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Law Firm Sponsors Contest To Combat Underage Drinking
Legal Focuses | 2008/03/07 02:02
pThe McDivitt Law Firm and My PSA Contest are asking high school students to create unique and compelling public service announcements that encourage fellow teens to abstain from the dangers of underage drinking and driving./ppAlcohol related crashes are the second leading cause of teen death and children who begin drinking by age 13 have a 38 percent higher risk of developing alcohol dependence later in life./ppMcDivitt Law Firm hopes that, through this PSA contest, the messages created by teens specifically for their peers might prove to be one method for helping to prevent the tragedy and devastation, which are too often the result when teenagers drink and drive./ppThe contest is open to high school students in Colorado Springs, Pueblo and surrounding areas. Students are being asked to produce 28 to 29 second video PSA's. The PSA's will be judged on students' abilities to analyze and discuss the topic and produce a quality video. The winner will receive a laptop computer and the school the student attends will receive a monetary donation. The winning PSA will also be aired on TV./p


Bush: 'US Must Not Let Down Its Guard'
Topics | 2008/03/07 01:00
President Bush said Thursday that while it's been more than six years since the Sept. 11 attacks, the United States must not become complacent about terrorism.pIn a speech marking the fifth anniversary of the creation of the Department of Homeland Security, Bush said U.S. officials have helped foil numerous planned attacks, including a plot to fly an airplane into the tallest building on the West Coast and another to blow up trans-Atlantic passenger jets./ppThe enemy remains active — deadly in its intent — and in the face of this danger, the United States must never let down its guard, Bush said./ppBush continued to pressure the House to act on Senate-passed legislation needed to renew an intelligence law that governs how the government can eavesdrop on suspected terrorists. The law expired Feb. 16 and the House and Senate have yet to reconcile different versions of a new intelligence bill./p


US lawmaker fears open-ended US military pact in Iraq
Headline News | 2008/03/06 12:48
pA top lawmaker voiced fears Tuesday that US President George Bush's administration was negotiating deals with Iraq that would amount to an open-ended commitment to stage US combat missions there./ppAdministration officials say formal US-Iraqi negotiations will begin later this month on a legal framework aimed at keeping security policy options open for both countries beyond 2008, when the UN mandate for US forces ends./ppDavid Satterfield, the State Department's coordinator for Iraq, told a joint meeting of two congressional subcommittees Tuesday that the agreements will not tie the hands of the next president or indeed this president./ppThey will ensure that every policy option remains on the table, Satterfield told the lawmaking panels. The size of the US presence in Iraq, the missions to be performed by such forces if forces are present, are decisions for the president and the next president to make, he added.

The so-called Strategic Framework and the Status of Forces Agreement (SOFA), he insisted, will not include a binding commitment to defend Iraq or any other security commitments that would warrant Senate advice and consent./p


Court of Appeals weighs scope of extortion law
Court Watch | 2008/03/06 11:26
pA lawyer for the state came under sharp attack from several Court of Appeals judges when he urged them to reinstate the extortion conviction of a man who sent expletive-laden letters to a former boss and his attorney, threatening to sue them unless they paid him $100,000. /ppAssistant Attorney General Brian S. Kleinbord said Scott L. Rendelman’s letters constituted extortion because the grounds for his threatened lawsuit were “baseless” and the written messages were a “threat to obtain something of value to which [he] is not otherwise entitled.” /ppA Montgomery County jury had convicted Rendelman of trying to extort money from William Elmhirst and attorney Kevin P. Fay, but the Court of Special Appeals threw out the conviction, saying that a threat to sue, unlike a threat of bodily harm, is not evidence of extortion. /ppThree of the seven judges hearing the matter on Thursday — retired Judges Alan M. Wilner, Lawrence F. Rodowsky and Dale R. Cathell — echoed that reasoning.

