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Wife says Chinese rights lawyer being denied legal counsel
Legal Business | 2015/07/20 09:17
A prominent Chinese rights lawyer whose trial is drawing near on charges of inciting ethnic hatred and provoking trouble has been denied access to lawyers for nearly a month, his wife and one of his attorneys said Monday.

Meng Qun, wife of Pu Zhiqiang, raised the concern in an open letter addressed to the leadership of the Beijing detention center where her husband is being held, urging authorities to honor China's own rules to allow Pu access to lawyers.

One of Pu's attorneys, Shang Baojun, confirmed that Pu last met his lawyers on June 23 and verified the authenticity of Meng's letter.

Pu is widely believed to be politically persecuted amid Beijing's crackdown on civil society. The charges stem from his online posts that questioned China's ethnic policies in the wake of deadly violence involving ethnic minority Uighurs, and others that mocked several political figures.

He was taken away in May 2014 and was indicted on May 15 this year, after one year in detention.

Shang said he expects a Beijing court to hold Pu's trial soon, because by law Chinese courts have three months from the indictment to hold a trial and issue a verdict, but the authorities have not yet announced a date.




Court: New health law doesn't infringe on religious freedom
Legal Business | 2015/07/12 08:57
The federal health care law doesn't infringe on the religious freedom of faith-based nonprofit organizations that object to covering birth control in employee health plans, a federal appeals court in Denver ruled Tuesday.

The case involves a group of Colorado nuns and four Christian colleges in Oklahoma.

Religious groups are already exempt from covering contraceptives. But the plaintiffs argued that the exemption doesn't go far enough because they must sign away the coverage to another party, making them feel complicit in providing the contraceptives.

The 10th Circuit Court of Appeals disagreed. The judges wrote that the law with the exemption does not burden the exercise of religion.

"Although we recognize and respect the sincerity of plaintiffs' beliefs and arguments, we conclude the accommodation scheme ... does not substantially burden their religious exercise," the three-judge panel wrote.

The same court ruled in 2013 that for-profit companies can join the exempted religious organizations and not provide the contraceptives. The U.S. Supreme Court later agreed with the 10th Circuit in the case brought by the Hobby Lobby arts-and-crafts chain.



Legal public nudity; cattle rustling; sheriff pays tax
Legal Business | 2015/07/06 14:00
A Minnesota volunteer firefighter was suspended Sunday for flying a Confederate flag from an engine that he drove in a holiday parade, and he said he expects to be asked to resign.

Brian Nielsen, 43, drove a Hartland Fire Department truck in the Third of July Parade in the southern Minnesota city of Albert Lea, the Albert Lea Tribune first reported. Nielsen, who's been with the department for about 10 years, flew both the Confederate and American flags from the back of the truck. He said neither his town nor his department had anything to do with it.

Nielsen said he's not for slavery, but did it because he was fed up with political correctness.

"It was my decision and I didn't think it was going to be a big deal, but boy was I wrong," Nielsen told The Associated Press.

He said Hartland Fire Chief Trent Wangen suspended him Sunday pending an investigation.

"More than likely I'll probably be asked to step down," Nielsen said. "I respect that and will do that if they want."

The killings of nine people at a historically black South Carolina church last month have sparked debate nationwide about the appropriateness of displaying the Confederate flag. The man charged in the shooting deaths had posted photographs of himself with the flag on social media.

Nielsen said he didn't think flying the flag would draw as much flak as it has. It's been the subject of critical tweets and Facebook postings. He said a woman wearing a Democratic-Farmer-Labor Party patch came up to him and criticized the flag before the parade, but other spectators stood up and clapped as the truck flying both the U.S. and Confederate flags passed by.

Friday's parade was organized by the Albert Lea Chamber of Commerce. Its executive director, Randy Kehr, said the display was "unfortunate" but within the firefighter's rights. He told the Star Tribune of Minneapolis he didn't know ahead of time that the truck would carry the Confederate flag, and probably would have respectfully asked Nielsen not to fly it if he had known.




High court strikes down raisin program as unconstitutional
Legal Business | 2015/06/22 08:30
The Supreme Court ruled Monday that a 66-year-old program that lets the government take raisins away from farmers to help reduce supply and boost market prices is unconstitutional.

In an 8-1 ruling, the justices said forcing raisin growers to give up part of their annual crop without full payment is an illegal confiscation of private property.

The ruling is a victory for California farmers Marvin and Laura Horne, who claimed they were losing money under a 1940s-era program they call outdated and ineffective. They were fined $695,000 for trying to get around the program.

A federal appeals court said the program was acceptable because the farmers benefited from higher market prices and didn't lose the entire value of their crop.

The government argued that the Hornes benefited from increased raisin prices, but their cause had won wide support from conservative groups opposed to government action that infringes on private property rights.

Writing for the court, Chief Justice John Roberts said the government must pay "just compensation" when it takes personal goods just as when it takes land away. He rejected the government's argument that the Hornes voluntarily chose to participate in the raisin market and have the option of selling different crops if they don't like it.


Appeals court sets aside conviction of bin Laden assistant
Legal Business | 2015/06/13 13:59
A federal appeals court has set aside the military commission conviction of a Guantanamo Bay detainee who allegedly produced an al-Qaida recruiting video and served as Osama bin Laden's personal assistant and public relations secretary.
   
The U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that the conspiracy case against the detainee was legally flawed because conspiracy is not a war crime. The detainee is Ali Hamza al-Bahlul.

The system of military commissions was created by the administration of President George W. Bush after the Sept. 11 terrorist attacks.

The Obama administration argued that Congress acted within its authority in making conspiracy a crime that could be tried by military commission.

Al-Bahlul's lawyers argued that military commissions can only try offenses under the law of war.




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