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Casino law hinges on Massachusetts high court case
Headline Legal News | 2014/05/05 15:10

The fate of casino gambling in Massachusetts may hinge on a case before the state's highest court Monday.

The Massachusetts Supreme Judicial Court is set to hear arguments in a case centered on whether a question should be allowed on the November ballot asking voters if they want the state's 2011 casino law repealed. The court is expected to issue a decision by July.

If allowed on the ballot, the referendum could upend the state's ongoing casino licensing process.

Gambling giants MGM, Wynn, Mohegan Sun and others have expressed concern they could lose millions of dollars they've invested in the planning, development and promotion of their proposals if the referendum prevails. They also argue the state risks losing much more.

"Jobs certainty and billions of dollars in economic development hang in the balance," said Carole Brennan, a spokeswoman for MGM, which has proposed an $800 million casino project in downtown Springfield. "The Gaming Act allows for the creation of more than 10,000 jobs and the recapture of billions of dollars in tax revenues that are currently leaving the state. It doesn't make sense to forgo those opportunities."

State Attorney General Martha Coakley, a Democrat running for governor this year, has ruled that the question violates the state constitution and shouldn't be allowed on the ballot.


Court considers whistleblower free speech rights
Headline Legal News | 2014/04/29 16:12
When Edward Lane testified about corruption at a community college program he headed in Alabama, he was fired.

The Supreme Court on Monday considered whether the First Amendment protects Lane and millions of other public employees from job retaliation when they offer testimony about government misconduct in court.

The high court has previously ruled that the constitutional right to free speech protects public workers only when they speak out as citizens, not when they act in their official roles.

Most justices appeared to side with Lane's view that court testimony revealing official misconduct should be constitutionally protected even if it covers facts a government employee learned at work.

But the justices struggled over whether that protection should automatically cover all public workers, even police officials or criminal investigators whose job duties require them to testify in court about specific cases.


SC Supreme Court hears appeal in fatal dog attack
Headline Legal News | 2014/04/15 13:59
Prosecutors want South Carolina's highest court to reinstate the conviction of a Dillon County man whose dogs attacked and killed a 10-year-old boy in 2006.

The state Supreme Court on Tuesday hears an appeal in the case of Bentley Collins. In 2012, the state Court of Appeals overturned Collins' involuntary manslaughter conviction and prison sentence, ruling a judge shouldn't have allowed prosecutors to show pictures of the boy taken before his autopsy.

The photographs showed the extent of the boy's injuries, including how the dogs mauled him so badly his bones were exposed and his ears and nose were eaten.

The judges said the pathologist testified to the injuries, so the photographs did nothing more than rile the jury's emotions.


High court voids overall contribution limits
Headline Legal News | 2014/04/03 14:48
The Supreme Court struck down limits Wednesday in federal law on the overall campaign contributions the biggest individual donors may make to candidates, political parties and political action committees.

The justices said in a 5-4 vote that Americans have a right to give the legal maximum to candidates for Congress and president, as well as to parties and PACs, without worrying that they will violate the law when they bump up against a limit on all contributions, set at $123,200 for 2013 and 2014. That includes a separate $48,600 cap on contributions to candidates.

But their decision does not undermine limits on individual contributions to candidates for president or Congress, now $2,600 an election.

Chief Justice John Roberts announced the decision, which split the court's liberal and conservative justices. Roberts said the aggregate limits do not act to prevent corruption, the rationale the court has upheld as justifying contribution limits.

The overall limits "intrude without justification on a citizen's ability to exercise 'the most fundamental First Amendment activities,'" Roberts said, quoting from the court's seminal 1976 campaign finance ruling in Buckley v. Valeo.

Justice Clarence Thomas agreed with the outcome of the case, but wrote separately to say that he would have gone further and wiped away all contribution limits.


Michigan won't recognize same-sex marriages
Headline Legal News | 2014/03/28 10:09
Michigan won't recognize more than 300 same-sex marriages performed last weekend before a court halted a decision that opened the door to gay nuptials, Gov. Rick Snyder said Wednesday.

The announcement came a day after an appeals court indefinitely stopped any additional same-sex marriages. It will likely take months for the court to make its own judgment about whether a Michigan constitutional amendment that says marriage only is between a man and a woman violates the U.S. Constitution.
U.S. District Judge Bernard Friedman struck down the gay marriage ban Friday.

Four counties took the extraordinary step of granting licenses Saturday before the 6th U.S. Circuit Court of Appeals ordered a temporary halt. The stay was extended indefinitely on Tuesday.

Snyder acknowledged same-sex couples "had a legal marriage." But because of the court's stay, he added, the gay marriage ban has been restored.

The governor's move closes the door, at least for now, to certain benefits reserved solely for married couples. The American Civil Liberties Union said more than 1,000 Michigan laws are tied to marriage.

"We did our own homework and I believe this is a reasonable legal position to take based on the available literature and law," Snyder told reporters.

Other elected officials have urged the Obama administration to recognize the marriages for federal benefits. The U.S. Justice Department, which previously said it was monitoring the situation, did not immediately comment after Snyder's announcement.


3 California men plead guilty in alleged pot grow
Headline Legal News | 2014/03/10 13:53
Three Northern California men are each facing up to ten years in prison after pleading guilty to charges that they damaged federal conservation land while allegedly growing marijuana.

Prosecutors say Chou Vang, Vang Pao Yang and Pao Vang, all of Eureka, each entered their pleas in federal court in San Francisco on Tuesday to one count of willful injury to federal property.

The men were accused of clearing away trees and vegetation, using fertilizers, and failing to properly dispose of trash while growing pot in the summer of 2012 in the King Range National Conservation Area along California's Lost Coast. The area provides habitat for four federally-listed threatened species, including Chinook and Coho salmon.

As part of a plea deal, prosecutors say they dropped marijuana cultivation charges. The men are scheduled to be sentenced in July.


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