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Court rules against Florida officials on medical marijuana
Headline Topics |
2019/07/08 11:40
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A Florida appellate court ruled that the state's approach to regulating marijuana is unconstitutional, possibly allowing more providers to jump into a market positioned to become one of the country's most lucrative.
If the ruling stands, it could force state officials to lift existing caps on how many medical marijuana treatment centers can operate in Florida.
Tuesday's ruling by the 1st District Court of Appeal in Tallahassee was another setback for Florida officials trying to regulate the burgeoning marijuana industry more tightly. It mostly affirmed a lower court's ruling that the caps and operational requirements violated the voter-approved constitutional amendment legalizing medical marijuana in 2016.
Ever since, the law has been a subject of debate in the legislature and courts. It was unclear whether Florida officials would appeal the ruling.
Florida now has more than 240,000 people registered with the state to legally use medicinal marijuana, according to the Office of Medical Marijuana Use. They are served by 142 dispensaries across the state, the majority operated by about a half-dozen medical marijuana treatment centers that grow their own crop, process it and sell it — a business model known as vertical integration.
That business model and the limited number of treatment centers were points of contention for Tampa-based Florigrown, which sued the state after being denied a license.
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EU court says Poland's Supreme Court reforms unlawful
Headline Topics |
2019/06/21 10:52
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The European Union's top court ruled Monday that a Polish law that pushed Supreme Court judges into early retirement violates EU law, a setback for Poland's right-wing government but a move welcomed by critics who worried the measure would cause a serious erosion of democratic standards.
In its ruling, the European Court of Justice said the measures breach judicial independence. An interim decision from the Luxembourg-based court in November ordered the Polish government to reinstate judges who were forced to retire early and to amend the law to remove the provisions that took about one-third of the court off the bench.
The court said the law "undermines the principle of the irremovability of judges, that principle being essential to their independence."
There was no immediate reaction from Poland's government, but the decision is a blow to the ruling authorities, who since winning power in 2015 have increasingly taken control of the judicial system.
The government and president have said they wanted to force the early retirement of the Supreme Court judges as part of a larger effort to purge communist-era judges.
But legal experts say that argument holds no water because most communist-era judges are long gone from the judicial system 30 years after the fall of communism. Many critics believe the true aim is to destroy the independence of the Polish judiciary.
The biggest fear is that the judiciary could become so politicized that those not favored by the ruling authorities could be unfairly charged with crimes and sentenced, essentially deprived of fair hearings. Though a separate court, the Constitutional Tribunal, and other bodies are already under the ruling party's control, many judges have continued to show independence, ruling against the authorities, even the justice minister, in recent cases. |
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Washington Supreme Court weighing legislative records case
Headline Topics |
2019/06/12 09:30
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Washington Supreme Court justices had pointed questions Tuesday for lawyers representing the Legislature and a media coalition who argued that lawmakers have been violating the law by not releasing emails, daily schedules and written reports of sexual harassment investigations.
The high court heard oral arguments on the appeal of a case that was sparked by a September 2017 lawsuit from a coalition led by The Associated Press. The group sued to challenge lawmakers' assertion they are not subject to the law that applies to other elected officials and agencies.
A Thurston County superior court judge in January 2018 ruled that the offices of individual lawmakers are in fact subject to the Public Records Act, but that the Washington Legislature, the House and Senate were not.
The media coalition's lawsuit had named the individual entities of the Legislature, as well as four legislative leaders. The Legislature has appealed the portion of the ruling that applies to the legislative offices, and the media coalition has appealed the portion of the ruling that applies to the Legislature, House and Senate.
The Public Records Act was passed by voter initiative in 1972. The Legislature has made a series of changes in the decades since, and lawyers for the House and Senate have regularly cited a 1995 revision in their denials to reporters seeking records. |
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Semenya wins in court again; claims was denied race entry
Headline Topics |
2019/06/10 09:29
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Caster Semenya has won another court decision in her battle to get track and field's testosterone regulations thrown out.
