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Denver appeals court weighs military impostor law
Headline News |
2011/05/12 08:41
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| p A federal appeals court in Denver was hearing arguments Thursday on whether Congress can make it illegal to falsely claim to be a military hero./ppAt issue is the Stolen Valor Act, which makes it a crime punishable by up to a year in jail to falsely claim to have been awarded a military medal./ppThe case before the 10th U.S. Circuit Court of Appeals centers on Rick Strandlof, a Colorado man who was arrested after claiming he was wounded in Iraq as a Marine and had received military medals. His lawyers have acknowledged the claims were false./ppA federal judge ruled the law violated the First Amendment. Prosecutors asked the 10th Circuit to uphold the law, which has also been challenged in California./ppThe law makes it a crime punishable by up to a year in jail to falsely claim to have received a medal from the U.S. military./ppSome legal scholars have said they expect the law to eventually land before the U.S. Supreme Court./ppIn the Colorado case, Strandlof, who founded a veterans group in Colorado Springs, was charged in 2009 with violating the law by claiming to be an ex-Marine who was wounded in Iraq and received the Purple Heart and Silver Star. The military said it had no record that he ever served./ppA federal judge threw out the case in July, ruling the U.S. government had not shown any compelling reason to restrict that particular type of speech./ppThe judge also ruled that lying about getting a military medal doesn't fall into any of the limited exceptions to free speech that the Supreme Court has recognized, including fraud./ppThe law doesn't require a showing that an alleged impostor got financial benefits or caused financial harm for a conviction./ppIn the California case, Xavier Alvarez, a water board official from Pomona, was indicted in 2007 after saying at a public forum that he was a retired Marine who received the Medal of Honor, the nation's highest military decoration./ppHe pleaded guilty on condition that he would be allowed to appeal on First Amendment grounds. A three-judge panel of the 9th Circuit ruled 2-1 in his favor in August./p |
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Court in Va. to hear US health care law challenges
Topics |
2011/05/10 08:18
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div class=entrydiv class=articlePresident Barack Obama's health care overhaul will get its first oral arguments in federal appeals court Tuesday when a three-judge panel hears two Virginia cases — one that upheld the law and another that struck down its key provision.
Nine lawsuits challenging the law are pending on appeal, but the Virginia cases before the 4th U.S. Circuit Court of Appeals are the first to reach the oral argument stage. Thirteen cases have been dismissed with no appeal filed, and nine are pending in district courts, according to federal officials.
In the most prominent of the two Virginia cases, U.S. District Judge Henry E. Hudson struck down the health care law's key provision: a requirement that individuals buy health insurance or pay a penalty starting in 2014. Thirty-one lawsuits challenging the law have been filed nationally, and Hudson — a 2002 appointee of President George W. Bush — was the first judge to strike down any of its provisions. Hudson left the rest of the law intact.
An individual's personal decision to purchase — or decline to purchase — health insurance from a private provider is beyond the historical reach of the Commerce Clause, Hudson wrote in the Dec. 13 opinion, which the U.S. Justice Department promptly appealed.
U.S. District Judge Norman K. Moon in Lynchburg reached the opposite conclusion in a lawsuit filed by Liberty University, the conservative Christian school founded by the Rev. Jerry Falwell. Two weeks before Hudson's ruling, the 1997 appointee of President Bill Clinton ruled that the mandate is a proper exercise of congressional authority under the Commerce Clause.
