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Singapore rules Journal in contempt of court
Topics |
2008/11/23 18:48
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| Singapore's High Court ruled the Wall Street Journal Asia in contempt of court for publishing two editorials and a letter to the editor that the government says damaged the reputation of the country's judicial system.pThe court also fined the newspaper 25,000 Singapore dollars ($16,400)./ppJustice Tay Yong Kwang ruled Tuesday against the newspaper and two of its editors, three weeks after Attorney General Walter Woon argued the editorials published in June and July questioned the judiciary's independence from Prime Minister Lee Hsien Loong and the ruling People's Action Party. Not meting out punishment in this case would undermine the country's rule of law, the court said./ppThe letter to the editor was written by Chee Soon Juan, head of the opposition Singapore Democratic Party./ppThe editorials and the letter contained insinuations of bias, lack of impartiality and lack of independence and implied that the judiciary is subservient to Mr. Lee and/or the PAP and is a tool for silencing political dissent, Tay wrote in the ruling./ppThere can be no doubt that allegations of the nature mentioned above would immediately cast doubts on the judiciary in Singapore and undermine public confidence./ppThe newspaper's lawyer, Philip Jeyaretnam, was not immediately available for comment. The Wall Street Journal is published by Dow Jones amp; Co., a part of News Corp./ppSingapore's leaders have sued journalists and political opponents several times in past years for alleged defamation. They have won lawsuits and damages against Bloomberg, the Economist and the International Herald Tribune./ppHuman Rights Watch called on Singapore last month to stop using defamation lawsuits to stifle criticism and bankrupt opposition politicians, citing the High Court's decision in October to order Chee and his party to pay $416,000 to Lee and his father, Lee Kuan Yew, in damages stemming from a 2006 defamation case./ppGovernment leaders justify suing political opponents, saying it is necessary to defend their personal and professional reputations since it bears on their ability to govern properly and command respect from Singaporeans. /p |
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Protesters rally near Texas court in dragging case
Politics |
2008/11/18 18:51
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| Protesters galvanized by a dragging death that has stirred memories of the notorious James Byrd case rallied twice outside an eastern Texas courthouse to speak out against a judicial system they consider racist.pAbout 60 people, led by a contingent from the New Black Panther Party and the Nation of Islam, met at the Lamar County Courthouse on Monday to bring attention to the death of Brandon McClelland. The groups later returned with about 200 protesters. Afterward, dozens of people chanting No justice, no peace! marched to a nearby church for a meeting./ppAuthorities say two white suspects purposely ran over McClelland, who is black, following an argument on the way home from a late-night beer run in September. McClelland's body was torn apart as it was dragged some 70 feet beneath a pickup truck near Paris, a city about 95 miles northeast of Dallas with a history of tense relations between blacks and whites./ppThe death came 10 years after James Byrd was killed in Jasper, another eastern Texas town. Byrd was chained to the back of a pickup by three white men and dragged for three miles./ppHow do we get justice for Brandon McClelland? cried Anthony Bond, founder of the Irving chapter of the National Association for the Advancement of Colored People./p |
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Paralyzed Calif. man loses high court appeal
Court Watch |
2008/11/17 18:50
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| A paralyzed man who has sued hundreds of businesses over accommodations for the disabled lost his Supreme Court appeal Monday to get out from under a court order requiring special permission to file new lawsuits.pJarek Molski has been labeled a vexatious litigant by federal courts in California because he has filed roughly 400 lawsuits alleging that restaurants and other businesses are in violation of the federal Americans with Disabilities Act. Molski is paralyzed from the chest down and uses a wheelchair./ppThe justices rejected his case without comment./ppMolski frequently complains about the lack of handicapped van parking, counters that are too high, narrow doorways and grab-bars installed too high or low in bathrooms. In addition, he often says he was injured in the course of his visit. Targeted business owners often have settled out of court rather than pay attorneys and take the time to fight the lawsuits./ppA federal judge in Los Angeles described the lawsuits as extortion. The San Francisco-based 9th U.S. Circuit Court of Appeals upheld the ruling that Molski was an abusive litigant, although it noted that many of the establishments he sued probably were violating federal law./ppOn the other hand, the district court had ample basis to conclude that Molski trumped up his claims of injury, the appeals court said./ppThe case is Molski v. Evergreen Dynasty Corp., 08-38. /p |
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Herrick K. Lidstone to teach at the University of Colorado Law School
Firm News/Colorado |
2008/11/17 13:48
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| During the spring of 2009, Herrick K. Lidstone, Jr., will be teaching a course at his alma mater, the University of Colorado Law School, Boulder, Colorado as an adjunct professor. This course is intended for third year law students and is concerned with the various federal statutes regulating the issuance of securities and the cases and regulations that have arisen out of those statutes, with an emphasis on statutory interpretation. Mr. Lidstone will be using his book, Securities Law Deskbook with additional course materials. The 2009 supplement for the Securities Law Deskbook is in production. |
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High court to rule when judges must bow out
