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In or out? Court case on job bias casts pall on LGBT fests
Legal Interview |
2019/10/14 10:47
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National Coming Out Day festivities were tempered this year by anxiety that some LGBT folk may have to go back into the closet so they can make a living, depending on what the Supreme Court decides about workplace discrimination law.
But the mere fact that words like “transgender” are being uttered before the nation’s highest court gives some supporters of LGBT workplace rights hope that the pendulum will swing in their favor.
“I want all members of our community to feel supported by the government, and often for a lot of us and a lot of friends of mine, it’s the first time that they feel represented,” said Jessica Goldberg, a bisexual senior at the University of Colorado Denver.
Still, for many, the arguments showed the continuing relevance of National Coming Out Day, first observed in 1988 and marked every Oct. 11, though observances happen over several days. That includes Philadelphia’s annual OutFest, held Sunday this year and billed as the largest National Coming Out Day event. |
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Carnival execs back in court on ocean pollution case
Legal Interview |
2019/10/03 02:08
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Top Carnival Corp. executives are due back in court to explain what the world's largest cruise line is doing to reduce ocean pollution.
A hearing is set Wednesday in Miami federal court for an update on what steps Carnival is taking. Chairman Micky Arison, who also owns the Miami Heat, and CEO Arnold Donald are both expected to be there.
Earlier this year, Carnival admitted violating probation from a 2016 criminal pollution case as its ships continued to cause environmental harm around the world since then and was hit with a $20 million penalty. That comes on top of a $40 million fine imposed in the original case.
Carnival operates more than 100 ships across its nine cruise brands and sails to more than 700 destinations. |
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Dutch Supreme Court asked to clarify euthanasia case
Legal Interview |
2019/09/23 02:09
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Prosecutors have asked the Netherlands' Supreme Court to clarify legal matters in a landmark euthanasia case, saying Thursday they want to lay down unambiguous jurisprudence for the future.
The Public Prosecution Service said by instituting "cassation in the interest of the law" proceedings they aim to clarify how doctors deal with euthanasia on "incapacitated patients" without subjecting a doctor acquitted at a trial to a new legal battle.
Prosecutors said in a statement they want "legal certainty to be created for doctors and patients about this important issue in euthanasia legislation and medical practice."
The retired nursing home doctor was cleared earlier this month by judges in The Hague who ruled that she adhered to all criteria for carrying out legal euthanasia when she administered a fatal dose of drugs to a 74-year-old woman with severe dementia.
The cassation proceedings mean that the doctor's acquittal will not be called into question.
The doctor carried out euthanasia on the woman in 2016, acting on a written directive the patient had drawn up earlier. The woman later gave mixed signals about her desire to die, but the doctor, in close consultation with the woman's family, decided to go ahead with the mercy killing.
The Hague District Court ruled that in rare cases of euthanasia on patients with severe dementia - and who had earlier made a written request for euthanasia - the doctor "did not have to verify the current desire to die."
Prosecutors said they disagreed with the Hague court and want the Supreme Court to rule on legal issues in the case. |
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US appeals court: Another conflict in New Orleans courts
Legal Interview |
2019/09/07 05:26
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A state magistrate judge in New Orleans has a conflict of interest when he sets bail for criminal defendants because bail fees help fund court operations, a federal appeals court said Thursday ? the second time in a week it has found such a conflict in New Orleans courts.
The ruling was in response to an appeal filed by Orleans Parish Criminal District Court Magistrate Judge Harry Cantrell ? often the first court official to preside over a newly arrested defendant’s case, and the one who initially sets bond.
A three-judge panel of the 5th U.S. Circuit Court of Appeal rejected Cantrell’s appeal and upheld a lower court finding that there was a conflict because fees collected as part of bail go to a judicial expense fund.
The lower court’s ruling came in response to a lawsuit filed by two state criminal defendants, one of whom was jailed for two weeks until money for a bail bond was raised, and another who was never able to come up with the money and stayed in jail for a month.
“Because he must manage his chambers to perform the judicial tasks the voters elected him to do, Judge Cantrell has a direct and personal interest in the fiscal health of the public institution that benefits from the fees his court generates and that he also helps allocate,” Judge Gregg Costa wrote for the appeals panel. The bond fees, the opinion said, contribute between 20% and 25% of the amount spent by the court in recent years.
