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High court's stance could spur immigration laws
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2012/04/30 09:25
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Emboldened by signals that the U.S. Supreme Court may uphold parts of Arizona's immigration law, legislators and activists across the country say they are gearing up to push for similar get-tough measures in their states.
"We're getting our national network ready to run with the ball, and saturate state legislatures with versions of the law," said William Gheen, president of Americans for Legal Immigration. "We believe we can pass it in most states."
That goal may be a stretch, but lawmakers in about a dozen states told The Associated Press they were interested in proposing Arizona-style laws if its key components are upheld by the Supreme Court. A ruling is expected in June on the Department of Justice's appeal that the law conflicts with federal immigration policy.
Dan Stein, president of the Federation for American Immigration Reform, said he was encouraged that several justices suggested during Wednesday's oral arguments that they are ready to let Arizona enforce the most controversial part of its law — a requirement that police officers check the immigration status of people they suspect are in the country illegally. |
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Supreme Court says Manchester property tax data private
Headline Topics |
2011/12/24 16:33
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The Vermont Supreme Court says information used by towns to calculate adjustments to residents' property taxes should remain private.
In an entry order published Friday, the court reversed a Bennington County Superior Court ruling that said the town of Manchester should provide the tax information to someone who requested it.
The issue involves the amount Vermont property tax payers may have deducted from their bills based on their income, school property tax burden and if they to use a portion of their tax refund to reduce property taxes.
The state Department of Taxes calculates that amount and sends it to towns to reduce a property owner's taxes.
The Supreme Court says the law governing the deductions is covered by the state's privacy laws. Property tax bills are, however, public.
The court decision is posted on the town website, http://www.manchester-vt.gov/ |
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NY top court allows private securities claims
Headline Topics |
2011/12/20 10:25
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Enforcement by the state attorney general against securities fraud doesn't pre-empt private common-law claims of negligence against investment companies, New York's top court ruled Tuesday.
The Court of Appeals rejected J.P. Morgan Investment Management's argument that New York's Martin Act gives the attorney general exclusive authority over fraudulent securities and investment practices. The court said Assured Guaranty (UK) Ltd. can sue J.P. Morgan.
We agree with the attorney general that the purpose of the Martin Act is not impaired by private common-law actions that have a legal basis independent of the statute because proceedings by the attorney general and private action have the same goal — combating fraud and deception in securities transactions, Judge Victoria Graffeo wrote.
Assured claimed breach of fiduciary duty and gross negligence, alleging J.P. Morgan invested heavily in risky mortgage-backed securities while committing to a conservative investment policy for reinsurance company Orkney RE II PLC, whose obligations Assured guaranteed. After the market crashed, Assured had to cover Orkney losses.
Here, the plain text of the Martin Act, while granting the attorney general investigatory and enforcement powers and prescribing various penalties, does not expressly mention or otherwise contemplate the elimination of common-law claims, Graffeo wrote. The unanimous ruling upheld a midlevel court, which had reversed a judge. |
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Penn State figures accused of lying head to court
Headline Topics |
2011/12/13 13:03
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Jerry Sandusky's decision Tuesday to waive his preliminary hearing shifts the focus in the child sex-abuse scandal to two Penn State administrators accused of failing to properly report suspected abuse and lying to the grand jury investigating Sandusky.
Tim Curley and Gary Schultz face their own pretrial hearing on Friday in Harrisburg, and although the charges are much different, with far less severe potential penalties, their cases could hinge on a man also expected to be a prime witness against Sandusky: assistant football coach Mike McQueary.
McQueary testified that he happened upon rhythmic, slapping sounds in the football team locker room showers in March 2002, and looked in to see a naked boy being sodomized by the former defensive coordinator, according to a grand jury presentment.
McQueary, then a 28-year-old graduate assistant, reported what he saw to then-football coach Joe Paterno, the grand jury said. Paterno called Curley, the university's athletic director, the next day, and a week and a half later McQueary met with Curley and Schultz — who oversaw university police in his position as a vice president. |
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Court: Assange can continue extradition fight
Headline Topics |
2011/12/05 10:23
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A British court Monday gave WikiLeaks founder Julian Assange permission to continue his legal battle to avoid extradition to Sweden over sex crimes allegations.
The decision means Assange does not face immediate deportation. British judges said Assange could apply to the Supreme Court to hear one specific point of his legal case — but there is no guarantee that the higher court will accept his request.
Assange's lawyers had argued that every European arrest warrant issued by police or prosecutors was flawed, because neither should be considered a judicial authority.
The High Court judges did not indicate whether they agreed with the argument, but said Assange's legal team should have the chance to ask the Supreme Court to grant them a hearing.
Assange seemed pleased by the ruling. Asked if it was a victory, he said yes. He had listened attentively to the hearing, frequently taking notes.
Assange now has 14 days to submit a written request to the Supreme Court, Assange's lawyer Gareth Peirce said. |
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High court to hear suit over Cheney event arrest
Headline Topics |
2011/12/05 10:23
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The Supreme Court said Monday it will hear an appeal from Secret Service agents who say they should be shielded from a lawsuit over their arrest of a Colorado man who confronted Vice President Dick Cheney.
The justices will review a federal appeals court decision to allow Steven Howards of Golden, Colo., to pursue his claim that the arrest violated his free speech rights. Howards was detained by Cheney's security detail in 2006 after he told Cheney of his opposition to the war in Iraq.
Howards also touched Cheney on the shoulder, then denied doing so under questioning. Appellate judges in Denver said the inconsistency gave the agents reason to arrest Howards.
Even so, the appeals court said Howards could sue the agents for violating his rights — an unusual twist that the agents and the Obama administration said conflicts with other appeals court decisions and previous high court rulings in similar cases.
Justice Elena Kagan is not taking part in the case, probably because she worked on it while serving in the Justice Department. |
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Wis. office wants to suspend former DA's license
Headline Topics |
2011/12/01 10:26
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The Wisconsin office that regulates attorney conduct asked the state Supreme Court on Wednesday to suspend a former prosecutor's law license for trying to spark an affair with a domestic abuse victim through a barrage of racy text messages and allegedly making sexual remarks to a number of other women.
The Office of Lawyer Regulation filed a complaint with the court alleging former Calumet County District Attorney Ken Kratz violated multiple attorney conduct rules. The office recommended the justices suspend his law license for six months.
Kratz resigned in October 2010 after The Associated Press reported that he sent 30 texts over three days to a then-25-year-old domestic abuse victim in 2009. The Republican district attorney was prosecuting the woman's ex-boyfriend at the time.
Kratz, then 50, called the woman a tall, young, hot nymph, told her he wanted her to be so hot and touted himself as the prize with a $350,000 house.
He has since set up a private practice that handles criminal defense, drunken driving, divorce and injury cases, according to the firm's website. Kratz didn't respond to an email or phone message left Wednesday at his office, and his attorney, Robert Bellin, also didn't immediately respond to a request for comment. |
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