Click to download the Webcast of the State of Maryland v. Scott L. Rendelman /ppExtending the crime of extortion to include threats of litigation might discourage individuals and their lawyers from validly informing an opponent that they might file suit, lest they find themselves in criminal court, the judges said. /ppBy contrast, all seven were largely silent as Rendelman’s lawyer, Karen C. Daly of Washington, said prosecutors go too far when they charge with extortion a person proclaiming his or her legal right to sue – even if vulgarly expressed. /p


Judge Wants to Resolve Indian Lands Case
Topics | 2008/03/06 09:59
A federal judge says he wants to resolve a 12-year lawsuit over government mismanagement of Indian lands this June.pIn a decision last month, U.S. District Judge James Robertson said government accounting for billions of dollars owed to Indian landholders has been unreasonably delayed and is ultimately impossible./ppAt the same time, Robertson said the task is not hopeless, and he asked lawyers for both sides to lay out their cases again at a status hearing on Wednesday./ppThe June trial is meant to bring this matter to a conclusion, Robertson said./ppThe suit, first filed in 1996 by Blackfeet Indian Elouise Cobell, claims the government has mismanaged more than $100 billion in royalties held in trust from Indian lands dating back to 1887./p


Team New Zealand take Swiss champions to court
Headline News | 2008/03/06 08:58
The New Zealand syndicate for the next America's Cup race said Thursday it is seeking tens of millions of euros in compensation from Swiss champions Alinghi over the event's postponement.pTeam New Zealand said it had filed a case with a New York court claiming damages for breach of contract arising from an agreement covering its entry for the 33rd edition of yachting's showpiece event./ppThe agreement included an understanding entered into by (Alinghi boss) Ernesto Bertarelli that the America's Cup would go ahead in 2009, it said in a statement./ppIt's now probable we might not see a normal regatta until 2011, Team New Zealand's managing director Grant Dalton said in the statement./ppThe statement did not indicate the amount of damages it was seeking. But Dalton told AFP in a telephone interview from New York that it would be tens of millions of euros./ppWe have a duty to protect the investment in the team over many years by a wide range of loyal supporters, Dalton said./ppWe also have an obligation to honour the trust shown by the hundreds of thousands of New Zealanders who have supported the team through the years./ppAlinghi retained the America's Cup by beating Team New Zealand in a hugely successful event in the Spanish port of Valencia in July./ppBut the 33rd edition of the race was indefinitely postponed because of a legal dispute between Alinghi and US syndicate Oracle over the rules./ppTeam New Zealand said it has also filed a second case in a Federal Court under US anti-trust laws./ppThat suit claims Alinghi has acted to stifle competition for the Cup and for the right that goes with it of conducting future events by accepting the Spanish syndicate Desafio as its challenger of record, thereby enabling it to impose rules for the next event that were competely one-sided./ppOracle last July filed a lawsuit in the US against Alinghi's decision to name Desafio as its official challenger of record, which gave it the right to negotiate the format of the America's Cup with the Swiss syndicate./ppIn November, a New York court ruled in favour of Oracle and said the US team should be Alinghi's challenger of record./ppBertarelli had the chance to accept a reasonable proposal from Oracle, which was also signed by the majority of the challengers, and which would have allowed the America's Cup to be held in 2009, Dalton said. He would not do so./ppAlinghi said it was disappointed by the action by Team New Zealand, given their previous public acceptance and commitment to the competition./ppThese actions are totally without merit, wildly miss the target and will be defended rigorously, Lucien Masmejan, Alinghi's legal counsel, said in a statement./ppWe share the sailing community's frustration in the delays affecting the America's Cup but Alinghi, as trustee, is duty bound to defend its position in the current legal action and to preserve the integrity of the America's Cup./ppThe format of the 33rd America's Cup challenge is still subject to an imminent ruling by the New York court, with a multihull duel between Alinghi and Oracle seen as the most likely outcome, rather than a regatta involving several teams./ppThe two teams have begun training in catamarans in Valencia in preparation for such an event./ppThe delay in staging the next America's Cup is harming every challenging syndicate as they have to stretch budgets for a two-year campaign over three or perhaps four years, Dalton said./p


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