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Mexico's Supreme Court overturns state anti-corruption laws
Legal Career News |
2016/09/06 23:56
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Mexico's Supreme Court has ruled unconstitutional two state anti-corruption laws that outgoing governors passed in apparent attempts to shield themselves from investigation.
Many Mexicans were outraged when the governors of the states of Veracruz and Chihuahua pushed through the laws just months before they are to leave office giving them the power to name anti-corruption prosecutors.
The federal Attorney General's Office appealed the laws, arguing they violated new federal anti-corruption standards. It said the appeals were meant to show "there is no room for tailor-made local laws."
On Monday, the Supreme court agreed, saying neither law could stand.
There have been allegations of corruption in both Veracruz and Chihuahua, and many feared the now struck-down laws would have allowed the governors to control who would investigate them.
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Appeals court rules Mississippi can resume Google inquiry
Legal Career News |
2016/04/12 01:40
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Mississippi's attorney general can resume an investigation into whether Google facilitates illegal behavior, an appeals court ruled.
The 5th U.S. Circuit Court of Appeals on Friday overturned a district judge who had sided with Google. U.S. District Judge Henry T. Wingate ruled last year that the unit of Alphabet Inc. didn't have to answer a subpoena by Mississippi Attorney General Jim Hood.
Hood began complaining in 2012 that Google wasn't doing enough to prevent people from breaking the law. In October 2014, he sent a 79-page subpoena demanding Google produce information about a wide range of subjects, including whether Google helps criminals by allowing its search engine to lead to pirated music, having its autocomplete function suggest illegal activities and sharing YouTube ad revenue with the makers of videos promoting illegal drug sales. Instead of complying, Google sued.
The appeals court also dissolved the lower judge's injunction that had barred Hood from bringing any civil or criminal lawsuits against the Mountain View, California-based company, saying that a mere subpoena wasn't enough to rule that Hood was acting in bad faith.
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Court gives green light to death penalty fast-tracking
Legal Career News |
2016/03/24 09:38
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A federal appeals court Wednesday cleared the way for the Department of Justice to allow states to have their inmates' death penalty appeals expedited through federal court.
Legal organizations that challenged the DOJ's criteria for certifying states for the fast-track program lacked standing to bring the lawsuit, the 9th U.S. Circuit Court of Appeals said. The court also noted that the DOJ had not yet granted any certifications, and those certifications would be reviewed by a separate appeals court.
The decision threw out a lower court ruling that blocked the certification process.
The fast-track program would require inmates to file petitions in federal court within six months of a final ruling on their appeal in state court. They normally have a year. It would also require federal courts to act faster on the inmates' petitions.
At least one state, Arizona, has asked the DOJ to certify it for the fast-track program.
Opponents say it would force attorneys representing death penalty inmates to scramble to file appeals, possibly leading some cases to be neglected. Supporters say the program could take years off the death penalty appeals process, giving crime victims faster justice.
"This decision is important not only for the families of murder victims, but also for everyone in the United States who depends upon the rule of law and relies upon the courts to follow it," Kent Scheidegger, legal director of the Criminal Justice Legal Foundation, said in a statement. The Sacramento-based nonprofit organization advocates for swift punishment for guilty defendants and filed arguments in the case.
Marc Shapiro, an attorney for the legal organizations that sued — the San Francisco-based Habeas Corpus Resource Center and the Office of the Federal Public Defender in Arizona — said he will ask a larger 9th Circuit panel to review the ruling.
"We're living in a time where our system of capital punishment is being exposed for its critical flaws," he said. "There's a heightened need for assuring we're not sending innocent or otherwise undeserving people to the execution chamber."
To qualify for the fast-track program, a state has to require a court to appoint an attorney to represent an indigent capital inmate unless the inmate rejects the attorney or is not indigent, according to the 9th Circuit's ruling. Regulations finalized by the DOJ in 2013 set benchmarks for attorney competency. |
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Supreme Court will hear Samsung-Apple patent dispute
Legal Career News |
2016/03/20 16:26
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The Supreme Court has agreed to referee a pricy patent dispute between Samsung and Apple.
The justices said Monday they will review a $399 million judgment against South Korea-based Samsung for illegally copying patented aspects of the look of Apple's iPhone.
Apple, based in Cupertino, California, and Samsung are the top two manufacturers of increasingly ubiquitous smartphones.
The two companies have been embroiled in patent fights for years.
The justices will decide whether a court can order Samsung to pay Apple every penny it made from the phones at issue, even though the disputed features are a tiny part of the product.
The federal appeals court in Washington that hears patent cases ruled for Apple.
None of the earlier-generation Galaxy and other Samsung phones involved in the lawsuit remains on the market, Samsung said.
The case involved common smartphone features for which Apple holds patents: the flat screen, the rectangular shape with rounded corners, a rim and a screen of icons.
The case, Samsung v. Apple, 15-777, will be argued in the court's new term that begins in October. |
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RNC launches campaign to oppose Obama's Supreme Court pick
Legal Career News |
2016/03/14 16:25
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The Republican Party is launching a campaign to try to derail President Barack Obama's nominee to the Supreme Court, teaming up with a conservative opposition research group to target vulnerable Democrats and impugn whomever Obama picks.
A task force housed within the Republican National Committee will orchestrate attack ads, petitions and media outreach to bolster a strategy that Senate Republicans adopted as soon as Justice Antonin Scalia died last month: refusing to consider an Obama nominee out of hopes that the next president will be a Republican.
The RNC will contract with America Rising Squared, an outside group targeting Democrats that's run by a longtime aide to GOP Sen. John McCain. GOP chairman Reince Priebus said it would be the most comprehensive judicial response effort in the party's history.
Priebus said the RNC would "make sure Democrats have to answer to the American people for why they don't want voters to have a say in this process."
Obama is expected to announce his pick as early as this week, touching off a heated election-year battle as Obama and Democrats try to pressure Republicans into relenting and allowing hearings and a vote. Advocacy groups on both sides are primed to unleash an onslaught of activity aimed at rallying public support, and a number of former top Obama advisers have been drafted to run the Democratic effort.
RNC officials said that in addition to scouring the nominee's history for anything that can be used against him or her, the party will also work to portray Democrats as hypocritical, dredging up comments that Vice President Joe Biden and other Democrats made in previous years suggesting presidents shouldn't ram through nominees to the high court in the midst of an election.
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