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US court weighs school discipline for Web posts
Law Center |
2010/06/03 21:25
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| A U.S. appeals court in Philadelphia has heard arguments on whether schools can discipline students for lewd, harassing or simply juvenile Internet speech posted off-campus. Two students in two different Pennsylvania school districts are fighting suspensions they received for posting derisive profiles of their principals on MySpace from home computers.pThe American Civil Liberties Union says school officials cannot reach beyond school grounds to impose discipline. The two school districts argue the postings could be disruptive at school, and say they have the right to maintain order./ppIn a rare move, all 14 eligible judges on the 3rd U.S. Circuit Court of Appeals heard arguments Thursday./ppLegal experts hope the Supreme Court will clarify the rules in these types of cases./p |
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High court rules out life sentences for juveniles
Law Center |
2010/05/17 09:25
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pThe Supreme Court has ruled that teenagers may not be locked up for life without chance of parole if they haven't killed anyone./ppBy a 5-4 vote Monday, the court says the Constitution requires that young people serving life sentences must at least be considered for release./ppThe court ruled in the case of Terrance Graham, who was implicated in armed robberies when he was 16 and 17. Graham, now 22, is in prison in Florida, which holds more than 70 percent of juvenile defendants locked up for life for crimes other than homicide./ppThe state has denied him any chance to later demonstrate that he is fit to rejoin society based solely on a nonhomicide crime that he committed while he was a child in the eyes of the law, Justice Anthony Kennedy wrote in his majority opinion. This the Eighth Amendment does not permit./ppChief Justice John Roberts agreed with Kennedy and the court's four liberal justices about Graham. But Roberts said he does not believe the ruling should extend to all young offenders who are locked up for crimes other than murder; he was a no vote on the ruling./ppLife sentences with no chance of parole are rare and harsh for juveniles tried as adults and convicted of crimes less serious than killing, although roughly three dozen states allow for the possibility of such prison terms. Just over 100 prison inmates in the United States are serving those terms, according to data compiled by opponents of the sentences./ppThose inmates are in Florida and seven other states — California, Delaware, Iowa, Louisiana, Mississippi, Nebraska and South Carolina — according to a Florida State University study. More than 2,000 other juveniles are serving life without parole for killing someone. Their sentences are not affected by Monday's decision.
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DA opposes Polanski's request for sealed testimony
Law Center |
2010/05/10 09:26
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pRoman Polanski's request for access to sealed transcripts of testimony by a former prosecutor detailing alleged misconduct should be rejected because of the director's fugitive status, prosecutors argued Thursday in a court filing./ppPolanski's attorneys have asked a judge to unseal testimony taken earlier this year by the original prosecutor handling the case, Roger Gunson. They have said it will help their efforts to fight Polanksi's extradition from Switzerland, where he remains under house arrest./ppDeputy District Attorney David Walgren wrote in Thursday's filing that the request should be denied because Polanski has repeatedly refused to return to Los Angeles for sentencing./ppHe said allegations of misconduct in the case can and should be dealt with at Polanski's sentencing./ppA hearing on Polanski's motion is scheduled for Monday afternoon.
/p |
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Judge rejects mandatory condoms on LA porn sets
Law Center |
2009/12/23 20:58
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| A Los Angeles judge has denied a request from an AIDS advocacy group calling for mandatory use of condoms on porn sets.pJudge David Yaffe on Tuesday rejected a petition from the AIDS Healthcare Foundation that contended county health officials hadn't done enough to prevent sexually transmitted diseases in the porn industry./ppThe group sued the county in July after data showed there were more than 3,700 STD cases over the past five years reported by a clinic that serves porn actors./ppIn denying the foundation's request, Yaffe said the county has broad discretion in how it oversees public health. The group plans to appeal the decision./p |
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LV Law firm sues state over mortgage modification licensing
Law Center |
2009/11/15 10:07
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pA law firm active in Henderson and Las Vegas is suing the state over rules requiring licensing of non-attorney employees working on mortgage loan modifications./ppCogburn Law Offices LLC filed suit last week in Clark County District Court against the Department of Business and Industry, Division of Mortgage Lending./ppCourt records indicate the law firm won a temporary restraining order against the division on Friday. District Judge Valorie Vega also set a Friday hearing on Cogburn's request for a preliminary injunction, which would extend the restraining order while the issue is litigated./ppThe lawsuit was filed by attorney Terry Coffing of the firm Marquis amp; Aurbach./ppCoffing said Monday that Cogburn Law Offices has not received any notification of enforcement action against it by the Mortgage Lending Division and that the restraining order should preserve the status quo until Friday's hearing./ppCoffing said the State Bar of Nevada, which regulates the legal industry, has expressed concern over the rules and he hopes the bar intervenes in the case on Cogburn's side./ppHe said Jamie Cogburn, co-founder of the law firm, supports regulation of the loan modification industry to ensure consumers are not harmed by scam artists./ppBut the division's rules are too broad, including provisions attempting to regulate the practice of law, Coffing said.
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2 Hudson residents sue General Mills over Cheerios cholesterol claims
Law Center |
2009/10/19 09:24
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Two Hudson County residents are suing General Mills over the cereal maker's claims that Cheerios helps reduce cholesterol, NJBiz.com reports.
Edward Myers and Elsa Acevedo are the lead plaintiffs in the $5 million class-action suit filed in U.S. District Court in Newark, the Web site said.
The Food and Drug Administration issued a warning to General Mills over the issue in May, the Web site noted. |
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