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Court takes another look at Native American adoption law
Lawyer Media News |
2020/01/22 15:59
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A 1978 law giving preference to Native American families in foster care and adoption proceedings involving American Indian children was getting a second look Wednesday from a federal appeals court in New Orleans.
A three-judge panel of the 5th Circuit Court of Appeals in New Orleans upheld the Indian Child Welfare Act in August in a 2-1 ruling.
Opponents of the law ? including non-Indian families who have sought to adopt American Indian children ? sought and got a re-hearing. On Wednesday, the court's 16 active judges were expected to hear arguments.
A 1978 law giving preference to Native American families in foster care and adoption proceedings involving American Indian children was getting a second look Wednesday from a federal appeals court in New Orleans.
A three-judge panel of the 5th Circuit Court of Appeals in New Orleans upheld the Indian Child Welfare Act in August in a 2-1 ruling.
Opponents of the law ? including non-Indian families who have sought to adopt American Indian children ? sought and got a re-hearing. On Wednesday, the court's 16 active judges were expected to hear arguments. |
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Bangladesh court orders 231 factories closed to save river
Legal Marketing News |
2020/01/20 16:00
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Bangladesh’s High Court has asked authorities to shut down 231 factories surrounding the highly polluted main river in the nation’s capital, lawyers and activists said Tuesday.
Manzil Murshid, who filed a petition with the court seeking its intervention, said the factories are mainly small dyeing, tanning and rubber plants operating without approval from the Department of Environment. Such factories often are able to operate with the backing of influential politicians or by bribing government officials.
The court’s decision Monday on the factories near the River Buriganga was hailed by environment activists despite some previous court orders that were not carried out by government authorities, Murshid said.
Murshid represents Human Rights and Peace for Bangladesh, a domestic advocacy group.
He said the decision came after the environment department submitted a report on 231 factories that operate illegally and contribute highly to the pollution. The court also asked the officials to prepare “a complete list of illegal factories or factories without effluent treatment plants” operating in and around Dhaka within three months.
“This is a good decision. The court has asked the authorities to disconnect water, electricity and other utility services for factories that are polluting the Buriganga,” he told The Associated Press on Tuesday.
Amatul Karim, who represented the Department of Environment in the case, said the court’s order came after a thorough examination of the history of the factories, the level of pollution of the river and overall damage to the environment.
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Lawyers: Immigration court system is ‘red tape gone crazy’
Lawyer Media News |
2020/01/17 16:02
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Tucked in a windowless room of Chicago’s immigration court, one of the nation’s largest legal advocacy groups for immigrants runs a free help desk.
Their pace is dizzying. Most days, there’s a line outside the door, with some cases taking years to resolve. Attorneys have no printer and make copies by hand. They rarely take breaks, even to use the bathroom.
A visit to the operation ? one of five nationwide ? illustrates the growing burden on attorneys in the immigration courts system, where there’s no right to appointed counsel, no electronic filing, a crushing backlog and ever-shifting Trump administration policies that have created unparalleled turmoil.
“Attorneys are spending so much time on work that is effectively meaningless,” said Ashley Huebner with the Chicago-based National Immigrant Justice Center, which staffs the legal help desk. “It’s unnecessary, bureaucratic red tape gone crazy.”
Notices to appear in court list times or dates when courts aren’t in session. Immigrants who don’t get copies of their asylum paperwork at the border must file formal Freedom of Information Act requests, which can take time and money. And the Trump administration has all but shut down interactions between government and immigration attorneys outside court, even for mundane matters like finding out when there’s a hearing.
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German court may reject appeal to remove anti-Semitic relic
Headline Legal News |
2020/01/16 16:01
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A court in eastern Germany indicated Tuesday that it will likely reject a Jewish man’s bid to force the removal of an ugly remnant of centuries of anti-Semitism from a church where Martin Luther once preached.
The Naumburg court's senate said, at a hearing, that “it will maybe reject the appeal,” court spokesman Henning Haberland told reporters.
“The senate could not follow the plaintiff's opinion that the defamatory sculpture can be seen as an expression of disregard in its current presentation,” Haberland said.
