|
|
|
Mass. judge who wrote gay marriage ruling retiring
Headline Legal News |
2010/07/22 09:49
|
| pMassachusetts Chief Justice Margaret Marshall said Wednesday that while she understands her tenure on the state's high court will always be linked to the legalization of gay marriage, that case holds no greater importance in her mind than the hundreds of other rulings she authored./ppI'm proud of every decision, said Marshall, who surprised even her closest colleagues with the announcement that she planned to retire from the bench by the end of October to spend more time with her husband, former New York Times columnist Anthony Lewis, who has been diagnosed with Parkinson's disease./ppThe court's 4-3 ruling in the 2003 case called Goodrich v. Department of Public Health paved the way for Massachusetts to become the first U.S. state to allow same-sex couples to wed, igniting a fierce national debate over gay marriage that continues to this day./ppWhether and whom to marry, how to express sexual intimacy, and whether and how to establish a family — these are among the most basic of every individual's liberty and due process rights, Marshall wrote./ppThe chief justice recalled how a courtroom packed with hundreds of people quickly cleared out after the court heard arguments in the gay marriage case, leaving only a handful of people who were there for other matters./p |
|
|
|
|
|
|
Judicial Vacancies Slow the Wheels of Justice
Headline Legal News |
2010/07/12 09:58
|
| pAs the Senate prepares to vote on whether Elena Kagan should fill the vacancy on the U.S. Supreme Court, there remain a substantial number of other vacancies in the nation’s lower federal courts that urgently need filling. /ppCurrently, there are about 100 vacancies in the lower federal courts. The American Bar Association says the lack of judges is affecting the efficiency and fairness of the justice system. /ppABA President Carolyn B. Lamm said, “Our courts are already terribly strained at the federal level because of the caseload and the workload, and when you’re a hundred justices down…that’s a big gap.nbsp; We have speedy trial rules that require them to put criminal cases first.nbsp; As a result, all of the civil proceedings are put off and there is a real gap in terms of a significant delay as a result of the vacancies. It is edging toward a crisis not to have a full bench.” /ppEven if all the vacancies were filled, said Lamm, a significant number of new judgeships would still be necessary to handle caseload growth.nbsp; In fact, the Judicial Conference of the United States is recommending 67 new permanent and temporary judgeships.nbsp; /ppBeyond the existing 100 vacancies, more than 20 additional judges have announced that they will retire in the next several months. Since the start of the 111th Congress, President Obama has made 78 nominations to fill the empty seats, and the Senate has confirmed 36 of the nominees. nbsp; /ppLamm noted that most nominees have moved through the Senate with little dissent and little delay. /ppWhen they finally are scheduled for a vote by the Senate, Lamm commented, “None of them have in fact engendered huge debate on the floor of the Senate….nbsp; No one has seen a pattern of inappropriate people being nominated; it is simply very slow and it really needs a full bipartisan effort to move these nominations. And quite frankly, it is becoming urgent,” said Lamm. /p |
|
|
|
|
|
|
Chinese court sentences US geologist to 8 years
Headline Legal News |
2010/07/05 06:53
|
pAn American geologist detained and tortured by China's state security agents over an oil industry database was jailed for eight years Monday in a troubling example of China's rough justice system and the way the U.S. government handles cases against its citizens./ppBeijing's No. 1 Intermediate People's Court convicted Xue Feng of collecting intelligence and illegally providing state secrets and immediately sentenced him./ppXue's lawyer Tong Wei described the sentence as very heavy, just short of the maximum 10 years, and said he would confer with Xue over whether to appeal. Xue was also fined 200,000 yuan ($30,000)./ppThe U.S. Ambassador to China, Jon Huntsman, witnessed the sentencing in a show of high-level U.S. government concern about the case. Afterward, the U.S. Embassy released a statement saying it was dismayed and urged China to grant Xue humanitarian release and immediately deport him./ppFor Xue, the verdict comes more than six months since the last court hearing and two and a half years after he was detained — a protracted prosecution and pretrial detention that Chinese officials never explained./ppBorn in China and trained at the University of Chicago, Xue ran afoul of the authorities for arranging the sale of a detailed commercial database on China's oil industry to IHS Energy, the energy consulting firm he worked for that is now known as IHS Inc. and based in Colorado.
/p |
|
|
|
|
|
|
Calif man accused of extortion through hacking
Headline Legal News |
2010/06/24 09:00
|
| Federal agents have arrested a man accused of hacking into computers to obtain personal data to extort sexually explicit videos from women and teenage girls in exchange for keeping their information private.pThe Los Angeles U.S. attorney's office says 31-year-old Luis Mijangos was arrested Tuesday in Santa Ana./ppFBI experts say he infected more than 100 computers used by about 230 people, including at least 44 juveniles./ppThe alleged scheme involved using peer-to-peer networks to infect computers, induce victims to download malware disguised as songs, and control those computers to spread malware through contact lists./ppMijangos allegedly searched computers for sexual or intimate images to blackmail victims into making videos for him. Prosecutors say he also was able to control some webcams to capture intimate scenes./p |
|
|
|
|
|
|
High court upholds anti-terror law
Headline Legal News |
2010/06/21 09:01
|
| pThe Supreme Court has upheld a federal law that bars material support to foreign terrorist organizations, rejecting a free speech challenge from humanitarian aid groups./ppThe court ruled 6-3 Monday that the government may prohibit all forms of aid to designated terrorist groups, even if the support consists of training and advice about entirely peaceful and legal activities./ppMaterial support intended even for benign purposes can help a terrorist group in other ways, Chief Justice John Roberts said in his majority opinion./ppSuch support frees up other resources within the organization that may be put to violent ends, Roberts said./ppJustice Stephen Breyer took the unusual step of reading his dissent aloud in the courtroom. Breyer said he rejects the majority's conclusion that the Constitution permits the government to prosecute the plaintiffs criminally for providing instruction and advice about the terror groups' lawful political objectives. Justices Ruth Bader Ginsburg and Sonia Sotomayor joined the dissent./p |
|
|
|
|
|
Legal News RSS Feed
