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Texas teachers may get student criminal histories
Legal Business |
2011/06/13 20:30
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Texas is close to enacting a law that would provide teachers with detailed information about the criminal histories of their students, opening juvenile files that have always been confidential and are unavailable in most states.
The legislation, spurred by the fatal stabbing of a high school teacher in Tyler in 2009, is adding to a national debate over whether teacher safety should outweigh the rights of young offenders, who traditionally have moved through the juvenile justice system with their privacy protected.
The new disclosure rules were passed by legislators with little public attention last month. A spokeswoman for Gov. Rick Perry said the governor is thoughtfully reviewing the measure before deciding whether to sign it.
Many juvenile justice experts oppose the new disclosures, saying that they would undercut the purpose of youth corrections — allowing young people to move beyond early mistakes to lead normal lives. But many educators insist that teachers are in too much danger.
The bottom line is protecting teachers, said Rep. Jerry Madden, a Republican from the Dallas suburb of Plano, who sponsored the legislation.
Texas law already gives schools more background information on students than most states permit. The new law would significantly expand the details released, including accounts of crimes committed. |
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Pa. appeals court upholds $188M Wal-Mart verdict
Legal Business |
2011/06/10 23:52
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A $188 million class-action verdict against Wal-Mart Stores Inc. and Sam's Club over payment to employees for rest breaks and off-the-clock work was upheld Friday by a Pennsylvania appeals court.
A three-judge Superior Court panel said there was sufficient evidence at trial to conclude there had been a breach of contract, unjust enrichment and violations of state labor laws.
The judges also ruled in a 211-page opinion that the presiding Philadelphia judge erred in determining some of the plaintiffs' legal fees, and sent that part of the case back for recalculation.
The 2006 trial, which lasted 32 days, resulted in a finding that Wal-Mart did not pay employees for all the work they performed and did not let them take their paid, mandatory rest breaks, the judges wrote. The court awarded $46 million in attorneys' fees.
Wal-Mart spokesman Greg Rossiter said the retail giant believes the court decision was wrong in a number of respects and looks forward to additional review in the courts. |
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Court: Sex-offender list is not cruel punishment
Legal Business |
2011/05/29 14:14
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The Michigan appeals court has overturned a Washtenaw County judge and said a young man who committed sexual misconduct at school must be on the state's sex-offender list.
Judge Darlene O'Brien said registration in the case was cruel punishment that violated the Michigan Constitution, but the appeals court disagreed.
A man identified in court papers as T.D. was 15 in 2006 when he was accused of putting a chokehold on a girl and exposing her breast while another boy tugged on her belt. T.D. was placed in a youth home and completed therapy.
AdvertisementHe was required to register when he turned 18. The appeals court says it's not punishment but a way to inform the public even if the risk of another offense is low. |
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Ruling favors suspected Calif. gang members
Legal Business |
2011/05/11 09:20
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div class=entrydiv class=articleAuthorities in California's Orange County violated the constitutional rights of dozens of suspected gang members when they enforced a gang injunction without giving them a chance to defend themselves in court, a federal judge ruled on Tuesday.
U.S. District Court Judge Valerie Baker Fairbank's ruling favors those who challenged a temporary gang injunction issued in February 2009, notifying suspected members of the Orange Varrio Cypress gang that they will be barred from associating in public, wearing gang clothing or being out late at night within a roughly 4-square-mile area of Orange.
The American Civil Liberties Union of Southern California sued, arguing that when some 60 people challenged their inclusion in the temporary injunction prosecutors removed their names. Those people were nonetheless named in the permanent injunction.
Fairbank ruled that the action violated those people's rights to defend against allegations that they have gang affiliations. She ordered police and prosecutors not to enforce the injunction against them.
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Ex-Georgia bank exec to be sentenced for fraud
Legal Business |
2011/05/11 09:20
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div class=entrydiv class=articleA former Georgia bank executive who pleaded guilty to using customers and family members in a multimillion-dollar fraud conspiracy that led to his bank's downfall is scheduled to be sentenced to prison.
Randy Jones could face at least 12 years in prison on Wednesday when he is sentenced in federal court. Three others who have pleaded guilty to conspiring with Jones are also set to be sentenced.
Jones, 50, pleaded guilty in January to receiving kickbacks for real estate loans while he was an executive vice president at Community Bank amp; Trust, the failed Cornelia-based bank where he worked for 30 years.
The hearing started Tuesday but attorneys spent the day in court arguing over how much restitution Jones should pay and how much time he could face behind bars.
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