|
|
|
‘The Supreme Court Is Not Well. And the People Know It.’
Topics |
2019/09/02 14:32
|
The Supreme Court as we once knew it?as a national institution that could at least sometimes stand apart from partisanship?died last year. The ongoing fight over its corpse spilled into public view last week.
On Thursday, 53 United States senators?every member of the Republican caucus?wrote a “letter” to the clerk of the Supreme Court assuring the justices that the Republican Party has their back. The Democrats, the senators told the Court, pose “a direct, immediate threat to the independence of the judiciary.”
The spat is about guns. The Court has granted review in a Second Amendment case entitled New York State Rifle & Pistol Association Inc. v. City of New York, New York, which (nominally) tests an obscure New York City ordinance governing how firearms owners could?note the past tense?travel with their weapons.
Under city law as it was when the case began, New Yorkers with a “premises” license had to keep their guns in their homes at all times, except when being taken to a licensed target-shooting facility for practice and training. But those facilities had to be in New York City itself. “Premises” licensees could not put their guns in their trunk and drive out of town for any reason?not to go to a gun range, not to compete in a shooting match, not to take the guns to a second home. |
|
|
|
|
|
|
Brazil court overrules Rio mayor on gay kiss book ban
Headline News |
2019/09/01 14:34
|
A Brazilian Supreme Court justice has blocked efforts by Rio de Janeiro's conservative mayor to have a book fair remove a comic book showing two men kissing.
Mayor Marcelo Crivella had ordered the Bienale to remove the "Avengers" comic that included the kiss, saying he was acting to protect children against "sexual content."
That set off a legal battle as federal Attorney General Raquel Dodge challenged the move by Crivella, a former evangelical pastor. She said allowing the mayor to remove books goes against freedom of expression and the free exchange of ideas.
A lower court sided with Crivella. But chief justice Jose Dias Toffoli ruled in favor of Dodge on Sunday, blocking the mayor from removing any books. Crivella's office said he will appeal to the full court. |
|
|
|
|
|
|
Activist loses UK court case on police facial recognition
Law Center |
2019/08/30 14:36
|
A British court ruled Wednesday that a police force's use of automated facial recognition technology is lawful, dealing a blow to an activist concerned about its implications for privacy.
Existing laws adequately cover the South Wales police force's deployment of the technology in a trial, two judges said , in what's believed to be the world's first legal case on how a law enforcement agency uses the new technology.
The decision comes amid a broader global debate about the rising use of facial recognition technology. Recent advances in artificial intelligence make it easier for police to automatically scan faces and instantly match them to "watchlists" of suspects, missing people and persons of interest, but it also raises concerns about mass surveillance.
"The algorithms of the law must keep pace with new and emerging technologies," Judges Charles Haddon-Cave and Jonathan Swift said.
Ed Bridges, a Cardiff resident and human rights campaigner who filed the judicial review, said South Wales police scanned his face twice as it tested the technology - once while he was Christmas shopping in 2017 and again when he was at a peaceful protest against a defense expo in 2018.
"This sinister technology undermines our privacy and I will continue to fight against its unlawful use to ensure our rights are protected and we are free from disproportionate government surveillance," he said in a statement released by Liberty, a rights group that worked on his case.
His legal team argued that he suffered "distress" and his privacy and data protection rights were violated when South Wales police processed an image taken of him in public.
But the judges said that the police force's use of the technology was in line with British human rights and data privacy legislation. They said that all images and biometric data of anyone who wasn't a match on the "watchlist" of suspects was deleted immediately. |
|
|
|
|
|
|
Louisiana high court rejects ‘NOLA No-Call’ suit against NFL
Law Center |
2019/08/20 14:33
|
against the Los Angeles Rams in a January playoff game was dismissed Friday by the Louisiana Supreme Court.
The ruling appeared to be a death blow to the last remaining lawsuit over what’s come to be known as the “NOLA No-Call.” It also means that, barring a reversal, Commissioner Roger Goodell and game officials will not have to be questioned under oath in New Orleans, as a lower court had previously ordered.
There were no dissents among the seven court members in the reversal of the lower court’s ruling.
Attorney Antonio LeMon had sued, alleging fraud and seeking damages over game officials’ failure to flag a blatant penalty: a Rams player’s helmet-to-helmet hit on a Saints receiver with a pass on the way. The lack of a penalty call for pass interference or roughness helped the Rams beat the Saints and advance to the Super Bowl.
LeMon was reviewing the decision Friday afternoon and was expected to comment later on whether he might seek a rehearing.
|
|
|
|
|
|
|
Supreme Court rebuffs Alabama officer charged with murder
Law Center |
2019/08/11 18:38
|
The Alabama Supreme Court refused Friday to intervene on behalf of a Huntsville police officer charged with murder in a 2018 shooting, sending the case back to circuit court for a potential trial.
The justices turned away an appeal by officer William “Ben” Darby in a brief ruling without explanation.
Darby was on duty when he shot and killed Jeffrey Parker, 49, on April 3, 2018. Darby contended he was acting in self-defense and shouldn’t be prosecuted, but the court refused to overturn a lower court’s refusal.
The decision means the case against Darby can continue in Madison County.
Parker called authorities threatening to kill himself with a gun, police said. Darby was one of three officers who responded and shot Parker when the man wouldn’t drop his weapon, authorities said.
An internal police review board cleared Darby of wrongdoing, but grand jurors later indicted him.
|
|
|
|
|
|
|
Appeal in John Steinbeck lawsuit heard in court
Headline News |
2019/08/11 18:37
|
Both sides had another day in court Tuesday in a family battle that has been waged for decades over who controls the works of iconic author John Steinbeck.
A three-judge panel of the Ninth U.S. Circuit Court of Appeals heard arguments to an appeal by the estate of Steinbeck’s late son, Thomas Steinbeck. The panel was in Anchorage to hear various cases.
Thomas Steinbeck’s estate is contesting a 2017 federal jury verdict in California that awarded more than $13 million to the author’s stepdaughter, Waverly Scott Kaffaga, whose mother was John Steinbeck’s third wife. The lawsuit said Thomas Steinbeck and his wife, Gail Steinbeck, impeded film adaptations of the classic works. A judge earlier ruled in the same case that the couple breached an agreement between Kaffaga’s late mother and Thomas Steinbeck and his late brother, John Steinbeck IV.
Neither Gail Steinbeck nor Waverly Kaffaga attended Tuesday’s proceeding.
Attorney Matthew Dowd, representing the Thomas Steinbeck estate, told the circuit judges the appeal contends the 1983 agreement was in violation of a 1976 change to copyright law that gave artists or their blood relatives the right to terminate copyright deals. The appeal also disputes the award handed up by the jury, maintaining it was not supported by substantial evidence of Gail Steinbeck’s ability to pay.
Kaffaga’s attorney, Susan Kohlmann, told the circuit judges multiple courts, including an earlier Ninth Circuit decision, have already upheld the agreement as binding and valid, and deemed it enforceable. She called the contract argument a “complete red herring.”
Dowd disagreed. He said previous decisions on the agreement didn’t completely deal with the particular issue involving the 1976 statute. He said Gail Steinbeck was not allowed to fully address the issue in court. |
|
|
|
|
|
Legal News RSS Feed
