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Kansas Supreme Court reviews lawmakers' school aid changes
Headline Legal News | 2016/05/10 10:46
Attorneys for Kansas hope to persuade the state Supreme Court that recent changes in the state's education funding system are fair enough to poor districts that the justices can abandon a threat to shut down public schools.

The high court was set to hear arguments Tuesday on whether the technical changes legislators made earlier this year comply with a February order from the justices to improve funding for poor school districts. The changes leave most districts' aid unchanged and don't boost overall education spending.

Lawyers for four school districts suing the state contend legislators' work shouldn't satisfy the Supreme Court because aid to all poor districts didn't increase. But the state's attorneys have submitted more than 950 pages of documents in an attempt to show that lawmakers' solution was in keeping with past court decisions.

"I'm hopeful the Supreme Court's going to take what the Legislature has done and say it's an appropriate answer," Republican Gov. Sam Brownback told reporters ahead of the arguments.

The Dodge City, Hutchinson, Wichita and Kansas City, Kansas, districts sued the state in 2010, arguing that Kansas spends too little on its schools and unfairly distributes the aid it does provide, more than $4 billion a year.

The court concluded in February that lawmakers hadn't done enough to ensure that poor districts keep up with wealthy ones. The justices ordered lawmakers to fix the problems by June 30 or face having schools shut down.



Iran's president slams US court ruling on frozen assets
Legal Interview | 2016/05/09 00:19
Iran's president said Wednesday that a U.S. court ruling that allows for the seizure of Iranian assets amounts to theft and indicates continued "hostility" toward his country.

The U.S. Supreme Court ruled last week that the families of victims of a 1983 bombing in Lebanon and other attacks linked to Iran can collect nearly $2 billion in frozen funds from Iran as compensation.

Rouhani was quoted by state TV as warning that the United States would have to face up to "all the consequences of this illegal action," without elaborating. "The move indicates Washington's continued hostility against the Iranian nation," Rouhani added, speaking during a Cabinet meeting.

On Tuesday, the Cabinet tasked a group of top officials with examining the court decision and defending Iran's "rights."

The U.S. court's ruling directly affects more than 1,300 relatives of victims, some who have been seeking compensation for more than 30 years. They include families of the 241 U.S. service members who died in the Beirut bombing.



Spanish court seeks arrest of Putin-linked Russians
Headline Legal News | 2016/05/09 00:18
A Spanish judge wants two senior Russian officials with links to the Kremlin arrested so they can be questioned in court about suspected money laundering and criminal association.

National court judge Jose de la Mata Amaya has issued international arrest warrants for Nikolai Aulov, deputy director of Russia's federal drug control agency, and Vladislav Reznik, who is a member of parliament's lower house for the main Kremlin party and deputy chairman of its financial markets committee. Both men are viewed as allies of President Vladimir Putin.

They are among 15 suspects in a years long investigation into alleged Russian mafia activities in Spain, according to court documents released this week. The court said their whereabouts are not known.

The judge handed down his ruling in January. A national court spokesman said the case was never placed under judicial secrecy after the arrest orders were issued on Jan. 22 but it only became publicly known after Spain's El Mundo on Tuesday published a story based on documents outlining the judge's order.

The spokesman said he did not know whether those named in the document had Spanish lawyers. He spoke on condition of anonymity, in keeping with court policy.

The Russian federal drug control agency said the Spanish judge's decision to seek Aulov's arrest was "legally unprofessional, a political hit job and perhaps connected with drug mafia revenge," the state RIA Novosti news agency reported.

A lawyer for Reznik, Alexander Gofshtein, also has described the case as being politically driven.



Court: Slipknot bassist's child born after he died can sue
Legal Interview | 2016/05/09 00:18
Idaho's state Supreme Court candidates went after each other's political independence Friday evening during their only scheduled major debate.

"When you stand on the courthouse steps with the Legislature, I'm not sure if you're sending the right messages to the people of Idaho that there's a clear division of judiciary and legislative branch," said candidate Robyn Brody, an attorney from Rupert.

Brody was calling out fellow candidates Clive Strong, a longtime deputy attorney general, and Curt McKenzie, a seven-term Republican state senator ? who have both held press conferences at courthouses announcing endorsements from partisan lawmakers.

Idaho Court of Appeals Judge Sergio Gutierrez also echoed Brody's concerns of seeking high-profile endorsements, adding that he's not running to be a politician but a justice.

However, Strong countered that his 33-year career inside the attorney general's office has often required him to stand up to the Idaho Legislature and McKenzie argued that he strayed from his fellow GOP members during the Legislature by voting no on the so-called ag-gag bill, which was later ruled illegal in federal court.

The first round of campaign contribution reports aren't due until May 10, making endorsements that much more open to scrutiny for signs of possible bias.

Furthermore, Supreme Court candidates are banned from talking about their past of current political party affiliations even though political party registrations are public records as well as giving their opinions on how they would vote on previous or pending state supreme court decisions.


Florida's high court urged to throw out death sentences
Legal News | 2016/05/08 00:18
Former judges and top legal officials are calling on the Florida Supreme Court to impose life sentences on nearly 400 people now awaiting execution on death row.

The group, which includes three former state Supreme Court justices and two former presidents of the American Bar Association, filed a legal brief Tuesday in a case that could determine the fate of Florida's death penalty.    

In January, the U.S. Supreme Court declared Florida's death penalty sentencing law unconstitutional, prompting the state Supreme Court to halt two executions. The Florida Legislature responded by overhauling the law.

But the Florida Supreme Court still hasn't decided what should happen to those sentenced to death under the previous sentencing scheme. The court will hear arguments from lawyers this week on what should be done.





Tribunal: India, Italy should agree on Italian marine's bail
Court Line News | 2016/05/07 00:19
India and Italy should work toward an agreement to allow an Italian marine to return home while an arbitration process continues in the fatally shootings of two Indian fishermen in 2012, a tribunal said Tuesday.

The two countries should present their arguments over relaxing the marine's bail conditions to India's Supreme Court, the tribunal in The Hague said.

The case against Salvatore Girone and another Italian marine, Massimiliano Latorre, has strained relations between the two countries, which disagree on the facts of the case and who has jurisdiction. Italy has also complained bitterly about the fact that, in four years, India has never formally charged the two with a crime.

An arbitration tribunal is hearing the dispute over jurisdiction, and in the ruling announced Tuesday said the two countries should approach India's Supreme Court about changing Girone's bail terms to allow him to return to Italy. Latorre has been in his home country since September 2014 on medical treatment after suffering a stroke in India.

Both India and Italy welcomed the tribunal's ruling, which had been shared with officials from the two countries on Monday. India was happy that the ruling confirmed its jurisdiction to decide bail, while Italy found relief in the possibility of Girone's return.

"We see the tribunal's order not just as a recognition of India's consistent positions and key arguments but also as an affirmation of the authority of the Supreme Court of India," Indian Finance Minister Arun Jaitley, speaking Tuesday in Parliament on behalf of the foreign affairs minister.

In Rome, the defense minister expressed confidence that Italy would be proven right through the arbitration process.



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