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High Court Agrees to Hear Indecency Case
Legal Blog News |
2008/03/17 17:00
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| The Supreme Court will decide whether it is indecent when some foul-mouthed celebrity drops the F-word on live television, stepping into its first major broadcast indecency case in 30 years.pThe high court said Monday it will hear arguments in a case over whether the government can ban fleeting expletives, one-time uses of familiar but profane words./ppThe case grew out of decision by the Federal Communications Commission in 2006 that two broadcasts of the Billboard Music Awards show were indecent, though the agency levied no fines. Cher uttered one fleeting expletive beginning with F and Nicole Richie uttered a variation of the same word and another one beginning with S./ppFox Broadcasting Co. and others appealed the decision, saying that the agency had changed its enforcement policy without warning and that the new ban was unconstitutional./ppA federal appeals court in New York agreed, 2-1, throwing out the ban and sending the case back to the agency, which appealed to the Supreme Court./ppFCC Chairman Kevin Martin told The Associated Press Monday that he was pleased the justices are stepping in. He said the appeals court had put the commission in an untenable position by giving it the responsibility to enforce indecency rules but not the tools to take action./p |
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Attorney General To Argue a Case Before High Court
Legal Blog News |
2008/03/13 14:35
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pAttorney General Michael B. Mukasey, who spent most of his adult life as a federal prosecutor and a judge, will return to the courtroom later this month to argue a case before the Supreme Court, officials said yesterday. /ppMukasey will urge the justices to reinstate a sentence overturned by an appeals court in the case of Ahmed Ressam, an al-Qaeda operative convicted of a plot to blow up Los Angeles International Airport in 1999. /ppThe last attorney general to handle a case before the high court was Janet Reno in 1996, court officials said. William P. Barr and Richard Thornburgh also argued cases while serving as attorneys general in the administration of George H.W. Bush. /ppJustice Department spokesman Peter A. Carr said there is a custom, not always followed, for attorneys general to argue at least one Supreme Court case during their term. He declined to comment on why Mukasey chose the Ressam case. /ppMukasey, 66, is a retired federal judge who oversaw several high-profile terrorism-related trials while on the bench in New York City. He is scheduled to appear for Supreme Court arguments on March 25 and plans to conduct moot-court sessions to prepare, officials said. /ppRessam was arrested near the U.S.-Canada border in December 1999 after customs agents found 124 pounds of explosives in the trunk of his car as he disembarked from a ferry in Port Angeles, Wash. He was convicted in 2001 of nine charges in connection with the plot, but after ceasing cooperation with the FBI was sentenced to 22 years in prison in 2005. /ppThe U.S. Court of Appeals for the 9th Circuit threw out the sentence in 2007 after finding that one of the charges was applied improperly. The federal government disagrees and wants the sentence reinstated.
/p |
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Touro chief says law school not for sale
Legal Blog News |
2008/03/05 12:50
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| pDiscussions about the sale of the Touro Law Center to Stony Brook University never made it past the preliminary stage, Stony Brook president Shirley Strum Kenny said yesterday./ppWe had very preliminary talks, Kenny said. We were certainly not at the point of negotiating./ppBernard Lander, founder and president of Touro College, whose main campus is in Manhattan, said yesterday he would never sell the law school. The college operates the Jacob D. Fuchsberg Law Center in Central Islip./ppI never met with anybody or spoke to anybody at the state university, Lander said in an interview. I had one meeting with Sen. [Kenneth] LaValle. Period. I never negotiated with anybody. Lander said that when Touro law school dean Lawrence Raful asked him for his opinion and that of the school's board, I said the law school charter is never for sale. Period./ppTalk of a possible sale surfaced in early February in an effort to make Stony Brook the second university after the University of Buffalo in the State University of New York system to have a law school./ppKenny confirmed she and Lander had never met to discuss the law school. There were conversations with people in the law school, she said, but they were very preliminary discussions. We never got into any negotiations./ppKenny said those discussions did serve a purpose: They revived the idea of adding a law school at Stony Brook./ppDr. Kenny and I have agreed to move forward and look at and explore the possibility of establishing our own law school at Stony Brook, said LaValle (R- Port Jefferson)./ppIt's not a new concept, Kenny said, noting that university officials first considered the addition of a law school in the 1970s and then again in the 1980s. But now people feel it's the last piece of putting together a major research university. ... It's something we will be considering very seriously./ppThough no agenda has been put in place, Kenny said a committee will be formed to study the feasibility of building a law school. I think there is a lot of interest now in the possibility of developing a law school at Stony Brook. Now, nothing has happened on that score./p |
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California Supreme Court in gay marriage storm
Legal Blog News |
2008/03/05 12:10
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A lawyer for gay married couples argued Wednesday that a law that denies them a host of federal benefits given to heterosexual couples amounts to "across-the-board disrespect" and should be struck down as unconstitutional.
The 1996 federal Defense of Marriage Act, which defines marriage as a union between a man and a woman, is being challenged in two cases before the 1st U.S. Circuit Court of Appeals. The law also prevents the federal government from recognizing same-sex marriages.
In arguments to the court, Paul Clement, a lawyer for the Bipartisan Legal Advisory Group, defended the law, saying Congress had a rational basis for passing the law known as DOMA in 1996, when it appeared Hawaii would become the first state in the nation to legalize gay marriage and opponents worried that other states would be forced to recognize such marriages.
Clement said Congress wanted to preserve a traditional and uniform definition of marriage. He also argued that Congress has the power to define the terms used in federal statutes to distribute federal benefits.
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Ex-Alaska Governor's top aide to plead guilty
Legal Blog News |
2008/03/04 21:26
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| A top aide to former Alaska Gov. Frank Murkowski admitted on Monday to fraud as part of a wide-ranging corruption conspiracy that has ensnared several state politicians and implicated many of Alaska's top political figures.span id=midArticle_1/spanpJim Clark, who was the former governor's chief of staff, agreed to plead guilty to a single count of conspiracy fraud in a filing in U.S. District Court in Anchorage. He was scheduled to enter his plea at an arraignment hearing on Tuesday./pspan id=midArticle_2/spanpClark admitted to taking $68,550 in illegal contributions from the state's largest oil-services company, VECO Corp, for Murkowski's failed 2006 reelection bid in exchange for working on VECO's behalf to secure an industry-friendly version of tax legislation, according to the plea agreement./pspan id=midArticle_3/spanpHe is the first official from the Murkowski administration to be charged in a federal criminal investigation that has so far resulted in convictions of three former state lawmakers, the indictment of a fourth and guilty pleas from two top VECO executives and one former lobbyist./pspan id=midArticle_4/spanpMurkowski, who was also a former U.S. senator, was soundly defeated in the 2006 Republican primary by Sarah Palin, Alaska's current governor who ran as an anti-corruption reformer./pspan id=midArticle_5/spanpClark and VECO conspired to hide the illegal contributions in a manner so that the public would be deceived and the payments would not be disclosed, as required by law, according to charging documents./pspan id=midArticle_6/spanpThe federal investigation centers around a revision of an oil-tax law that passed the state legislature in 2006 at Murkowski's urging. Bill Allen and Rick Smith, two former VECO executives, pleaded guilty to bribing state lawmakers for a pro-industry version of the bill and other favorable actions./pspan id=midArticle_7/spanpFormer state Senate President Ben Stevens, son of powerful U.S. Senator Ted Stevens, received much of that bribe money, Allen and Smith testified in court last year./p |
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