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European Court Asked to Rule on Facebook Data Transfers
Legal Watch |
2017/09/27 13:57
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The European Court of Justice has been asked to consider whether Facebook's Dublin-based subsidiary can legally transfer users' personal data to its U.S. parent, after Ireland's top court said Tuesday that there are "well-founded concerns" the practice violates European law.
In a case brought after former U.S. defense contractor Edward Snowden revealed the extent of electronic surveillance by American security agencies, the Irish court found that Facebook's transfers may compromise the data of European citizens.
The case has far-reaching implications for social media companies and others who move large amounts of data via the internet. Facebook's European subsidiary regularly does so.
Ireland's data commissioner had already issued a preliminary decision that such transfers may be illegal because agreements between Facebook and its Irish subsidiary don't adequately protect the privacy of European citizens. The Irish High Court is referring the case to the European Court of Justice because the data sharing agreements had been approved by the European Union's executive Commission.
Ireland's data commissioner "has raised well-founded concerns that there is an absence of an effective remedy in U.S. law . for an EU citizen whose data are transferred to the U.S. where they may be at risk of being accessed and processed by U.S. state agencies for national security purposes in a manner incompatible" with the EU's Charter of Fundamental Rights, the Irish High Court said Tuesday.
Austrian privacy campaigner Maximillian Schrems, who has a Facebook account, had challenged this practice through the Irish courts because of concerns that his data was being illegally accessed by U.S security agencies. |
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Supreme Court opens pivotal term with Trump nominee in place
Headline News |
2017/09/25 13:56
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Disputes over a wedding cake for a same-sex couple and partisan electoral maps top the Supreme Court's agenda in the first full term of the Trump presidency. Conservatives will look for a boost from the newest justice, Neil Gorsuch, in a year that Justice Ruth Bader Ginsburg has said will be momentous.
President Donald Trump's travel ban appears likely to disappear from the court's docket, at least for now. But plenty of high-profile cases remain.
The justices will hear important cases that touch on gay rights and religious freedoms, the polarized American electorate, the government's ability to track people without search warrants, employees' rights to band together over workplace disputes and states' rights to allow betting on professional and college sporting events.
Last year, "they didn't take a lot of major cases because they didn't want to be deadlocked 4-to-4," said Eric Kasper, director of the Center for Constitutional Studies at the University of Wisconsin-Eau Claire. "This year, that problem doesn't present itself."
Gorsuch quickly showed he would be an ally of the court's most conservative justices, Clarence Thomas and Samuel Alito, most recently joining them in objecting to the court's decision to block an execution in Georgia.
While justices can change over time, Gorsuch's presence on the bench leaves liberals with a fair amount of trepidation, especially in cases involving the rights of workers.
The very first case of the term, set for arguments Monday, could affect tens of millions of workers who have signed clauses as part of their employment contracts that not only prevent them from taking employment disputes to federal court, but also require them to arbitrate complaints individually, rather than in groups. |
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Court asked to dismiss cases tied to ex-drug lab chemist
Court Center |
2017/09/22 09:04
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A petition is asking the highest court in Massachusetts to dismiss every case connected to a former state chemist who authorities say was high almost every day she went to work at a state drug lab for eight years.
The state's public defender agency is a party to the petition filed Wednesday before the Supreme Judicial Court by two women whose drug possession convictions are tied to evidence handled by chemist Sonja Farak.
Farak pleaded guilty in 2014 to stealing cocaine from the state crime lab at the University of Massachusetts Amherst. She worked at the lab between 2005 and 2013.
The women say the state failed to notify them of Farak's misconduct even after her conviction, depriving them of the opportunity to challenge their convictions.
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Kenya Supreme Court says why it annulled presidential poll
Law Firm Business |
2017/09/22 09:04
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Kenya's Supreme Court is delivering its full judgment on why it annulled President Uhuru Kenyatta's re-election in August.
The court annulled Kenyatta's victory in the August 8 election saying there were irregularities and illegalities, in response to opposition leader Raila Odinga's petition challenging the official results that Kenyatta won with 54 percent of the vote.
The electoral commission has set Oct. 17 as the date for a fresh election. Kenya's Chief Justice David Maraga said Tuesday that since the September 1 judgment nullifying the election results, there have been attempts to intimidate judges.
Kenyatta has called the Supreme Court judges "crooks" and warned of unspecified action against the judiciary if he is re-elected next month. Kenyatta's supporters demonstrated outside the Supreme Court Tuesday ahead of the full judgment on Wednesday.
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Egypt court orders detention of 24 minority Nubians 15 days
Top Legal News |
2017/09/21 16:05
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A lawyer says an Egyptian court has ordered the detention of 24 Nubians for 15 days pending investigation for participating in a protest earlier this month. Nubians are an ethnic minority.
Moustafa el-Hassan says Wednesday's decision comes after prosecutors appealed an earlier decision to release them on bail. Their release, which was ordered on Tuesday, had not been finalized.
They were arrested after setting out on a march in the southern city of Aswan to demand their right to return to their ancestral land around the lake formed by the Aswan High Dam. Charges include illegal protest, receiving funds from foreign sources and blocking public roads.
Nubians trace their roots back to an ancient civilization on the Nile. They have been forcibly displaced four times in the last century.
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Court: State, Not Counties Accountable for Poor School Funds
Headline News |
2017/09/20 16:05
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A North Carolina appeals court says students and parents still fighting for sufficient school funding decades after they were guaranteed the right to a sound, basic education should make demands of the governor and legislators, not county officials.
A divided state Court of Appeals ruled Tuesday that schoolchildren can't sue Halifax County commissioners over funding for the county's segregated public school districts.
Lawyers say though substandard Halifax County Schools' buildings sometimes force students to walk through sewage to reach their lockers, they get less local tax dollars than the majority white Roanoke Rapids schools.
Judges split 2-1 in ruling that local families should take their problems to Raleigh. The dissenting judge said counties can be sued since the legislature assigned them responsibility for funding buildings and supplies.
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Toys R Us files for Chapter 11 reorganization
Headline News |
2017/09/19 16:06
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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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