Last Friday, a separate 5th Circuit panel said the district court judges who hear cases and preside over trials have a conflict of interest when they are faced with deciding whether some defendants are able to pay fines and fees that partially fund their court’s expenses. That decision was in response to a lawsuit filed by criminal defendants who accused the New Orleans-based court of operating what amounted to a debtors’ prison. |
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Cyprus police frees 5 Israelis, 7 held in hotel rape probe
Legal Interview |
2019/07/28 00:26
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A Cyprus court on Friday extended the detention of seven of the 12 Israeli teenagers initially arrested as suspects in the rape of a 19-year-old British woman.
The court ordered the suspects to remain in police custody for another six days to give investigators time to finish looking into the woman’s reported rape at a hotel in the resort town of Ayia Napa.
Defense lawyer Nir Yaslovitzh says five other suspects were released from custody on Thursday and have returned to Israel.
Lawyer Yiannis Habaris told The Associated Press that police investigators confirmed that the five released Israelis had no connection with the case. Habaris represents four suspects, two of whom were among those who were released.
Habaris said investigators connected the seven remaining suspects to the case through witness statements as well as DNA evidence which link three of the seven to the alleged victim.
The Cypriot lawyer said the suspects offered investigators certain “explanations” into their whereabouts at the time of the alleged crime.
The court heard that the alleged victim was involved in a relationship with one of the seven suspects and had sexual contact with several of the remaining six over the course of a few days, Habaris said.
Habaris said investigators may decide to take the case to trial before a criminal court if any of the seven suspects aren’t released in the coming days.
Yaslovitzh, an Israeli lawyer who represents three of the 12 Israelis, alleged the release of the five damaged the accuser’s credibility because she told police a dozen individuals sexually assaulted her.
Yaslovitzh also urged Cypriot investigators to look into the woman’s actions at the hotel where the alleged crime occurred and where she was also working.
The seven suspects again covered their faces with their shirts as they entered and exited the courthouse. They face charges of rape and conspiracy to commit rape.
Yaslovitzh had said after the initial custody hearing that all 12 Israelis had come on holidays to Cyprus in three separate groups and didn’t know each other. Some had gone on vacation prior to being inducted into the Israeli army. |
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Kosovo prime minister who resigned heads to war crimes court
Legal Interview |
2019/07/22 01:16
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The former prime minister of Kosovo left Tuesday for The Hague to be questioned by a special court investigating alleged war crimes by members of the separatist Kosovo Liberation Army two decades ago.
Ramush Haradinaj resigned as prime minister a week ago so as "not to be questioned as the country's leader" by the Kosovo Specialist Chambers, which is looking into crimes against ethnic Serbs allegedly committed during and after Kosovo's 1998-99 war.
"Today, as Ramush Haradinaj, as a citizen of Kosovo, I travel to the Hague for the third time, to prove that the Freedom Soldiers of Kosovo were always aligned with justice & the righteous cause!," Haradinaj tweeted.
At the time of the war, Kosovo was a Serbian province and Haradinaj was a top commander for the Kosovo Liberation Army. A former parliamentary speaker, a presidential adviser and other former KLA commanders also are expected to be questioned this week by the special tribunal.
The court, which is part of the Kosovo judicial system despite being based in the Netherlands, started questioning former Kosovo fighters this year.
Haradinaj was prosecuted for alleged war crimes and acquitted twice before. A United Nations tribunal first cleared him of war crimes and crimes against humanity charges in 2008. The appeals chamber of the International Criminal Tribunal for the Former Yugoslavia concluded in 2010 that witnesses had been intimidated. It sent the case back for a partial retrial. Haradinaj and two other former KLA commanders were acquitted in November 2012.
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Public unions see only modest decline after court ruling
Legal Interview |
2019/07/13 19:45
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Anticipating that the U.S. Supreme Court might end mandatory union fees for public employees, some labor-friendly states enacted laws last year to protect membership rolls while unions redoubled their recruitment efforts.
Those steps appear to have paid off, at least initially.
Union membership among public employees has fallen only slightly in the nation’s most unionized states since the Supreme Court ruled a year ago that government workers no longer could be required to pay union fees, according to an analysis of federal data conducted for The Associated Press.
The decline in union membership rates has been larger in states that had previously allowed mandatory fees to be deducted from the paychecks of public school teachers, police and other government workers than in states that had not. Yet the drop has been less than what some labor leaders had feared following the high court decision, which reversed a 41-year-old legal precedent.
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