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Bangladesh court orders 231 factories closed to save river
Legal Marketing News | 2020/01/20 16:00
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.


Connecticut courts moving notices from newspapers to website
Legal Marketing News | 2019/12/26 09:01
The Connecticut court system will usher in the new year by moving required public notices to its website and out of newspapers, citing lower costs and the potential to reach a wider audience.

Media representatives, however, believe the move will result in fewer residents being informed of important legal matters and will be another blow to news companies already dealing with huge declines in revenues. A single public notice can cost a few hundred dollars to run in a newspaper.

It's a concept that's been debated by government officials across the country, but so far one that appears to have gained little traction amid opposition by newspapers.

“State government’s thirst for keeping information out of the public hands knows no bounds," said Chris VanDeHoef, executive director of the Connecticut Daily Newspapers Association. “Every branch of government in our state should be focused on getting information that is pertinent to the citizens of Connecticut out in as many places possible — not fewer.”

The Connecticut Judicial Branch has set up a legal notices section on its website that will go live on Jan. 2, when it ends the requirement to publish them in newspapers.

“It is expected that this will save a great deal of time and expense, and provide greater accuracy and broader notice than newspaper publication," the Judicial Branch said in a statement on its website announcing the move.

Most of the notices at issue are intended for people involved in civil and family court cases, usually defendants, who cannot be located because their current addresses are unknown. While a good portion of the publishing costs are paid for by litigants, the Judicial Branch foots the bill for a large number of people who cannot afford it, officials said.



Court to consider bathroom use by transgender student
Legal Marketing News | 2019/12/06 00:21
A transgender student’s fight over school bathrooms comes before a federal appeals court Thursday, setting the stage for a groundbreaking ruling.

The 11th U.S. Circuit Court of Appeals in Atlanta will hear arguments about whether a Florida school district should be ordered to allow students to use the bathroom that matches their gender identity.

Drew Adams, who has since graduated from Nease High School in Ponte Vedra, won a lower court ruling last year ordering the St. Johns County school district to allow him to use the boys’ restroom. The district has appealed, arguing that although it will permit transgender students to use single-occupancy, gender-neutral restrooms, it shouldn’t be forced to let students use the restroom of the gender they identify with.

The 11th Circuit could become the first federal appeals court to issue a binding ruling on the issue, which has arisen in several states. The ruling would cover schools in Florida, Georgia and Alabama, and could carry the issue to the U.S. Supreme Court.

The 4th Circuit had ruled in favor of a Virginia student, but the Supreme Court sent the case back down for further consideration. That’s because the U.S. Department of Education, under President Donald Trump, withdrew guidance that said federal law called for treating transgender students equally, including allowing them to use the bathroom that matches their gender identity.



Afghanistan probe appeal begins at Hague international court
Legal Marketing News | 2019/12/04 00:22
The International Criminal Court opened a three-day hearing Wednesday at which prosecutors and victims aim to overturn a decision scrapping a proposed investigation into alleged crimes in Afghanistan’s brutal conflict.

Fergal Gaynor, a lawyer representing 82 Afghan victims, called it “a historic day for accountability in Afghanistan.”

In April, judges rejected a request by the court’s prosecutor, Fatou Bensouda, to open an investigation into crimes allegedly committed by the Taliban, Afghan security forces and American military and intelligence agencies.

In the ruling, which was condemned by victims and rights groups, the judges said that an investigation "would not serve the interests of justice" because it would likely fail due to lack of cooperation.

The decision came a month after U.S. Secretary of State Mike Pompeo banned visas for ICC staff seeking to investigate allegations of war crimes and other abuses by U.S. forces in Afghanistan or elsewhere.

“Whether the two events are in fact related is unknown, but for many ? victims as well as commentators ? the timing appeared more than coincidental,” said lawyer Katherine Gallagher, who was representing two men being held at the Guantanamo Bay detention facility.

The United States is not a member of the global court and refuses to cooperate with it, seeing the institution as a threat to U.S. sovereignty and arguing American courts are capable of dealing with allegations of abuse by U.S. nationals.



Ohio court will hear case over bullying, teacher liability
Legal Marketing News | 2019/11/29 00:27
The Ohio Supreme Court this week agreed to hear a case over whether educators were reckless in failing to prevent an injury to a student even though they had been notified she was being bullied by a fellow kindergartner.

The court will consider whether teachers and principals can be sued when a student is bullied under their supervision, The (Toledo) Blade reported.

In this case, one girl reportedly punctured another girl’s cheek with a pencil at Toledo’s DeVeaux Elementary School several years ago.

A Lucas County court concluded a teacher and two principals were protected from the resulting lawsuit by statutory immunity. But a 2-1 ruling by a state appeals court panel resurrected the lawsuit on the recklessness issue.

State law makes educators immune from liability unless they act with “malicious purpose, in bad faith, or in a wanton or reckless manner.”

The appeals court panel concluded there was some evidence of ongoing verbal and physical abuse in the Toledo case but no sign that attempts were made to keep the two girls apart.



Justices take up high-profile case over young immigrants
Legal Marketing News | 2019/11/11 13:22
The Supreme Court is taking up the Trump administration’s plan to end legal protections that shield 660,000 immigrants from deportation, a case with strong political overtones amid the 2020 presidential election campaign.

All eyes will be on Chief Justice John Roberts when the court hears arguments Tuesday. Roberts is the conservative justice closest to the court’s center who also is keenly aware of public perceptions of an ideologically divided court.

It’s the third time in three years that the administration is asking the justices to rescue a controversial policy that has been blocked by several lower courts.

The court sided with President Donald Trump in allowing him to enforce the travel ban on visitors from some majority Muslim countries, but it blocked the administration from adding a citizenship question to the 2020 census.

Roberts was the only member of the court in the majority both times, siding with four conservatives on the travel ban and four liberals in the census case. His vote could be decisive a third time, as well. With Congress at an impasse over a comprehensive immigration bill, President Barack Obama decided to formally protect people from deportation while also allowing them to work legally in the U.S.

But Trump made tough talk on immigration a central part of his campaign and less than eight months after taking office, he announced in September 2017 that he would end DACA.



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