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Pa. lawmaker faces hearing on gun-related charge
Topics |
2011/05/10 08:18
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div class=entrydiv class=articlepA Berks County judge says a Pennsylvania state senator who allegedly displayed a handgun while driving on Interstate 78 is guilty of a summary charge of disorderly conduct./ppDistrict Andrea Book convicted Sen. Bob Mensch after a hearing that lasted more than two hours./ppMensch faces a maximum $300 fine and 90 days in jail, but the prosecutor says he will not recommend jail time./ppMensch, a Montgomery County Republican, denied displaying any weapon even though state troopers who stopped him after the March 9 incident found two handguns in his vehicle. Mensch, who has a permit to carry the weapons, said the other motorist was harassing him/ppThe other motorist, Brian Salisbury of Easton, called 911 after he says Mensch displayed the gun in the palm of his hand./p/div
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Speaker Boehner: Tax hikes are 'off the table'
Headline News |
2011/05/10 08:17
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div class=entrydiv class=articlepHouse Speaker John Boehner is insisting tax increases are off the table in negotiations with the Obama administration and congressional Democrats on extending the federal debt limit./ppThe Ohio Republican tells NBC's Today show everything else is on the table. Boehnernbsp; appeared a day after telling the Economic Club of New York he wants trillions of dollars in spending cuts as part of legislation allowing the government to continue borrowing beyond the current $14.3 trillion cap./ppBoehner says he doesn't think Congress can take money from some who would invest in our economy and hand it over to the government. He said, You can't raise taxes./ppBoehner said mandatory spending programs like Medicare and Social Security must be addressed because now they're unaffordable for our kids and our grandkids./p/div
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Delaware pediatrician waives right to jury trial
Court Watch |
2011/05/09 09:02
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A judge, not a jury, will decide the fate of a former Delaware pediatrician charged with sexually assaulting scores of young patients over more than a decade.
At a hearing Monday, a judge granted Earl Bradley's request to waive his right to a jury trial.
The judge also indicated that because selecting a jury untainted by media reports is no longer an issue, Bradley's trial may be moved from Wilmington back to Sussex County, where he is alleged to have committed his crimes.
Also, since defense attorneys do not intend to argue that Bradley is guilty but mentally ill, the judge said a psychiatric evaluation of Bradley that he had previously ordered is no longer necessary. |
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Thompson Hine Again Ranked in Top 100 for Diversity, Women
Legal Focuses |
2011/05/09 09:02
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Thompson Hine LLP has again earned national recognition for its leadership in promoting diversity and inclusion within the legal profession. The firm has been named to MultiCultural Law magazine’s 2011 rankings of the Top 100 Law Firms for Diversity and the Top 100 Law Firms for Women. The firm was previously named to the lists in 2010 and 2007.
Thompson Hine, through the efforts of its Diversity amp; Inclusion and Spotlight on Women® initiatives, is committed to attracting, retaining, advancing and supporting a diverse workforce. The strength of that commitment is most evident in the makeup of the firm’s leadership, with minorities and women serving as practice group leaders, office partners-in-charge and members of the Executive Committee. The firm is also dedicated to raising awareness of the value of diversity throughout the legal profession and the broader business community. Each Thompson Hine office leads, sponsors and supports initiatives that promote diversity and inclusion in its local market.
“We are excited to once again be named a Top 100 Law Firm for Diversity,” said Robyn Minter Smyers, chair of the firm’s Diversity amp; Inclusion initiative. “As our initiative continues to grow and gain support within the firm and the community, it’s a wonderful affirmation of our efforts to receive this national recognition for a third year.”
“Spotlight on Women continues to be a pacesetter among women’s initiatives in the legal profession and the business community,” said Heidi B. Goldstein, Spotlight on Women chair. “We are grateful to everyone who has participated in our programs and supported us – it is because of them that we have achieved this distinction for a third time.”
MultiCultural Law magazine is dedicated to ensuring workplace diversity and highlighting the roles that minorities and women play in today’s business world. It has an annual circulation of more than 40,000.
About Thompson Hine LLP: Established in 1911, Thompson Hine is a business law firm dedicated to providing superior client service. The firm has been named one of the top two law firms in the country for client service and the only firm ranked in the top tier for “Provides Value for the Dollar,” according to the 2011 BTI Client Service A-Team: Survey of Law Firm Client Service Performance. With approximately 400 lawyers, Thompson Hine serves premier businesses worldwide. The firm has offices in Atlanta, Cincinnati, Cleveland, Columbus, Dayton, New York and Washington, D.C. For more information, go to www.ThompsonHine.com. |
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