The Olympic 800-meter champion's lawyers say the IAAF, the governing body of athletics, has failed with an urgent request to Switzerland's supreme court to have the testosterone rules immediately re-imposed on Semenya.
The Swiss supreme court ruled earlier this month that the regulations should be temporarily suspended for Semenya, who has appealed against them.
That full appeal could take a year or more to be heard. Semenya has requested the rules be suspended throughout the appeal process, possibly allowing her to run at this year's world championships without taking testosterone suppressing medication.
The IAAF has until June 25 to respond to Semenya's request for a long-term suspension of the rules.
Semenya also claims she was denied entry to the 800-meter race at the Diamond League event in Rabat, Morocco this weekend despite the court order allowing her to run in her favored race again.
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Carnival will pay $20m over pollution from its cruise ships
Headline Topics |
2019/06/05 09:47
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Carnival Corp. reached a settlement Monday with federal prosecutors in which the world’s largest cruise line agreed to pay a $20 million penalty because its ships continued to pollute the oceans despite a previous criminal conviction aimed at curbing similar conduct.
Senior U.S. District Judge Patricia Seitz approved the agreement after Carnival CEO Arnold Donald stood up in open court and admitted the company’s responsibility for probation violations stemming from the previous environmental case.
“The company pleads guilty,” Arnold said six times in a packed courtroom that include other senior Carnival executives, including company chairman and Miami Heat owner Micky Arison.
“We acknowledge the shortcomings. I am here today to formulate a plan to fix them,” Arnold added
“The proof will be in the pudding, won’t it?” the judge replied. “If you all did not have the environment, you would have nothing to sell.”
Carnival admitted violating terms of probation from a 2016 criminal conviction for discharging oily waste from its Princess Cruise Lines ships and covering it up. Carnival paid a $40 million fine and was put on five years’ probation in that case, which affected all nine of its cruise brands that boast more than 100 ships.
Now Carnival has acknowledged that in the years since its ships have committed environmental crimes such as dumping “gray water” in prohibited places such Alaska’s Glacier Bay National Park and knowingly allowing plastic to be discharged along with food waste in the Bahamas, which poses a severe threat to marine life.
The company also admitted falsifying compliance documents and other administrative violations such as having cleanup teams visit its ships just before scheduled inspections.
Seitz at an earlier hearing threatened to bar Carnival from docking at U.S. ports because of the violations and said she might hold executives individually liable for the probation violations.
“The concern I have is that senior management has no skin in the game,” Seitz said, adding that future violations might be met with prison time and criminal fines for individuals. “My goal is to have the defendant change its behavior.”
Under the settlement, Carnival promised there will be additional audits to check for violations, a restructuring of the company’s compliance and training programs, a better system for reporting environmental violations to state and federal agencies and improved waste management practices. |
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San Francisco police chief: Journalist ‘crossed the line’
Headline Topics |
2019/05/21 14:51
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The San Francisco police chief said Tuesday that he respects the news media, but a freelance journalist whose home and office were raided by officers had “crossed the line” by joining a conspiracy to steal a confidential report.
Chief William Scott addressed reporters hours after police agreed in court to return property seized from Bryan Carmody in raids aimed at uncovering the source of a leaked police report into the unexpected death of the city’s former elected public defender, Jeff Adachi.
Tensions are high in the case, which has alarmed journalism advocates and put pressure on elected leaders in the politically liberal city to defend the press.
Authorities believe a police department employee was involved and had contact with Carmody.
“We believe that that contact and that interaction went across the line. It went past just doing your job as a journalist,” Scott said.
He added: “This is a big deal to us, as well it should be. It’s a big deal to the public. It’s a big deal to you all.”
Scott said the primary target of the ongoing investigation is the employee, whose identity investigators do not know. He said the secondary focus is on Carmody, who may have been motivated by profit or a desire to tarnish Adachi’s reputation, or both. |
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Feds: US Supreme Court should turn down 'Bridgegate' appeal
Headline Topics |
2019/05/16 09:00
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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. |
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