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Kentucky governor, attorney general clash before high court
Headline Legal News | 2017/08/19 08:26
Kentucky's Democratic attorney general warned the state's highest court on Friday that the accreditation of the state's public colleges and universities would be at risk if they don't take his side against the Republican governor.

But an attorney for Republican Gov. Matt Bevin called Andy Beshear's argument "poppycock." He told the justices they should dismiss Beshear's lawsuit and vacate a lower court's judgment that the governor broke the law when he abolished the University of Louisville's board and replaced its trustees with an executive order last year.

What was supposed to have been a 30-minute hearing stretched more than an hour in a courtroom packed with political aides from both parties as two of Kentucky's top politicians faced off before the Supreme Court for the second time in a year.

Ultimately, Bevin got his wish for a new board at the university after the legislature convened and the Republican majority approved his choices under a new law. That's why a ruling from the Kentucky Supreme Court in this case likely won't affect the new board.

But Beshear is asking the court to declare Bevin's original order illegal and to prevent him from doing it again. If he's successful, it would be his second legal victory against Bevin and would be likely fodder for a potential campaign for governor in 2019.

If Bevin wins, it would bolster the governor's argument that Beshear has wasted time filing frivolous lawsuits against him.

Bevin replaced the board because he said the university needed a "fresh start" after a series of scandals and because the board violated state law by not having proportionate representation of racial minorities and political parties.

In issuing his executive order, Bevin relied on a state law, KRS 12.028 , that lets the governor make temporary changes when the legislature is not in session. The legislature then reviews those changes when they reconvene. If they don't act on them, the changes expire.


Maryland removes Dred Scott ruling author's statue
Headline Legal News | 2017/08/18 08:25
A statue of the U.S. Supreme Court justice who wrote the 1857 Dred Scott decision that upheld slavery and denied citizenship to African Americans was removed from the grounds of the Maryland State House early Friday.

The statue of Roger B. Taney was lifted away by a crane at about 2 a.m. It was lowered into a truck and driven away to storage.

The bronze statue was erected in 1872, just outside the original front door of the State House.

Three of the four voting members of the State House Trust voted by email Wednesday to move the statue. House Speaker Michael Busch, a Democrat who was one of the three who voted to remove it, wrote this week that the statue "doesn't belong" on the grounds.

His comments came after the violent protests in Charlottesville, Virginia, last weekend, with clashes between white nationalists and counter-protesters. A woman was killed when a car plowed into a crowd of people who were there to condemn the white nationalists, who had rallied against Charlottesville officials' decision to remove a monument to Confederate Gen. Robert E. Lee.




Nevada pot regulators back in court as supplies dwindle
Court News | 2017/08/17 08:25
Nevada's marijuana regulators are headed back to court in a turf battle with liquor wholesalers over exclusive rights to distribute pot products to the state's new recreational retailers.

Nevada's Taxation Department says the protracted legal fight has created a delivery bottleneck that's undermining an otherwise robust marijuana industry and the state revenue that comes with it.

Legal sales started with a bang July 1. But Tax Director Deonne Contine (kahn-TEEN') says the tiny distribution network's inability to keep pace with demand is forcing up prices and sending buyers back to the black market.

She says it's also jeopardizing worker safety at dispensaries forced to stockpile supplies and huge amounts of cash to accommodate erratic deliveries.

A Carson City judge plans to hear her request Thursday to lift the latest injunction blocking licenses for anyone other than alcohol distributors.


Young leaders of massive 2014 Hong Kong protests get prison
Court News | 2017/08/16 08:24
A Hong Kong court sent young activist Joshua Wong and two other student leaders to prison Thursday for their roles in huge pro-democracy protests nearly three years earlier, in the latest sign that tolerance for dissent is waning in the Chinese-ruled former British colony.

The High Court overturned an earlier verdict that let Wong, Nathan Law and Alex Chow avoid prison, agreeing with prosecutors that the original punishment for joining or leading an unlawful assembly that sparked the protests was too light.

They were immediately taken to serve their sentences of up to eight months, which have the added consequence of blocking each of them from seeking public office for five years.

Wong had little visible reaction as the verdict was read out but tweeted minutes after: "You can lock up our bodies, but not our minds! We want democracy in Hong Kong. And we will not give up." "See you soon," he added. He pumped his fist in the air as he walked out of the dock into custody.

The three were found guilty last year of leading or encouraging an illegal rally in September 2014 that kicked off the "Umbrella Movement" protests that captured world headlines. Youthful activists brought major thoroughfares to a standstill for 11 weeks to protest Beijing's plan to restrict elections in the semi-autonomous region.

Wong and Law were originally given community service and Chow had received a suspended three-week prison sentence.

A three-judge panel on Thursday decided to stiffen those sentences following the justice secretary's request. The judges, who said there was a need to deter others, gave Law eight months in prison, seven to Chow and six for Wong, following deductions that included one-month cuts in sentences for the community service Wong and Law completed.


German court sends ECB challenge to European court
Attorney News | 2017/08/15 09:22
Germany's top court has declined to hear a series of challenges to the European Central Bank's bond-buying stimulus program, referring them instead to the European Court of Justice.

The dpa news agency reports Tuesday that those against the program claimed it constituted illegal budget financing and that Germany's central bank should not be participating.

The Federal Constitutional Court ruled that because the challenge was about European Union regulations, it was up to the European court to decide.

The ECB's 2.28 trillion euro ($2.7 trillion) bond-purchasing program is only due to run through 2017, raising the question of whether the case can be heard before the program has already ended.



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