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Top German court strengthens intersex identity rights
Legal Business |
2017/11/03 13:43
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Germany’s highest court has decided that people must be allowed to be entered in official records as neither male nor female, saying in a ruling published Wednesday that authorities should create a third identity or scrap gender entries altogether.
The Federal Constitutional Court ruled on a case in which a plaintiff, identified by advocacy group Dritte Option only as Vanja, born in 1989, sought to have their entry in the birth register changed from “female” to “inter/diverse” or “diverse.”
Officials rejected the application on the grounds that the law only allows for children to be registered as male or female, or for the gender to be left blank.
The plaintiff argued that that was a violation of their personal rights. In a three-year legal battle, Vanja provided courts with a genetic analysis showing the plaintiff has one X chromosome but no second sex chromosome. Women have two X chromosomes, while men have one X and one Y chromosome.
The supreme court found that the law protects sexual identity, which has a “key position” in how individuals perceive themselves and are perceived by others. It said that “the sexual identity of those people who can be assigned neither to the male nor the female sex is also protected,” and said the constitution also protects them against discrimination because of their gender. The government has until the end of 2018 to draw up new rules.
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Toys R Us files for Chapter 11 reorganization
Legal Business |
2017/09/20 10:51
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Toys R Us, the pioneering big box toy retailer, has announced it has filed for Chapter 11 bankruptcy protection while continuing with normal business operations.
A statement by the Wayne, New Jersey-based company late Monday says it voluntarily is seeking relief in U.S. Bankruptcy Court for the Eastern District of Virginia in Richmond - and that its Canadian subsidiary is seeking similar protection through a Canadian court.
Toys R Us says court-supervised proceedings will help restructure its outstanding debt and reorganize for long-term growth.
The company says separate operations outside the U.S. and Canada, including more than 250 licensed stores and a joint venture partnership in Asia, are not part of the filings.
It emphasizes that its approximately 1,600 locations will remain open, that it will continue to work with suppliers and sell merchandise.
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Indian court sentences 2 men to death in 1993 Mumbai blasts
Legal Business |
2017/09/18 10:53
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An Indian court on Thursday sentenced two men to death and two others to life in prison for a series of bombings that killed 257 people in Mumbai in 1993. A fifth man was given 10 years in prison.
The five men were convicted earlier of criminal conspiracy and murder in the planting of 12 powerful bombs in cars, scooters and suitcases around India's financial capital.
The sentencing ended a second trial related to the bombings. An initial trial ended in 2007 with more than 100 people convicted, of whom 11 were sentenced to death and the rest to various terms in prison.
Ujjwal Nikam, the main prosecutor, said he could not ask for a death sentence for Abu Salem, a prime suspect, because he was extradited from Portugal to India in 2005 after the Indian government pledged he would not be given the death penalty, a key requirement in extradition proceedings in Europe.
He fled India after the bombings and was later arrested by police in Portugal.
The Mumbai court sentenced Salem to life in prison after finding him guilty of transporting weapons from Gujarat state to Mumbai ahead of the blasts. These included AK-56 assault rifles, ammunition and hand grenades.
Prosecutors said the bombings were an act of revenge for the 1992 demolition of a 16th century mosque by Hindu nationalists in northern India. That triggered religious riots in parts of India, leaving more than 800 dead, both Hindus and Muslims.
The blasts targeted a number of prominent sites in Mumbai, including the stock exchange, Air India building, hotels, a cinema and shopping bazaars.
Prosecutors said the attack was masterminded by underworld kingpin Dawood Ibrahim. India accuses Pakistan of sheltering Ibrahim, a charge Islamabad denies. India says he has been living in Karachi, Pakistan's financial hub, after fleeing from Mumbai, and has asked Pakistan to hand him over to face trial in India.
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Raise drives justices to slash funding for advisory council
Legal Business |
2017/08/22 23:08
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The Wisconsin Supreme Court has decided to quit funding a council that helps justices revise legal procedures across the state after the council's attorney got a raise of more than $22,000.
The 21-member council includes judges, legislators and attorneys. The group studies court practices and make recommendations to the Supreme Court on how to improve the system. The Supreme Court provides the council with $111,400 each year, with $59,600 going to pay the council's only employee, attorney April Southwick.
Council minutes indicate the panel's four-person executive committee voted via teleconference in June to give Southwick the title of executive director and raise her salary from $59,600 to $82,326. The committee decided that salary level was consummate with other similar positions in the judicial branch.
The Supreme Court notified the DOA by letter on Aug. 17 that the justices were concerned about the raise and had decided to stop funding the council by the time Gov. Scott Walker signs the 2017-19 state budget. The letter called the size of the raise "extraordinary" and said justices were concerned about the process used to award it.
Director of State Courts Randy Koshnick sent an email to the state Department of Administration on Aug. 1 alleging that under state law the executive committee couldn't authorize the raise. He pointed out that state law requires a quorum of at least 11 council members to take action.
Justices Ann Walsh Bradley and Shirley Abrahamson, who make up the court's liberal-leaning minority, dissented. Bradley wrote that the court didn't have a thorough discussion about defunding the council and called the decision "ill-advised." She said the council has served the court well for more than 60 years, helping craft evidence rules, civil and criminal procedures and appellate practices. |
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French Designer Wins Court Case in Dispute with Brad Pitt
Legal Business |
2017/08/19 08:26
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A French lighting designer has won a $600,000 court ruling in a dispute with Brad Pitt over a grandiose re-design of the chateau in Provence that he and Angelina Jolie shared.
But designer Odile Soudant isn’t stopping there. She says her business went under because of Pitt’s refusal to pay for costly architectural reveries, and she’s now fighting for the intellectual property rights to the Chateau Miraval’s lighting design.
Pitt’s representatives argue the project was late and over-budget and the design was Pitt’s brainchild – not hers.
Soudant’s legal actions are the latest challenge for Pitt, who is in protracted divorce proceedings with Jolie.
The couple stayed at the chateau when she gave birth to their twins in nearby Monaco in 2008, launched a wine venture from its vineyards and married there in 2014.
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