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Thai court drops royal insult charges against academic
Court Line News |
2018/01/20 10:04
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A Thai military court on Wednesday dropped royal insult charges against an 84-year old historian who questioned whether a Thai king had actually defeated a Burmese adversary in combat on elephant-back over 500 years ago.
Sulak Sivaraksa was charged in October under the draconian lese majeste law that protects the monarchy from libel and defamation. The Bangkok military court had agreed to hear views from historians and experts before it decided to drop the charges for lack of evidence.
Sulak, a veteran academic and proclaimed royalist, said he had petitioned Thailand's new king, Vajiralongkorn, for help in dropping the charges against him.
"I contacted many people for help but no one dared to. So I petitioned the king. If it weren't for His Majesty's grace, this case would not have been dropped," he said.
His case stems from a 2014 university lecture when he told the audience to "not fall prey to propaganda" and questioned whether King Naraesuan had really won the 1593 battle by defeating a Burmese prince in solo combat mounted on a war elephant. The story is one of Thailand's most celebrated historical feats and the date of the combat is marked each year with a military parade on Jan. 18.
Insulting the monarchy is punishable by three to 15 years in prison. The law in writing appears to only protect the king, queen, and heir apparent but in practice the rules are more widely interpreted.
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Russia court cancels journalist's deportation to Uzbekistan
Lawyer Media News |
2018/01/20 10:04
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Russia's highest court has annulled an order to deport a reporter to his native Uzbekistan. The Supreme Court has overturned the Moscow City Court's decision to send Khudoberdy Nurmatov to the Central Asian nation, which has shown little tolerance to dissent. In a ruling released Wednesday, the Supreme Court said the order to deport the journalist was unsubstantiated and sent the case back to the Moscow court.
Nurmatov fled Uzbekistan in 2008 after he was allegedly tortured and coerced into collaborating with security agencies. He has been repeatedly denied asylum in Russia.
In August, the Moscow City Court suspended an earlier ruling to deport him after the European Court of Human Rights had obliged Russia to halt the move amid fears that Nurmatov may face torture in Uzbekistan.
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Pennsylvania court throws out congressional boundaries
Lawyer Media News |
2018/01/18 10:03
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The Pennsylvania Supreme Court struck down the state's widely criticized congressional map Monday, granting a major victory to Democrats who alleged the 18 districts were unconstitutionally gerrymandered to benefit Republicans and setting off a scramble to draw a new map.
In the Democratic-controlled court's decision, the majority said the boundaries "clearly, plainly and palpably" violate the state's constitution and blocked the boundaries from remaining in effect for the 2018 elections with just weeks until dozens of people file paperwork to run for Congress.
The justices gave the Republican-controlled Legislature until Feb. 9 to pass a replacement and Democratic Gov. Tom Wolf until Feb. 15 to submit it to the court. Otherwise, the justices said they will adopt a plan in an effort to keep the May 15 primary election on track.
The decision comes amid a national tide of gerrymandering cases, including some that have reached the U.S. Supreme Court.
Democrats cheered the decision to toss out a Republican-drawn map used in three general elections going back to 2012. The map, they say, gave Republicans crucial help in securing 13 of 18 seats in a state where registered Democratic voters outnumber Republicans 5 to 4.
"We won the whole thing," said David Gersch of the Arnold & Porter Kaye Scholer law firm in Washington, D.C., which is helping represent the group of registered Democrats who filed the lawsuit last June.
The defendants — top Republican lawmakers — said they would ask the U.S. Supreme Court this week to step in and put the decision on hold. The state court's decision lacks clarity, precedent and respect for the constitution and would introduce chaos into the state's congressional races, they said.
The Senate's top Republican lawyer, Drew Crompton, called the timeline to draw new districts "borderline unworkable," but said Republicans will do everything they can to comply. |
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Court: Yes, there is doctor-patient confidentiality
Headline Legal News |
2018/01/15 10:05
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Connecticut's highest court has ruled on an issue that most people may think is already settled, saying doctors have a duty to keep patients' medical records confidential and can be sued if they don't.
The Supreme Court's 6-0 decision Thursday overturned a lower court judge who said Connecticut had yet to recognize doctor-patient confidentiality.
The high court's ruling reinstated a lawsuit by former New Canaan resident Emily Byrne against the Avery Center for Obstetrics & Gynecology in Westport.
Byrne, who now lives in Montpelier, Vermont, alleged the doctor's office sent her medical file to a court without her permission — allowing the father of her child to look at it and use the information to harass her.
The Avery Center argued there is no duty for doctors to keep patients' information confidential. |
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Women taking their right to go topless to state's high court
Legal News |
2018/01/10 10:06
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In a case that pits freedom of expression and equality against public decency, three women are challenging a New Hampshire city ordinance prohibiting public nudity and taking it to the state's highest court.
Heidi Lilley, Kia Sinclair and Ginger Pierro were ticketed in 2016 in Laconia after they went topless at Weirs Beach over Memorial Day weekend. Pierro was doing yoga, while the other two were sunbathing.
Some beachgoers complained and a police officer asked them to cover up. When they refused, they were arrested. A legal motion to dismiss a case against the women was denied so they have appealed it to the New Hampshire Supreme Court, which is expected to hear the case Feb. 1. The women want to the court to dismiss their conviction by invalidating the city's ordinance.
The three women argue there's no state law forbidding female toplessness and that the ordinance is discriminatory since men are allowed to go shirtless. They also contend their constitutional rights to freedom of expression were violated.
"The law in the state of New Hampshire is that it is legal for a woman to go topless so we're trying to get the town of Laconia to recognize and to stay with the state," Lilley said. "The town ordinance, in our opinion, is not constitutional. We're hoping the Supreme Court will see that."
The women are part of the Free the Nipple movement, a global campaign that argues it should be acceptable for women to bare their nipples in public, since men can. Supporters of the campaign also are taking their causes to courts with mixed success.
A U.S. District Court judge ruled in October that a public indecency ordinance in Missouri didn't violate the state constitution by allowing men, but not women, to show their nipples. But in February, a U.S. District Court judge blocked the city of Fort Collins, Colorado, from enforcing a law against women going topless, arguing it was based on gender discrimination. The city is appealing.''
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Hong Kong court to rule later on 3 activists' prison terms
Court Line News |
2018/01/10 10:05
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Three Hong Kong activists will have to wait to learn the outcome of their final appeal Tuesday to overturn prison sentences for their roles in sparking 2014's massive pro-democracy protests in the semiautonomous Chinese city.
Judges at Hong Kong's top court said they would issue their decision at a later, unspecified date following the appeal hearing for Joshua Wong, Nathan Law and Alex Chow against the sentences of up to eight months. Bail for the three was extended.
The three were initially let off with suspended or community service sentences after they were convicted of taking part in or inciting an unlawful assembly by storming a courtyard at government headquarters to kick-off the protests.
But the case sparked controversy when the justice secretary requested a sentencing review that resulted in stiffer sentences, raising concerns about rule of law and fears that the city's Beijing-backed government is tightening up on dissent.
The trio's lawyers said the lower court overstepped its boundaries and put too much emphasis on the need for deterrence in handing down the revised harsher sentence.
"Laying down a heavy sentence will have a deterrent effect, but a balance has to be held between a deterrent and stifling young idealistic people," Law's lawyer, Robert Pang, told the judges. |
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