|
|
|
Democratic governor getting to shape Kansas' top court
Headline Legal News |
2019/07/28 20:42
|
The Kansas Supreme Court's chief justice plans to retire before the end of the year, allowing first-year Democratic Gov. Laura Kelly to leave a bigger mark on the state's highest court than her conservative Republican predecessors.
Chief Justice Lawton Nuss announced Friday that he would step down Dec. 17 after serving on the court since 2002 and as chief justice since 2010. During Nuss' tenure as chief justice, GOP conservatives increasingly criticized the court as too liberal and too activist for the state over rulings on abortion, capital punishment and public school funding.
His announcement came a little more than two weeks after Justice Lee Johnson, another target of criticism on the right, announced plans to retire in September. That means Kelly will have two appointments to the seven-member court since she took office in January when conservative GOP Govs. Sam Brownback and Jeff Colyer had only one appointee between them during the previous eight years.
Both justices voted repeatedly to direct legislators to increase education funding in recent years and were part of the 6-1 majority that declared in April that the state constitution protects access to abortion as a "fundamental" right. They also voted to overturn death sentences in capital murder cases, though Nuss concluded that the death penalty law itself is constitutional. |
|
|
|
|
|
|
Dutch court needs more time to rule on Crimean treasures
Headline Legal News |
2019/07/15 12:16
|
An appeals court in Amsterdam said Tuesday it needs more time to rule on the ownership of a valuable trove of historical artefacts loaned to a Dutch museum by four museums in Crimea shortly before the region’s annexation by Russia in 2014.
The Amsterdam Court of Appeal said in an interim ruling that it needs “greater clarity” on the competing claims by Ukraine and the museums in Crimea. The court says it expects to deliver a final judgment in six to nine months.
Russia’s 2014 annexation of Crimea left the approximately 300 artefacts, including bronze swords, golden helmets and precious, gems in a legal limbo, as both Ukraine and the Crimean museums now controlled by Russia have demanded their return by Amsterdam’s Allard Pierson Museum.
“It is now a question of deciding who has the strongest rights; either the Crimean museums claiming a right of operational management under Ukrainian law, or the Ukrainian State claiming ownership of the Crimean treasures,” the court said.
The Dutch museum had borrowed the artifacts for an exhibition that opened a month before the annexation. It has kept them in storage pending resolution of the cultural tug-of-war and declined comment on the legal proceedings.
The court ruled that the Amsterdam museum was entitled to hold onto the artefacts “in view of the complex situation in Crimea.”
Among the objects in the exhibition are a solid gold Scythian helmet from the 4th century B.C. and a golden neck ornament from the second century A.D. that each weigh more than a kilogram (two pounds). |
|
|
|
|
|
|
Brazil's supreme court votes to make homophobia a crime
Headline Legal News |
2019/06/14 09:38
|
Brazil's supreme court officially made homophobia and transphobia crimes similar to racism on Thursday, with the final justices casting their votes in a ruling that comes amid fears the country's far-right administration is seeking to roll back LGBT social gains.
Six of the Supreme Federal Tribunal's 11 judges had already voted in favor of the measure in late May, giving the ruling a majority. The final justices voted Thursday for a tally of eight votes for and three against.
Racism was made a crime in Brazil in 1989 with prison sentences of up to five years. The court's judges ruled that homophobia should be framed within the racism law until the country's congress approves legislation specifically dealing with LGBT discrimination.
The court's judges have said the ruling was to address an omission that had left the LGBT community legally unprotected.
"In a discriminatory society like the one we live in, the homosexual is different and the transsexual is different. Every preconception is violence, but some impose more suffering than others," said justice Carmen Lucia.
Justice Ricardo Lewandowski, one of the judges who voted against the measure, recognized the lack of congressional legislation on the issue but said he voted against putting homophobia inside the framework of the racism legislation because only the legislature has the power to create "types of crimes" and set punishments. |
|
|
|
|
|
|
Supreme Court sides with Alabama company in patent dispute
Headline Legal News |
2019/06/09 14:09
|
The Supreme Court sided Monday with an Alabama technology company over the U.S. Postal Service in a patent dispute.
The dispute before the justices had to do with U.S. Patent No. 6,826,548. That's the patent Birmingham-based Return Mail has for a system that uses barcodes, scanning equipment and computer databases to process returned mail almost entirely automatically. The Postal Service initially expressed interest in Return Mail's invention but ultimately developed its own, similar system. That led to a dispute over the company's patent.
On Monday, the court sided 6-3 with Return Mail. Of the Postal Service's arguments, Justice Sonia Sotomayor deadpanned in an opinion : "None delivers."
The dispute began when the Postal Service tried and failed to get Return Mail's patent invalidated. Return Mail sued, arguing that the government should pay for using its invention without permission.
Just as Return Mail thought it might be gaining the upper hand, the Postal Service switched tactics, using a 2011 law to challenge Return Mail's patent. The Leahy-Smith America Invents Act says that a "person who is not the owner of a patent," can file a patent challenge using the law. The Postal Service argued it counted as a "person" under the law, but the Supreme Court disagreed. |
|
|
|
|
|
|
Feds: US Supreme Court should turn down 'Bridgegate' appeal
Headline Legal News |
2019/05/16 08:43
|
The U.S. solicitor general's office has recommended that the U.S. Supreme Court not hear the appeal of two convicted defendants in the "Bridgegate" case, nudging the four-year legal saga of New Jersey's most famous traffic jam toward a conclusion.
"Further review is not warranted," the brief filed late Wednesday said. The Supreme Court is expected to decide whether to hear the case by the end of its term next month.
Bridget Kelly and Bill Baroni want the court to hear the appeal of their 2016 convictions for causing gridlock near the George Washington Bridge to punish a mayor for not endorsing their boss, former Republican Gov. Chris Christie.
Christie wasn't charged, but the revelations from the scandal and conflicting accounts of when he knew about the plot combined to sabotage his 2016 presidential aspirations.
Kelly, Christie's former deputy chief of staff at the time of the 2013 lane realignments in the town of Fort Lee, and Baroni, deputy executive director of the Port Authority of New York and New Jersey, had their sentences reduced this spring after a federal appeals court tossed some convictions last fall. Kelly petitioned the Supreme Court to consider the rest of the convictions, and Baroni joined in the appeal.
They argued that while their actions may have been ethically questionable, they weren't illegal because neither derived personal benefit, and the Port Authority, which operated the bridge, wasn't deprived of tangible benefits as a result of the scheme. |
|
|
|
|
|
| Law Firm Web Design Information |
| Law Promo has worked with attorneys, lawyers and law firms all over the world in designing beautiful law firm websites that look great on all devices, from desktop computers to mobile phones. Law Promo can construct your law firm a brand new responsive law firm website, or help you redesign your existing site to secure your place in the mobile world. Solo Practice Law Firm Website Design |
|
|
Legal News RSS Feed
