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Kansas considers giving governor more say in high court
Lawyer Media News |
2016/02/06 14:11
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Kansas lawmakers are considering giving the governor more authority over who is appointed to the state Supreme Court, which has been under increasing attacks by conservatives who say it is too liberal.
A proposed constitutional amendment to change the system received first-round approval in the House on Wednesday and advances to final action today. It needs approval from two-thirds of House members to advance to the Senate.
With major cases on school funding and abortion restrictions now pending before the high court, Republican Gov. Sam Brownback and his allies are seeking to change its makeup. Last year, Brownback openly campaigned against the retention of two state Supreme Court justices.
The state's high court judges are chosen by five attorneys and four representatives selected by the governor. The nonpartisan committee then chooses three finalists, with the governor making the final selection. A proposed constitutional amendment would change the system so that the governor would nominate justices, who would then be approved for the court by a majority of the Senate.
During debate Wednesday, opponents argued the move is drastic. Supporters argued that the current process is undemocratic.
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Supreme Court rejects appeal to outlaw death penalty
Court Line News |
2016/02/05 14:10
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The Supreme Court is rejecting a Pennsylvania inmate's appeal to consider banning the death penalty across the United States.
The justices did not comment Monday in turning away a challenge from death row inmate Shonda Walter.
Walter's appeal plays off Justice Stephen Breyer's call in an impassioned dissent in June to re-evaluate the death penalty in light of problems involving its imposition and use.
Breyer renewed his plea last week when he was the lone justice willing to give a last-minute reprieve to an Alabama death row inmate who was later put to death.
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Court won't order immediate evaluation of mogul Redstone
Headline Legal News |
2016/02/02 14:10
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A judge Monday declined to order a medical examination of Sumner Redstone but ruled that lawyers for his former companion can take the sworn testimony of two of the ailing media mogul's doctors.
Judge David J. Cowan also ruled that Redstone's longtime attorney, Viacom CEO Philippe Dauman, may also be deposed about his recent interactions with Redstone, but that any testimony he gives should be restricted to details about medical issues.
The rulings were made in a case pursued by Manuela Herzer, Redstone's former girlfriend who until recently had control over his medical care. She was kicked out of his home in October and contends that the 92-year-old can no longer carry on conversations or make informed decisions.
Redstone's attorney, Gabrielle Vidal, has objected to an independent evaluation of the doctor, citing recent evaluations by his doctors including a brain scan that didn't find any signs of impairment.
She praised Monday's ruling, saying Herzer's actions in the case represent a disregard for Redstone's welfare. |
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ACLU to appeal court ruling in Missouri drug testing case
Headline Legal News |
2016/01/30 14:10
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The American Civil Liberties Union said it plans to appeal a federal court ruling that upheld a technical college’s plan to force every incoming student to be tested for drugs.
Tony Rothert, legal director for the ACLU’s Missouri chapter, told the Jefferson City News Tribune that the 8th U.S. Circuit Court of Appeals has given the organization until Jan. 4 to file a petition seeking a rehearing by either the same three-judge panel that issued the ruling earlier this month, or by all of the active 8th Circuit judges.
“We intend to request both,” Rothert said. “While rehearing is difficult to obtain, we are fortunate in this case to have a majority decision that is poorly crafted and departs from 8th Circuit and Supreme Court precedent.”
The ACLU filed the federal lawsuit in 2011 challenging a mandatory drug-testing policy Linn State Technical College’s Board of Regents approved in June of that year. The school since has changed its name to State Technical College of Missouri.
The lawsuit argued the policy violated the students’ Fourth Amendment right “to be secure . against unreasonable searches and seizures.”
When it started the program, the school said the testing policy was intended “to provide a safe, healthy and productive environment for everyone who learns and works at Linn State Technical College by detecting, preventing and deterring drug use and abuse among students.”
Under the policy, students had to pay a $50 fee for the drug test and could be blocked from attending if they refused to be tested.
U.S. District Judge Nanette Laughrey issued a ruling in September 2013 that limited the drug testing to five Linn State programs. But in its 2-1 vote earlier this month, the federal appeals court panel overturned her ruling as too narrow. |
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Polish court convicts chemist of planning parliament attack
Legal News |
2016/01/14 14:10
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A court in southern Poland has handed a 13-year prison term to a chemist found guilty of having plotted a bomb attack on parliament and other buildings in 2012.
The man, identified as Brunon Kwiecien, a university teacher in Krakow, was arrested in 2012 in a much publicized case that the prosecutors said was a successful foiling of a "terrorist" attack. The case involved undercover security officers pretending interest in Kwiecien's scheme.
On Monday a court in Krakow found Kwiecien guilty of preparing an attack on parliament, of trying to induce two students to carry out an attack and of illegal weapons possession.
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Japan court says requiring same surname in marriage is legal
Legal News |
2016/01/10 14:09
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Japan's Supreme Court ruled Wednesday that requiring married couples to have the same surname is constitutional, dealing a blow to a longtime effort for gender equality in choosing names.
The law does not say which partner must give up his or her name in marriage. In practice it has almost always been the woman who took the husband's name. Some women say that is unfair and feel as though their identity is lost.
In traditional marriage, one person, usually the woman, enters the household of the partner and is registered as a member of that household. Men are seen as more powerful in Japanese traditional culture. But as women increasingly have careers, some argue that changing surnames is confusing.
Some Japanese women continue to use their maiden name professionally, even after their surnames are legally changed following marriage. Some couples simply don't register their marriages.
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