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Nevada Supreme Court upholds ethics laws
Headline Legal News |
2013/12/02 21:20
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The Nevada Supreme Court upheld the state's ethics laws on Wednesday while backing the censure of a Sparks councilman for his 2005 vote on a casino project involving his former campaign manager.
In a 5-2 opinion, justices rejected arguments from Sparks Councilman Michael Carrigan that the conflict of interest laws are overly vague and violate constitutional protections of right of association.
Chief Justice Kris Pickering, writing for the majority, said the law serves to ensure that public officers "avoid conflicts between (their) private interests and those of the general public whom (they) serve."
At issue was whether a catch-all phrase in Nevada law extending defined voting prohibitions — such as in matter involving family members, business partners or employers — to any other substantially similar relationship is vague and unconstitutional.
Carrigan was censured by the state Ethics Commission for voting on the Lazy 8 hotel-casino project. Carlos Vasquez, a lobbyist for the project, had served as Carrigan's campaign manager free of charge and placed media ads for the campaign at cost, according to court documents. He also lobbied for the project before the Sparks City Council.
The Lazy 8 was backed by one-time developer and Nevada political powerhouse Harvey Whittemore, who was convicted this year in federal court on felony charges related to illegal campaign contributions made to Senate Majority Leader Harry Reid. |
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Amanda Knox appeals slander case to European court
Headline Legal News |
2013/11/29 18:30
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Lawyers for Amanda Knox filed an appeal of her slander conviction in Italy with the European Court of Human Rights, as her third murder trial was underway in Florence.
The slander conviction was based on statements Knox made to police in November 2007 when she was being questioned about the slaying of her British roommate, Meredith Kercher, in the house they shared in Perugia.
Knox says she was coerced into making false statements blaming the slaying on bar owner Patrick Lumumba.
"The interrogation took place in a language I barely spoke, without a lawyer present, and without the police informing me that I was a suspect in Meredith's murder, which was a violation of my human rights," Knox said in a statement released Monday as the appeal was filed.
Knox was convicted of slander at her first trial in December 2009. That conviction was upheld during the appeal that resulted in her 2011 murder acquittal.
Knox has returned to Seattle, where she is a student at the University of Washington. She is not attending the third trial being held in an appeals court in Florence.
The European Court for Human Rights is an international court in Strasbourg, France, that oversees the European Convention on Human Rights. |
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Anti-whaling activist to testify in US court
Headline Legal News |
2013/11/08 23:02
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A fugitive anti-whaling activist known for confronting Japanese whaling vessels off Antarctica is due to testify about his actions in a U.S. court Wednesday.
Paul Watson, founder of the Oregon-based Sea Shepherd Conservation Society, is expected to take the witness stand in a contempt of court hearing in Seattle.
The Japanese whalers argue that the organization 10 times violated an order barring its vessels from attacking or coming within 500 yards of the whaling ships. They've asked the 9th U.S. Circuit Court of Appeals to impose fines of $100,000 for each violation, though they suggested the court waive those fines as long as the protesters stop confronting their ships.
The case is part of a long-running fight between the protesters and Japan's whaling fleet, which kills up to 1,000 whales a year, as allowed by the International Whaling Commission.
Japan is permitted to hunt the animals as long as they are killed for research and not commercial purposes, but whale meat not used for study is sold as food in Japan. Critics say that's the real reason for the hunts.
For several years, Sea Shepherd operated anti-whaling campaigns in the Southern Ocean. Activists aboard its vessels would hurl acid and smoke bombs at the whalers and drag ropes in the water to damage their propellers. |
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Appeals court rejects secret Delaware arbitration
Headline Legal News |
2013/10/25 22:46
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A federal appeals court has upheld a ruling declaring that a Delaware law allowing chancery judges to oversee secret arbitration in high-stakes business disputes is unconstitutional.
A three-judge panel of the Third U.S. Circuit Court of Appeals ruled 2-to-1 Wednesday to uphold a federal judge's ruling in favor of the Delaware Coalition for Open Government, which challenged the law.
DelCOG, backed by The Associated Press, The New York Times and several other major news organizations, claimed in its lawsuit that the secret arbitration conducted by Delaware's Chancery Court violated the First Amendment rights of citizens to attend judicial proceedings and access court records.
Attorneys for the state argued that secret arbitration made the Chancery Court more efficient and generated revenue for Delaware, corporate home to thousands of companies. |
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Farmers tied to listeria outbreak to plead guilty
Headline Legal News |
2013/10/23 18:50
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Two Colorado cantaloupe farmers are expected to plead guilty under a deal with federal prosecutors in the 2011 listeria outbreak that killed 33 people.
Eric and Ryan Jensen have a change-of-plea hearing scheduled in federal court in Denver on Tuesday. They were charged last month with introducing adulterated food into interstate commerce. At the time, the Food and Drug Administration said the rare move was meant to send a message to food producers.
Criminal charges are rare in food-borne illnesses, but the FDA under President Barack Obama has been more aggressive in pursuing farmers and food processors for alleged lapses.
The brothers filed documents last week notifying the court that they would plead guilty to unspecified charges under their agreements. |
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Wenatchee lawyer picked for federal judgeship
Headline Legal News |
2013/09/23 18:35
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The White House has nominated Wenatchee lawyer Stanley Bastian to become Eastern Washington's newest federal judge.
If approved by the Senate, he would replace Judge Edward Shea on the bench in Richland.
Bastian is a 1983 University of Washington Law School graduate who has served as an assistant city attorney in Seattle and as a state Appeals Court law clerk. He joined a Wenatchee firm in 1988.
The Spokesman-Review reports in the 1990s Bastian was hired by Douglas County to defend sheriff's investigators and prosecutors who were sued for their roles in the discredited Wenatchee sex ring case.
The Tri-City Herald reports Shea was the first federal judge to be based full-time in the Tri-Cities and went on senior status in June 2012, with a reduced workload. |
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Committee OKs school spending report for WA court
Headline Legal News |
2013/08/28 16:21
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A committee overseeing progress on paying the full cost of basic education for kids in public school voted unanimously Tuesday to approve a draft of its latest progress report to the state Supreme Court.
In its decision on a lawsuit brought by a coalition of school districts, parents and education groups _ known as the McCleary case for the family named in the suit _ the high court ruled in January 2012 that the state is not meeting its constitutional obligation concerning education funding. In the ruling, the Supreme Court ordered the Legislature to make yearly progress reports on its efforts. Those reports are then critiqued by the group that brought the lawsuit, and by the Supreme Court.
This year, the Legislature allocated about $1 billion more for basic education for the current two-year budget cycle. Lawmakers estimate they need to find a total of between $3.5 billion to $4.5 billion more over the coming years to fully pay for basic education. |
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