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Kan. House debates forcing lawsuit over casino
Topics in Legal News |
2011/04/28 09:23
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div class=entrydiv class=articleThe Kansas House is debating whether it should force the attorney general to file a lawsuit over a proposed state-owned casino south of Wichita.
A resolution being discussed Thursday would require Attorney General Derek Schmidt to sue the state Racing and Gaming Commission's over its decision to allow a casino near Mulvane.
Iowa-based Peninsula Gaming plans to build a $260 million casino complex 18 miles south of Wichita.
Critics question whether the commission's decision in January was premature.
They cite misdemeanor campaign finance charges pending against the company and two top executives in Iowa. Company officials have said they're confident the case will be resolved in their favor, and they've started work on the casino.
Kansas law allows one legislative chamber to direct the attorney general to file a lawsuit.
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Media ask court to unseal gay marriage trial tapes
Topics in Legal News |
2011/04/19 09:04
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Media organizations are joining lawyers for two-same-sex couples in urging a federal appeals court to release videotapes of a lower court trial on California's gay marriage ban.
The 13 organizations, which include The Associated Press, argued in a motion filed Monday with the 9th U.S. Court of Appeals that the videos are court records that the First Amendment requires to be open to the public.
Sponsors of voter-approved Proposition 8 asked the 9th Circuit last week to keep the tapes sealed and to order the trial's presiding judge to return his personal copies.
The move came after now-retired Judge Vaughn Walker, who declared Proposition 8 unconstitutional, used a brief segment of the video in several public talks. |
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Law firms may be forced to publish diversity figures
Topics in Legal News |
2010/09/05 07:28
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| pJustice may be blind, but the legal profession isn't, and from next year the public may get to see just what kind of people they are buying their legal services from./pp sizset=65 sizcache=0The a title= href=http://www.legalservicesboard.org.uk/font color=#005689Legal Services Board (LSB)/font/a, the body responsible for overseeing the regulation of lawyers in England and Wales, is mulling over a title= href=http://www.legalfutures.co.uk/latest-news/firms-and-chambers-face-obligation-to-publish-staff-diversity-and-class-data-from-next-yearfont color=#005689plans that would require law firms and chambers to compile and publish comprehensive diversity information about their staff/font/a . This would include the seven diversity strands – age, disability, gender, race, religion or belief, sexual orientation and working patterns – plus social mobility./ppThe work is the latest in a string of initiatives aimed at changing the profile of the profession. However, the headline statistics are pretty good. Women have made huge strides over the last 40 years and it will not be long before they make up the majority of solicitors, while black and minority ethnic (BME) lawyers are over-represented in the profession in proportion to the population as a whole./ppBut this only tells part of the story. The LSB notes that much of the work has focused, successfully, on entry level. For example, only a quarter of law firm partners are women, and a mere 3.5% of partners in the biggest 150 firms are BME. The anticipated 'trickle up' effect has not materialised, it says. There is also evidence of significant pay differentials, as well as concern that the impressive BME statistics mask significant under-representation for some groups, such as African-Caribbean men and Bangladeshi women./p |
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Murder conviction of mom reversed in California
Topics in Legal News |
2010/08/03 08:53
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pAn appeals court panel has reversed the murder conviction of a mother accused of driving her teenage son and his friends to a Southern California park where a 13-year-old rival gang member was stabbed to death./ppThe 2nd District Court of Appeal panel ruled 2-1 on Monday that jurors in the case of 33-year-old Eva Daley were given an impermissibly ambiguous jury instruction during the 2008 trial./ppAssociate Justice Laurie D. Zelon wrote that case records don't show the jury based its verdict on a legally valid theory, so the conviction should be reversed./ppDaley had been convicted of second-degree murder for the 2007 death of Jose Cano./ppProsecutors argued that Daley wanted revenge because Cano allegedly stabbed her son six months earlier.
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Judicial Vacancies Slow the Wheels of Justice
Topics in Legal News |
2010/07/12 10:06
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| pAs the Senate prepares to vote on whether Elena Kagan should fill the vacancy on the U.S. Supreme Court, there remain a substantial number of other vacancies in the nation’s lower federal courts that urgently need filling. /ppCurrently, there are about 100 vacancies in the lower federal courts. The American Bar Association says the lack of judges is affecting the efficiency and fairness of the justice system. /ppABA President Carolyn B. Lamm said, “Our courts are already terribly strained at the federal level because of the caseload and the workload, and when you’re a hundred justices down…that’s a big gap.nbsp; We have speedy trial rules that require them to put criminal cases first.nbsp; As a result, all of the civil proceedings are put off and there is a real gap in terms of a significant delay as a result of the vacancies. It is edging toward a crisis not to have a full bench.” /ppEven if all the vacancies were filled, said Lamm, a significant number of new judgeships would still be necessary to handle caseload growth.nbsp; In fact, the Judicial Conference of the United States is recommending 67 new permanent and temporary judgeships.nbsp; /ppBeyond the existing 100 vacancies, more than 20 additional judges have announced that they will retire in the next several months. Since the start of the 111th Congress, President Obama has made 78 nominations to fill the empty seats, and the Senate has confirmed 36 of the nominees. nbsp; /ppLamm noted that most nominees have moved through the Senate with little dissent and little delay. /ppWhen they finally are scheduled for a vote by the Senate, Lamm commented, “None of them have in fact engendered huge debate on the floor of the Senate….nbsp; No one has seen a pattern of inappropriate people being nominated; it is simply very slow and it really needs a full bipartisan effort to move these nominations. And quite frankly, it is becoming urgent,” said Lamm. /p |
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Law firm probes Skipton ceiling contract clause
Topics in Legal News |
2010/02/25 03:12
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pLaw firm Leon Kaye has launched an investigation into the legal implications of Skipton Building Society’s decision to scrap the ceiling on its standard variable rate./ppMoney Marketing first revealed last month Skipton’s move to scrap the ceiling rate on its SVR, which had meant borrowers would not pay more than 3 per cent above the base rate./ppThe society blamed “exceptional circumstances” for removing the ceiling./ppLeon Kaye Solicitors says such clauses are normally built in to contracts to ensure the lender has some control but it is investigating whether Skipton could be in breach of the Unfair Contract Terms Act 1977./ppLeon Kaye Solicitors’ statement says: “Those borrowers who cannot switch mortgages will be exposed to significant increases in their interest payments despite taking out an SVR for added protection against such rises in the interest rate.
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