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Court to hear arguments on Maryland political ads law
Top Court Watch | 2019/10/23 20:40
After revelations of Russian meddling in the 2016 presidential election, Maryland legislators passed a law that many believe has a laudable purpose: preventing foreign interference in local elections.

But its sweeping scope sparked a First Amendment outcry from more than a half dozen newspapers, including The Washington Post and The Baltimore Sun.

Now, a federal appeals court is being asked to decide whether the law goes too far. The 4th U.S. Circuit Court of Appeals is set to hear arguments in the case Wednesday.

The newspapers and the Maryland-Delaware-D.C. Press Association argue in a lawsuit that the statute violates the First Amendment because it requires them to collect and self-publish information about the sponsors of online political ads. It also requires them to keep records of the ads for inspection by the state Board of Elections.

U.S. District Judge Paul Grimm ruled in January that parts of the law appear to encroach on the First Amendment and granted a preliminary injunction to prevent the state from enforcing those provisions.

At issue is a requirement for online platforms to create a database identifying the purchasers of online political ads and how much they spend. The law, written to catch ads in smaller state and local elections, applies to digital platforms with 100,000 or more monthly U.S. visitors.


Schiff: WH Building ‘Powerful’ Impeachment Case
Top Court Watch | 2019/10/21 20:40
House Intelligence Committee Chairman Adam Schiff says President Donald Trump’s administration is “building a powerful case” for impeachment as a former White House national security adviser defied a subpoena on Monday.

Charles Kupperman failed to show up for a scheduled deposition Monday after asking a federal court in Washington for guidance on whether he was legally required to do so.

Schiff, who is leading the impeachment probe, says Kupperman’s suit has “no basis in law” and speculated that the White House didn’t want him to testify because his testimony could be incriminating. Democrats are investigating Trump’s overtures to the Ukrainian government to pursue politically motivated investigations.


Samsung heir Lee appears in court for corruption retrial
Law & Court News | 2019/10/16 20:40
Billionaire Samsung scion Lee Jae-yong appeared in court Friday for a retrial on corruption allegations linked to a 2016 scandal that spurred massive street protests and sent South Korea's then-president to prison.  

"I feel deeply sorry for worrying many people," Lee said while facing a barrage of camera clicks before walking into the Seoul High Court with his lawyers. He didn't answer questions about the prospects of a jail term or how that would affect Samsung's business. Some protesters shouted "Arrest Lee Jae-yong!"

The Supreme Court in August ordered the retrial after concluding the amount of bribes Lee was accused of providing to ex-President Park Geun-hye and her confidante had been underestimated in a previous ruling that freed the Samsung Electronics vice chairman from jail on a suspended sentence.

While Lee apparently faces an increased possibility of serving jail time in the retrial, it's unclear what that would mean for Samsung, the world's largest manufacturer of computer chips, smartphones and TVs.

Some experts say a jailed Lee would hurt Samsung's decision-making process at a critical time as the company grapples with instability in the semiconductor market and ramifications from the trade war between the United States and China.


Alaska Supreme Court hears youth climate change lawsuit
Law Firm Press Release | 2019/10/13 20:00
An Alaska law promoting fossil fuel development infringes on the constitutional rights of young residents to a healthy environment, a lawyer told Alaska Supreme Court justices on Wednesday.

A lawsuit filed by 16 Alaska youths claimed long-term effects of climate change will devastate the country’s northernmost state and interfere with their constitutional rights to life, liberty and public trust resources that sustain them.

The state’s legislative and executive branches have not taken steps to lower greenhouse gas emissions and adopted a policy that promotes putting more in the air, said attorney Andrew Welle of the Oregon-based Our Children’s Trust group.

“This is an issue that is squarely within the court’s authority,” Welle said.

Assistant Attorney General Anna Jay urged justices to affirm a lower court ruling rejecting the claims. Ultimately, the climate change issues raised by Alaska youth must be addressed by the political branches of government, she said.

“The court does not have the tools to engage in the type of legislative policy making endeavor required to formulate a broad state approach to greenhouse gas emissions,” she said.

The 16 youths sued in 2017 and claimed damages by greenhouse gas emissions are causing widespread damage in Alaska. The lawsuit said the state has experienced dangerously high temperatures, changed rain and snow patterns, rising seas, storm surge flooding, thawed permafrost, coastal erosion, violent storms and increased wildfires.


Analysis: Louisiana figures in 2 major Supreme Court cases
Attorney Blog News | 2019/10/11 20:01
Among cases on the U.S. Supreme Court docket for the term that began this month, two Louisiana cases stand out — one because of its implications for criminal justice in the state, the other because of what it portends for abortion rights and access nationwide.

And, both, in part, because they deal with matters that, on the surface, might appear to have been settled.

Yes, voters approved a constitutional amendment requiring unanimous jury verdicts in felony cases — following Pulitzer Prize winning reporting by The Advocate on the racial impacts of allowing 10-2 verdicts. But sometimes lost amid celebrations of the measure’s passage is its effective date: it applies to crimes that happened on or after Jan. 1 of this year.

No help to people like Evangelisto Ramos, who was convicted on a 10-2 jury vote in 2016 of second-degree murder in the killing of a woman in New Orleans. Ramos is serving a life sentence with no chance of parole.


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