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NH Senate rejects changes to anti-bullying law
Topics in Legal News | 2011/05/03 08:32
New Hampshire's Senate has voted unanimously to reject changes to the state's anti-bullying law, such as limiting school responsibility in dealing with off-campus incidents.

Senators said Wednesday that the current law is only months old and needs further study before any changes are made.

The current law was amended last year for the electronic age. It defines bullying and cyberbullying and allows schools to step in if the conduct happens outside of school and interferes with a student's education or substantially disrupts school operations.

Many states have been moving in this direction, but some New Hampshire lawmakers wanted to restrict the boundaries to school grounds.

The House passed a bill in March that would remove that provision and make other changes. The Senate's rejection leaves the measure's future in doubt.


Firm hired by GOP ends work on gay marriage ban
Topics in Legal News | 2011/05/02 09:00
A prominent law firm hired by Republican lawmakers to defend the federal ban on gay marriage said Monday it was withdrawing from the case amid criticism by advocacy groups, prompting the partner leading the work to quit.

The move by Atlanta-based King & Spalding is the latest flashpoint in the public debate over gay rights. Chairman Robert Hays Jr. said the firm chose to divorce itself from the controversy after determining that the decision to take the case wasn't vetted properly, but gay rights groups had also been pressuring the 800-lawyer company with plans for a protest Tuesday in Atlanta and with calls to its other clients. The groups cheered the move.

The decision, however, was sharply criticized by conservative groups, legal observers and the partner who had been handling the case, a former high-ranking Justice Department official under President George W. Bush. Washington-based attorney Paul Clement said he's moving to another law office so he can continue the work.

Clement had been retained by House Republican leaders after President Barack Obama ordered the Justice Department in February to stop defending the Defense of Marriage Act. His administration said it believes the 1996 law, which defines marriage as only between a man and a woman, was unconstitutional.


Bachmann uses Holocaust to illustrate tax point
Topics in Legal News | 2011/05/02 09:00
Minnesota Rep. Michele Bachmann on Saturday described the loss of "economic liberty" that young Americans face today as a "flash point of history" in which the younger generation will ask what their elders did to stop it.

In a speech to New Hampshire Republicans, Bachmann recounted learning about a horrific time in history as a child — the Holocaust — and wondering if her mother did anything to stop it. She said she was shocked to hear that many Americans weren't aware that millions of Jews had died until after World War II ended.

Bachmann said the next generation will ask similar questions about what their elders did to prevent them from facing a huge tax burden.

"I tell you this story because I think in our day and time, there is no analogy to that horrific action," she said, referring to the Holocaust. "But only to say, we are seeing eclipsed in front of our eyes a similar death and a similar taking away. It is this disenfranchisement that I think we have to answer to."


Court sides with Wyoming in dispute with Montana
Topics in Legal News | 2011/05/02 09:00
The Supreme Court says Wyoming is not taking too much water from a river system it shares with Montana.

The high court on Monday turned away Montana's complaint that Wyoming is taking too much water from the Tongue and Powder rivers in violation of a 1950 agreement between the states.

Montana claimed that more efficient irrigation in Wyoming is preventing runoff from rejoining the river and flowing downstream.

Justice Clarence Thomas wrote the 7-1 decision, which says more efficient irrigation is permissible to the detriment of downstream users. Justice Antonin Scalia was the only dissenting vote.

Justice Elena Kagan did not participate in the case because she worked on it while in the solicitor general's office.


Kan. House debates forcing lawsuit over casino
Topics in Legal News | 2011/04/28 09:06
The Kansas House is debating whether it should force the attorney general to file a lawsuit over a proposed state-owned casino south of Wichita.

A resolution being discussed Thursday would require Attorney General Derek Schmidt to sue the state Racing and Gaming Commission's over its decision to allow a casino near Mulvane.

Iowa-based Peninsula Gaming plans to build a $260 million casino complex 18 miles south of Wichita.

Critics question whether the commission's decision in January was premature.

They cite misdemeanor campaign finance charges pending against the company and two top executives in Iowa. Company officials have said they're confident the case will be resolved in their favor, and they've started work on the casino.

Kansas law allows one legislative chamber to direct the attorney general to file a lawsuit.


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