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Canadian court strikes down anti-prostitution laws
Press Release | 2013/12/23 12:11
Canada's highest court struck down the country's anti-prostitution laws Friday, a victory for sex workers who had argued that a ban on brothels and other measures made their profession more dangerous. The ruling drew criticism from the conservative government and religious leaders.

The court, ruling in a case brought by three women in the sex trade, struck down all three of Canada's prostitution-related laws: bans on keeping a brothel, making a living from prostitution, and street soliciting. The ruling won't take effect immediately, however, because the court gave Parliament a year to respond with new legislation, and said the existing laws would remain in place until then.

The decision threw the door open for a wide and complex debate on how Canada should regulate prostitution, which isn't in itself illegal in the country.

Robert Leckey, a law professor at McGill University, said the court found that the law did nothing to increase safety, but suggested in its ruling that more finely tailored rules might pass constitutional scrutiny in the future.


Utah's same-sex marriage ban back in court
Press Release | 2013/12/23 12:10
A federal judge on Monday is set to consider a request from the state of Utah to block gay weddings that have been taking place since Friday when the state's same-sex marriage ban was overturned.

U.S. District Judge Robert J. Shelby ruled Utah's law passed violates gay and lesbian couples' rights under the 14th Amendment.

Lawyers for the state want the ruling put on hold as they appeal the decision that has put Utah in the national spotlight because of its long-standing opposition to gay marriage. Shelby will hold a hearing on the request Monday morning.

On Sunday, a federal appeals court rejected the state's emergency request stay the ruling, saying they couldn't rule on a stay since Shelby hasn't acted on the motion before him.

Following Shelby's surprising ruling Friday afternoon, gay and lesbian couples rushed to a county clerk's office in Salt Lake City to get marriage licenses. More than 100 couples wed as others cheered them on in what became an impromptu celebration an office building about three miles from the headquarters of the Mormon church.


Court: LAPD can continue eased auto impound policy
Topics in Legal News | 2013/12/20 10:48
A California appeals court has issued a stay allowing a Los Angeles police policy that makes it easier for unlicensed drivers to keep their cars instead of having them impounded.

In August a lower court struck down the policy known as Special Order 7, saying it conflicted with the state's vehicle code.

But in October the appeals court issued a temporary stay allowing the policy to continue, and Wednesday extended that stay until a city appeal is resolved.

Special Order 7 allows some unlicensed drivers who are stopped to produce registration and proof of insurance to avoid having their cars impounded for 30 days.

The police union sued to nullify the policy, saying it left officers with conflicting orders.

LA'S city attorney and police chief issued statements lauding Wednesday's decision.


Hearing: Which court should hear coastal lawsuit?
Press Release | 2013/12/20 10:48
A legal tug-of-war continues in a state levee board's lawsuit against 97 oil, gas and pipeline companies over the erosion of wetlands.

The Southeast Louisiana Flood Protection Authority-East wants U.S. District Judge Nannette Jolivette Brown to send the case back to Orleans Parish Civil District Court, where the board filed it in July.

Attorneys for Chevron USA Inc. got the lawsuit moved to federal court in August, arguing that federal laws govern many of its claims.

Since then, lawyers have filed hundreds of pages of arguments and exhibits just on the question of which court should hear the case.

Brown scheduled arguments Wednesday.

The lawsuit says oil and gas canal and pipeline work has contributed to the erosion of wetlands that protect New Orleans when hurricanes move ashore. Corrosive saltwater from a network of oil and gas access and pipeline canals has killed plants that anchored the wetlands, letting waves sweep away hundreds of thousands of coastal land, it says.

Gov. Bobby Jindal has blasted the lawsuit as a windfall for trial lawyers and his coastal protection chief, Garret Graves, said the suit would undermine Louisiana's work with the industry to rebuild wetlands. An association of state levee districts voted to oppose the suit.

Since then, however, two coastal parishes heavily dependent on the industry have filed lawsuits of their own raising similar issues.

Earlier this month, the Louisiana Oil and Gas Association sued the state's attorney general, accusing him of illegally approving the Southeast Louisiana board's contract with lawyers who filed its lawsuit.

The association contends that Buddy Caldwell had no authority to approve the contract and that the suit will have "a chilling effect on the exploration, production, development and transportation" of Louisiana's oil and gas.


Tenn. senator's fired chief of staff back in court
Press Release | 2013/12/16 10:52
The fired chief of staff for Sen. Lamar Alexander of Tennessee is returning to court in Washington after his arrest on charges of possession and attempted distribution of child pornography.

Ryan Loskarn was arrested Wednesday, and the 35-year-old made his first appearance in court Thursday. At the time, a judge ordered him held until a hearing Monday.

In asking that Loskarn remain in custody, a prosecutor argued he was a flight risk and a danger to society. He faces up to 10 years on the possession charge and five to 20 years on the distribution charge.

Loskarn had served for two years as chief of staff for Republican Alexander.


Indian gay activists protest top court's ruling
Topics in Legal News | 2013/12/16 10:51
Hundreds of gay rights activists gathered in India's capital and other cities across the country on Sunday to protest a decision by India's top court to uphold a law that criminalizes gay sex.

India's Supreme Court last week reversed a landmark 2009 lower court order that had decriminalized gay sex. The country's gay community is demanding that the government take immediate action to remove the colonial-era law banning same-sex relations.

About 800 protesters in New Delhi, the capital, wore black arm bands Sunday and waved rainbow-colored flags and banners. Some people wore masks and wigs to protect their identity. They said the Supreme Court's ruling had evoked anger and dismay across the country.

The activists said that they were in the process of taking legal steps to undo the court's decision and that Sunday's protest was to make their voices heard.

"It's my fundamental right to decide who I should love," said Rohan Mehta, a New Delhi-based businessman who was among the demonstrators. "I will not let the court deprive me of my rights."

The court ruled Wednesday that only lawmakers could change the law that bans gay sex and makes it punishable by up to a decade in prison.

The ruling dealt a blow to gay activists who have fought for years for the chance to live openly in India's deeply conservative society.


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