The verdict will be announced on February 4.
The so-called “Judensau,” or “Jew pig,” sculpture on the Town Church in Wittenberg dates back to around 1300. It is perhaps the best-known of more than 20 such anti-Semitic relics from the Middle Ages that still adorn churches across Germany and elsewhere in Europe.
Located 4 meters (13 feet) above the ground on a corner of the church, it depicts Jews suckling on the teats of a sow, while a rabbi lifts the animal’s tail. In 1570, after the Protestant Reformation, an inscription referring to an anti-Jewish tract by Luther was added.
Judaism considers pigs impure and no one disputes that the sculpture is deliberately offensive. But there is strong disagreement about what to do with the relief.
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Supreme Court rejects appeal in texting suicide case
Headline Legal News |
2020/01/14 10:17
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The Supreme Court on Monday left in place the conviction of a Massachusetts woman who sent her boyfriend text messages urging him to kill himself.
Michelle Carter is serving a 15-month sentence after being convicted of involuntary manslaughter in the 2014 death of her boyfriend, Conrad Roy III. A judge determined that Carter, who was 17, caused the death of the 18-year-old Roy when she ordered him in a phone call to get back in his carbon monoxide-filled truck that he’d parked in a Kmart parking lot.
The phone call wasn’t recorded, but the judge relied on a text Carter sent her friend in which she said she told Roy to get back in. In text messages sent in the days leading up to Roy’s death, Carter also encouraged Roy to follow through with his suicide plan and chastised him when he didn’t, Massachusetts courts found.
The case has garnered national attention and sparked legislative proposals in Massachusetts to criminalize suicide coercion.
Carter’s lawyers argued in their Supreme Court appeal that the conviction should be thrown out because it was an “unprecedented” violation of her free speech rights that raised crucial questions about whether “words alone” are enough to hold someone responsible for another person’s suicide.
The lawyers also argued there was simply not enough evidence to prove Carter urged Roy to to get back in his truck to die, or that he would have lived if she had called for help or taken other actions to try and save his life.
Joseph Cataldo, one of Carter’s lawyers, said Monday’s decision was an “injustice” and that the legal team is weighing its next steps. He didn’t elaborate.
“The Court passed on the rare chance to clarify an outdated and confusing exception to the First Amendment, which has divided courts around the country,” said Daniel Marx, another one of Carter’s lawyers. “It also missed an invaluable opportunity to address the toxic combination of mental illness, adolescent psychology, and social media that was at the heart of this suicide case and will likely lead to additional tragedies in the future.”
The court’s decision was welcomed by Bristol District Attorney Thomas Quinn III, whose office prosecuted the case.
“The US Supreme Court’s decision today brings closure to the family of Conrad Roy for his tragic death. I hope that the finality of this decision brings some solace to them,” he said in a statement.
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Indian state challenges new citizenship law in Supreme Court
Press Release |
2020/01/12 10:18
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The southern Indian state of Kerala on Tuesday became the first to legally challenge a new citizenship law that has triggered nationwide demonstrations.
In a petition to the Supreme Court, the state government said the law violates the secular nature of India's Constitution, and accused the government of dividing the nation along communal lines.
The citizenship law backed by Prime Minister Narendra Modi’s Hindu-nationalist party provides a path to naturalization for people from Bangladesh, Afghanistan and Pakistan, unless they’re Muslim. It has triggered nationwide protests and clashes with police, leading to 23 deaths.
The rallies have slowly morphed into much wider anti-government protests.
Critics say the law, which was passed by Parliament on Dec. 11, will be used in conjunction with a citizenship registry that could require all Indians to produce documents proving their origins, a challenge in a country where many people lack official records including birth certificates.
Kerala, a state ruled by a communist party, has strongly opposed the law and passed a resolution against in early January. The state government criticized the law in front-page advertisements in at least three national newspapers on Jan. 10, saying the state is "leading the efforts to protect constitutional values.”
Modi’s Bharatiya Janata Party said the move by the state was political.
Pinarayi Vijayan, chief minister of the state, has also written to the heads of 11 other states not ruled by Modi’s party, urging them to unite in their fight against the law. |
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