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As time runs out, dozens of judge nominees waiting on Senate
Law & Court News |
2016/10/18 20:14
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Federal judges in New Jersey have struggled with a workload approaching 700 cases each, nearly double what's manageable, because of judicial vacancies. In Texas, close to a dozen district judgeships remain open, more than in any other state.
Senate confirmation of President Barack Obama's nominees slowed to a halt this election year, a common political occurrence for the final months of divided government with a Democratic president and a Republican-controlled Senate. The vacancy on the Supreme Court attracted the most attention as Republicans refused to even hold confirmation hearings for Merrick Garland, insisting that the choice to fill the vacancy created by the death of Justice Antonin Scalia in February rests with the next president.
But more than 90 vacancies in the federal judiciary are taking a toll on judges, the courts and Americans seeking recourse. Obama has nominated replacements for more than half of those spots, including 44 nominees for the district court and seven for the appeals court. Yet the Senate has confirmed only nine district and appeals court judges this year — and only four since Scalia died. |
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Court hearing on potential Ontario ban of Indians name, logo
Top Court Watch |
2016/10/17 20:14
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A Toronto court will hear arguments on an attempt to bar the Cleveland Indians from using their team name and logo in Ontario.
The legal challenge by indigenous activist Douglas Cardinal comes on the same day the baseball team takes on the Toronto Blue Jays in Game 3 of the American League Championship Series in Toronto.
Cardinal's lawyers will ask the court Monday to bar the usage of the name and logo by the team, Major League Baseball and Toronto team owner Rogers Communications, which is broadcasting the game in Canada.
The logo, called Chief Wahoo, is a cartoon man with red skin and a feather in his headband.
Cardinal says they shouldn't be allowed to wear their regular jerseys, the logo shouldn't be broadcast and the team should be referred to as "the Cleveland team."
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Lithuania wants Gorbachev to testify in war crimes trial
Law Firm Press Release |
2016/10/16 20:14
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A Lithuanian court has called former Soviet leader Mikhail Gorbachev to testify in a mass trial related to the 1991 crackdown on the country's independence movement.
Gorbachev and Russian authorities haven't answered previous requests so it's unlikely he would comply with Monday's request from the Vilnius district court.
The case involves more than 60 former Soviet officials charged with war crimes and other offenses for their roles in a crackdown on pro-independence demonstrators that left 14 people dead in January 1991, when Gorbachev was still in power.
The judges approved a request by one of the plaintiffs in the case to call Gorbachev to the court as a witness.
Only two defendants are present in court. Others, mainly citizens of Russia, Ukraine and Belarus, are being tried in absentia.
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Rights group criticizes Polish law of weakening top court
Attorney Blog News |
2016/10/14 11:42
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An international human rights body on Friday criticized recently enacted legislation in Poland regulating the nation's top legislative court, saying the law "gives excessive power to parliament and the executive over the judiciary."
The Venice Commission, a group of constitutional law experts with the Council of Europe, the continent's top human rights watchdog, issued its opinion during a meeting in Venice, Italy.
The Polish government refused to send representatives to the meeting, accusing the commisison of political bias and of refusing to take Warsaw's position into account.
It is the latest development in a long-running crisis in Poland surrounding the Constitutional Tribunal, which is charged with evaluating the constitutionality of disputed legislation. The court therefore plays a key role in Poland's system of democratic checks and balances.
The European Union, United States and many Poles also have expressed concerns about the Polish government's attempts to change how the court works. The changes have effectively weakened the court's ability to strike down disputed new laws governing other matters, including police surveillance and government control of public media.
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Court fight over Ohio executions likely to focus on sedative
Topics in Legal News |
2016/10/13 22:07
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Ohio says it's resuming executions in January with a three-drug protocol similar to one it used for several years.
The concept is one adopted for decades by many states: the first drug sedates inmates, the second paralyzes them, and the third stops their hearts.
The key difference comes with the first drug the state plans to use, midazolam, which has been challenged in court as unreliable.
The state argues that a planned dose of 500 milligrams will ensure that inmates are properly sedated.
Defense attorneys say it's unclear what a much bigger dose would achieve.
Last year, the U.S. Supreme Court ruled 5-4 that midazolam can be used in executions without violating the Eighth Amendment prohibition on cruel and unusual punishment.
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