Senate confirms Obama lawyer as solicitor general
Legal Topics | 2011/06/07 16:16
The Senate has confirmed White House lawyer Donald Verrilli Jr. to succeed Justice Elena Kagan as U.S. solicitor general.

With the 72-16 vote, Verrilli will fill a post that has been vacant since the Senate voted Kagan to her Supreme Court seat last August. The solicitor general represents the executive branch of government before the Supreme Court.

President Barack Obama named Verrilli as Kagan's successor last January. A month ago, the Senate Judiciary Committee approved the nominee by a 17-1 vote.

Verilli has most recently served as a deputy counsel to Obama. He previously worked at the Justice Department as an associate deputy attorney general.


NJ mom accused of starving child pleads not guilty
Legal Topics | 2011/06/02 15:53
Two women pleaded not guilty Wednesday to charges of child endangerment a week after an 8-year-old was found dead in their apartment from severe malnutrition and an untreated broken leg and her injured and emaciated siblings were removed alive.

The children's 30-year-old mother, Venette Ovilde, stared blankly and answered a judge's questions in a barely audible whisper as she entered her plea through a court-appointed attorney. She remains held on $500,000 bail on aggravated manslaughter and child endangerment charges.

Her 23-year-old roommate, Myriam Janvier, also pleaded not guilty through a court-appointed attorney to child endangerment charges. Her bail was continued at $100,000.

Christiana Glenn died May 22 from severe malnutrition and a fractured femur that authorities said had never been treated. Her 7-year-old sister and 6-year-old brother remained hospitalized for treatment of malnutrition and other injuries after being removed from Ovilde's Irvington apartment.

The children were discovered after the police were called to the home on a report of a child not breathing.

The women, who were both born in Haiti but came to the U.S. at a young age, radically altered their lifestyles about two years ago when they came under the sway of a man they described as their religious leader, according to friends and acquaintances.


Head of Delaware Business Court Joining Law Firm
Legal Topics | 2011/05/21 15:52
The head of Delaware's Court of Chancery, a key venue for matters of corporate law, is taking a job with a California-based law firm.

Chancellor William Chandler III will join Palo Alto-based Wilson Sonsini Goodrich & Rosati on June 18. He had announced in April that he was retiring from the bench. In a statement released by the firm Thursday, Chandler said Wilson Sonsini has an outstanding legal practice and one of the most enviable client bases in the nation.

Chandler has served on the chancery court since 1989 and was appointed to the top post of chancellor in 1997.

He has presided over many high-profile cases, involving companies such as Walt Disney Co., Yahoo Inc., Microsoft Corp., News Corp., eBay Inc., Citigroup Inc., Hewlett-Packard Co. and Dow Chemical Co.


Court lets Minn. corporate disclosure law stand
Legal Topics | 2011/05/17 15:37
A federal appeals court has affirmed a judge's decision to let stand Minnesota's law requiring the disclosure of corporate political donations, saying the state's rules are similar to laws upheld by the Supreme Court and the groups who want them blocked are unlikely to prevail.

In an opinion filed Monday, the 8th Circuit Court of Appeals disagreed with claims that Minnesota's disclosure requirements effectively prohibit corporate independent expenditures and impose burdensome regulations that ban free speech.

"The burden on corporations appears light, and the reporting requirement greatly facilitates the government's informational interest in monitoring corporate independent expenditures," the appeals court found. The judges wrote that rather than banning contributions, the law provides a way to disclose certain information.

Minnesota law requires that in election years, businesses and independent groups must submit five reports and disclose large donations within 24 hours for the three weeks leading up to the primary and the last two weeks before the general election. In off years, one report is required. The registration requirement is triggered when businesses or independent funds spend more than $100. Penalties for violations can be up to $25,000.

One member of the three-judge panel disagreed with the majority in part, saying the state's reporting requirements chill political speech.


Police investigate threats to Indiana Supreme Court
Legal Topics | 2011/05/16 15:37

Capitol Police in Indianapolis are investigating harassing phone calls and email messages to the Indiana Supreme Court following a recent contentious ruling.

Police won't say how many calls and messages have been received or whether they're addressed to a specific justice. Court spokeswoman Kathryn Dolan tells The Times of Munster the threats are mostly directed at police officers.

The state's highest court ruled Thursday that Indiana residents have no right to resist police making an unlawful police entry into their homes. In a 3-2 decision written by Justice Steven David, the court ruled that people person confronted with an illegal police entry into their homes should allow entry and sue later for damages. It said resisting entry increases the risk of escalating violence.



Denver appeals court weighs military impostor law
Legal Topics | 2011/05/12 15:41

A federal appeals court in Denver was hearing arguments Thursday on whether Congress can make it illegal to falsely claim to be a military hero.

At issue is the Stolen Valor Act, which makes it a crime punishable by up to a year in jail to falsely claim to have been awarded a military medal.

The case before the 10th U.S. Circuit Court of Appeals centers on Rick Strandlof, a Colorado man who was arrested after claiming he was wounded in Iraq as a Marine and had received military medals. His lawyers have acknowledged the claims were false.

A federal judge ruled the law violated the First Amendment. Prosecutors asked the 10th Circuit to uphold the law, which has also been challenged in California.

The law makes it a crime punishable by up to a year in jail to falsely claim to have received a medal from the U.S. military.

Some legal scholars have said they expect the law to eventually land before the U.S. Supreme Court.

In the Colorado case, Strandlof, who founded a veterans group in Colorado Springs, was charged in 2009 with violating the law by claiming to be an ex-Marine who was wounded in Iraq and received the Purple Heart and Silver Star. The military said it had no record that he ever served.

A federal judge threw out the case in July, ruling the U.S. government had not shown any compelling reason to restrict that particular type of speech.

The judge also ruled that lying about getting a military medal doesn't fall into any of the limited exceptions to free speech that the Supreme Court has recognized, including fraud.

The law doesn't require a showing that an alleged impostor got financial benefits or caused financial harm for a conviction.

In the California case, Xavier Alvarez, a water board official from Pomona, was indicted in 2007 after saying at a public forum that he was a retired Marine who received the Medal of Honor, the nation's highest military decoration.

He pleaded guilty on condition that he would be allowed to appeal on First Amendment grounds. A three-judge panel of the 9th Circuit ruled 2-1 in his favor in August.



Raided pot providers sue government
Legal Topics | 2011/05/11 15:42

Two medical marijuana providers have accused the U.S. government of civil rights violations in what may be the first lawsuit of its kind in response to a federal crackdown on pot operations across the nation.

The owners of Montana Caregivers Association and MCM Caregivers claim federal raids on pot businesses across Montana in March were unconstitutional, exceeded the government's authority and pre-empted the state's medical marijuana law.

Since then, federal agents have raided two Washington state dispensaries, and federal prosecutors have sent letters of warning to leaders in most of the 15 states with medical marijuana laws.

The lawsuit was filed Tuesday in U.S. District Court in Missoula against the government, Department of Justice, Attorney General Eric Holder and U.S. Attorney for Montana Michael Cotter.

The plaintiffs claim the intent of the raids was to shut down the medical pot industry.

"The federal government has made clear its intent to threaten and eventually eliminate any business or enterprise related to the medical use of marijuana," Christopher Williams of the Montana Caregivers Association and Randy Leibenguth of MCM Caregivers claimed in the lawsuit.

The Department of Justice did not comment when contacted Wednesday. Cotter spokeswoman Jessica Fehr also declined comment, saying the U.S. attorney's office had not been served with the lawsuit.




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