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Chavez orders more land taken from British firm
Topics in Legal News | 2011/10/30 08:38
Venezuela's president on Sunday ordered the expropriation of 716,590 acres belonging to a British-owned company amid a disagreement over compensation for earlier takeovers of ranchland from the firm.

President Hugo Chavez announced the latest seizure after saying that Venezuela refuses to pay compensation in foreign currency to Agropecuaria Flora, a local subsidiary of the British company Vestey Group.

Chavez said the government had received a demand from the company that it be paid in dollars for the previous seizure of tens of thousands of acres. But the government insists in paying in bolivars, Venezuela's currency.

It's difficult for foreign companies operating in Venezuela to repatriate profits and other income in bolivars due to foreign currency controls in the South American country.

Representatives of Agropecuaria Flora did not answer telephone calls seeking comment Sunday.

Venezuela's expropriation of farm and ranch lands began in earnest in 2005, with the government employing a 2001 law allowing it to seize lands deemed idle or not adequately used.


Alabama immigration fight recalls civil rights era
Court Line News | 2011/10/30 08:38
The epicenter of the fight over the patchwork of immigration laws in the United States is not Arizona, which shares a border with Mexico and became a common site for boycotts. Nor was it any of the four states that were next to pass their own crackdowns.

No, the case that's likely to be the first sorted out by the U.S. Supreme Court comes from the Deep South state of Alabama, where the nation's strictest immigration law has resurrected ugly images from the state's days as the nation's battleground for civil rights a half-century ago.

And Alabama's jump to the forefront says as much about the country's evolving demographics as it does the nation's collective memory of the state's sometimes violent path to desegregation.

With the failure of Congress in recent years to pass comprehensive federal immigration legislation, Arizona, Georgia, Utah, South Carolina and Indiana have passed their own. But supporters and opponents alike agree none contained provisions as strict as those passed in Alabama, among them one that required schools to check students' immigration status. That provision, which has been temporarily blocked, would allow the Supreme Court to reconsider a decision that said a kindergarten to high school education must be provided to illegal immigrants.


Court sidesteps Connecticut student speech case
Court Line News | 2011/10/28 08:39
The Supreme Court is refusing to disturb a court ruling that Connecticut school officials acted reasonably in disciplining a student for an Internet posting she wrote outside of school.

The justices on Monday turned down an appeal from Avery Doninger, who was a high school junior in Burlington, Conn., when she took to the Internet to criticize administrators for canceling a popular school activity.

Doninger sued school officials after they punished her by preventing her from serving as class secretary as a senior.

The 2nd U.S. Circuit Court of Appeals in New York sided with the school officials.


GOP candidates would cut federal judges' power
Topics in Legal News | 2011/10/25 10:46
Most of the Republican presidential candidates want to wipe away lifetime tenure for federal judges, cut the budgets of courts that displease them or allow Congress to override Supreme Court rulings on constitutional issues.

Any one of those proposals would significantly undercut the independence and authority of federal judges. Many of the ideas have been advanced before in campaigns to court conservative voters.

This time, though, six of the eight GOP candidates are backing some or all of those limits on judges, even though judges appointed by Republican presidents hold a majority on the Supreme Court and throughout the federal system.

A group that works for judicial independence says the proposals would make judges accountable to politicians, not the Constitution.

Bert Brandenburg, executive director of the Justice at Stake Campaign, said, Debates like these could threaten to lead to a new cycle of attempts to politicize the courts.

Only the former governors in the race, Mitt Romney of Massachusetts and Jon Huntsman of Utah, have not attacked federal judges in their campaigns.

Former House Speaker Newt Gingrich has been the most outspoken critic of the courts. He would summon judges before Congress to explain their decisions and consider impeaching judges over their rulings.


US appeals court upholds roadless rule in forests
Lawyer Media News | 2011/10/24 10:46
A federal appeals court on Friday upheld a rule prohibiting roads on nearly 50 million acres of land in national forests across the United States, a ruling hailed by environmentalists as one of the most significant in decades.

Mining and energy companies, however, say it could limit development of natural resources such as coal, oil and natural gas.

The 10th U.S. Circuit Court of Appeals backed the 2001 Roadless Area Conservation Rule after lawyers for the state of Wyoming and the Colorado Mining Association contended it was a violation of the law.

Supporters of the roadless rule say the court's decision preserves areas where outdoor enthusiasts like to hunt, fish, hike and camp. It also protects water quality and wildlife habitat for grizzly bears, lynx and Pacific salmon, supporters say.

Without the roadless rule, protection of these national forests would be left to a patchwork management system that in the past resulted in millions of acres lost to logging, drilling and other industrial development, said Jane Danowitz, director of the Pew Environment Group's U.S. public lands program.


Indiana, Planned Parenthood in court over funding
Lawyer Media News | 2011/10/23 09:40
Planned Parenthood of Indiana can end a dispute over a law that would cut some of its public funding if it became two separate entities, with one offering abortion services and the other offering general health services, an attorney for the state told a federal appeals court Thursday.

Solicitor General Thomas Fisher said during oral arguments before the 7th Circuit Court of Appeals in Chicago that Indiana's new law is aimed at keeping taxpayer dollars from indirectly subsidizing abortions.

He told the appeals court that Planned Parenthood of Indiana could ensure that wouldn't happen by separating its operations into two entities.

Only by separating the two can we be sure that there's no cross-subsidy, Fisher said.

Planned Parenthood's attorney, Ken Falk of the American Civil Liberties Union, told the appeals court during the 45-minute hearing that Indiana's own Medicaid agency warned state lawmakers while they were weighing the legislation that it would violate Medicaid recipients' freedom of choice by targeting the abortion provider.


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