Topics |
2008/11/13 18:51
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| The Supreme Court stepped into a sensitive dispute Friday over a state judge's decision to participate in a case that involved a key campaign supporter.pThe justices typically avoid cases about judicial ethics, but they agreed to review the actions of a West Virginia Supreme Court justice whose vote overturned a $50 million verdict against a company that is run by the most generous backer of his election./ppThe high court's decision comes amid growing concern over the role of money in electing state judges. Campaign spending on state supreme court elections rose by 25 percent to nearly $20 million from 2006 to 2008, a national justice reform group said./ppDon Blankenship, the chief executive of Massey Energy Co., spent more than $3 million to help elect Justice Brent Benjamin to the West Virginia high court. Benjamin twice was part of 3-2 majorities that threw out a verdict in favor of Harman Mining Co. in its coal contract dispute with Massey./ppHarman said Benjamin's participation in the case created an appearance of bias strong enough to violate its constitutional rights./ppThe American Bar Assocation and other legal ethics groups have taken Harman's side./ppIn earlier cases, the Supreme Court has said that judges must avoid even the appearance of bias./ppBenjamin repeatedly rejected calls to recuse himself from the case when it was before the state high court. He has since said that he fairly judged the dispute./ppBenjamin issued a lengthy defense of his actions, pointing out that he had no financial interest in the outcome of the case and the campaign money went to an independent group, not his campaign. He had no comment Friday after the court accepted the case for review./ppMassey vice president and general counsel Shane Harvey said, We are confident that the Harman case was properly decided by the West Virginia Supreme Court./ppDavid Fawcett, a Pittsburgh attorney who represents Harman and its founder, Hugh Caperton, said, The question at issue here is central to the future of our court system. Former Solicitor General Theodore Olson will argue the case for Caperton at the Supreme Court, probably in March or April./ppRetired Supreme Court Justice Sandra Day O'Connor has not commented on the West Virginia dispute, but she has bemoaned the role of money in state judicial elections./ppThere is too much special interest money and influence in state court elections, O'Connor said recently. It endangers the public's faith in the justice system. If courts are going to stay impartial, leaders in every state need to get moving on reforms./ppFormer Colorado Supreme Court Justice Rebecca Love Kourlis, an advocate for ending partisan election of judges, said the case may get people to pay attention to the problems partisan fundraising creates. Kourlis is executive director of the Institute for the Advancement of the American Legal System at the University of Denver, which provided the figures on spending in judicial elections./ppThe Supreme Court case stems from a jury verdict in 2002 that concluded Richmond, Va.-based Massey hijacked a coal supply contract from Harman, plunging both it and Caperton into bankruptcy./ppMassey contended Harman filed for bankruptcy because of mounting losses at a mining facility and other problems that had nothing to do with Massey./ppThe case is Caperton v. Massey, 08-22. /p |
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Voters' word may not be last in Minn. Senate race
Headline News |
2008/11/06 14:07
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| One Senate candidate says the voters have spoken. The other says the electorate still needs to be heard.pIn the end, experts say, it could be the courts or even the Senate that speaks the loudest on Minnesota's unsettled Senate race./ppWhile the race is headed for an automatic recount, Republican Sen. Norm Coleman and Democratic challenger Al Franken have other options to alter the outcome./ppThe recount is due to start once results are made official Nov. 18, and it could take weeks. Coleman clung to a 342-vote lead, out of nearly 2.9 million votes cast, as election officials around the state double-checked their reports./ppAfter a recount, the candidates or any eligible voter can head to court to challenge how the election was conducted or the votes were tallied. The Minnesota law spelling out the contest raises the possibility of Senate involvement./ppI don't think there is any possibility it will be simply a recount, said Hamline University law professor Joseph Daly. It is destined for the courthouse and ultimately it is destined for the United States Senate based on this law. There's too much at stake. There's too much vitriol./ppMinnesota's race is one of three up in the air nationwide. Races in Georgia and Alaska are also unresolved. All three involve Republican incumbents in a year that has seen Democrats gain five seats already./ppFranken went on Minnesota Public Radio to explain why he won't waive the recount, as Coleman said he would do if he was in the same position./ppThis is the closest race in Minnesota history, the closest Senate race and the closest race anywhere in the country. This is just part of the process to make sure every vote is counted, Franken said, adding, Candidates don't get to decide when an election's over — voters do./ppColeman laid low Thursday./ppIn percentage terms, Minnesota's race will go down as the closest Senate election prior to a recount. In 1974, a New Hampshire race came down to 355 votes out of 200,000 cast./ppThe loser in that race, the Democratic candidate, overtook the Election Day victor by 10 votes in a recount. But more maneuvering and court challenges overturned that result, and the state's Republican governor awarded the election certificate to his party's nominee./ppThe case ultimately wound up before the Senate, where Democrats held a large majority. But a standoff dragged on until August, when the Senate voted to declare the seat open. A special election was held the next month, and record-breaking turnout helped Democrat John Durkin prevail./p |
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