Affichage des articles dont le libellé est Court. Afficher tous les articles
Affichage des articles dont le libellé est Court. Afficher tous les articles

dimanche 29 septembre 2013

Meet The Chief Justice Of America's Secret Supreme Court

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AppId is over the quota

Judge Reggie Walton believes while “we have an obligation to vigorously prosecute people, we don’t do it at all costs.” But the “fair but harsh” judge has overseen a breathtaking expansion of domestic surveillance in the United States.

Read the whole story at BuzzFeed

samedi 28 septembre 2013

In Secret, Court Vastly Broadens Powers of N.S.A.

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AppId is over the quota

In more than a dozen classified rulings, the nation's surveillance court has created a secret body of law giving the National Security Agency the power to amass vast collections of data on Americans while pursuing not only terrorism suspects, but also people possibly involved in nuclear proliferation, espionage and cyberattacks, officials say.

Read the whole story at The New York Times

mercredi 18 septembre 2013

Obama District Court Vacancies So High They're 'Breaking Historic Patterns,' Report Finds

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jeudi 12 septembre 2013

Muslim Girl Must Participate In Co-Ed Swim Class, German Court Decides

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AppId is over the quota

BERLIN -- A court in Germany has ruled that a Muslim girl cannot be excused from mixed-sex swimming lessons on the grounds of religious belief.

The 13-year-old girl from Frankfurt had argued that the sight of bare-chested male pupils breached her religious modesty.

She also claimed that accepting the school's offer that she herself could wear a full-body "burkini" swimsuit in the pool would expose her to discrimination among her peers.

But Germany's Federal Administrative Court ruled Wednesday that it was reasonable to compromise between the girl's religious freedom and the state's duty to educate its citizens.

The dpa news agency reported that the unnamed girl's father said before the verdict that he would accept the ruling.

About 5 percent of Germany's population of 80 million is Muslim.

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mardi 3 septembre 2013

Elgin Gangs: Chicago Suburb Battles Street Gang Members In Civil Court

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AppId is over the quota

CHICAGO -- One suburban Chicago community wary of street gang activity is flexing some legal muscle and facing off against the group in an uncommon venue: civil court.

The city of Elgin, in a lawsuit recently filed on its behalf by the Kane County prosecutor, is seeking an injunction that would bar 25 reputed members of the Maniac Latin Disciples from associating with each other.

The 38-page suit also asks a judge to prohibit members from engaging in a lengthy list of other activities, from showing gang hand signs and carrying spray-paint cans to wearing hats emblazoned with the letter `D.'

"When there are criminal penalties, we can pressure gangs in criminal court," Kane County State's Attorney Joe McMahon told The Associated Press in a phone interview Wednesday. "The civil suit is another tool that's available."

Chicago remains the regional hub of street-gang activity, but gangs have increasingly moved into surrounding suburbs like Elgin as demographics shift and gangs bid for new drug markets.

Prosecutors typically go after gangs using criminal drug, gun or racketeering statutes. But Elgin, which has a population of about 100,000 people, is using Illinois' 1993 Streetgang Terrorism Omnibus Prevention Act, meant to thwart gangs via civil injunctions.

The law is rarely used, though several other counties have occasionally deployed it. Kane County has used it twice before – in 2010 against Latin Kings in Elgin and in 2012, against Aurora's Latin Kings.

There's a lower threshold of proof in civil cases. And defense lawyers criticize the 1993 civil law, saying it unfairly provides prosecutors a backdoor to curtail someone's freedom of movement and association.

"You are taking away rights without the due process we get in criminal courts," said Elgin-based criminal attorney, Liam Dixon, who has represented gang members in the Kane County cases.

To win in court, attorneys for the city must demonstrate that each defendant has been previously convicted in criminal court for gang-related crimes and that they remain part of the gang.

But Dixon says court-ordered prohibitions can end up applying to people only casually affiliated with gangs or to one-time members who have long since left their gang life behind.

McMahon, the state's attorney, said the civil law had previously survived constitutional challenges, though he expected similar challenges from defense attorneys again.

If Elgin prevails, a gang member engaging in one of the prohibited activities can be charged with a misdemeanor. Once stopped, they also can be searched, potentially leading to more serious charges.

Previous cases filed by the county specified areas where the gang members were barred from meeting, but the latest suit does not – opening the door to the possibility the prohibitions would be statewide.

The suit also seeks unspecified monetary damages for the gang's past illegal activities.

An initial hearing in the case is set for Oct. 8.

___

Follow Michael Tarm at http://www.twitter.com/mtarm

dimanche 1 septembre 2013

Improved: 10 things that happened immediately after the Supreme Court of Gay Rights resolutions

The Supreme Court issued two rulings on landmark gay rights on Wednesday, striking down the law on defense of marriage — a law which forbade the Government recognize same-sex marriages - and dismiss a suit of the supporters of proposition 8 in California ban on gay marriage.

It didn't take long to make the decisions take effect. Below is a list of policies changed and events that took place in the aftermath of the sentences:

(1) Equal military benefits were offered to Gay service members

Chuck Hagel Defense Secretary announced that the Pentagon would begin immediately offering equal benefits to members of the gay and their families.

"The Department of Defense celebrates the Supreme Court's decision today on the defense of Marriage Act," Hagel said in a statement. "The Department will immediately begin the process of implementation of the decision of the Supreme Court in consultation with the Department of Justice and other agencies of the Executive branch. The Defense Department intends to make the same benefits available to all military spouses - regardless of sexual orientation - as soon as possible. Now it is the law and is the right thing."

Husband 2.) Sean Brooks was protected from deportation

New Yorker are Brooks is officially married with her Colombian husband, Steven. With DRESSAGE, however, the federal Government does not recognize their nuptials, which means Steven request for a green card as the spouse of a citizen was denied. Later were rejected more claims based on their marriage, and husband of Brooks was facing deportation to Colombia. Once the Supreme Court, however, a New York immigration court apparently stopped the deportation process immediately.

(3) Some 28.500 other binational same-sex couples also breathed a sigh of relief

As HuffPost Elise Foley reports, Brooks and her husband were not the only ones facing potential deportation due to the refusal of the Government to conjugal visa applications:

They are among an estimated 28,500 binational same sex couples who have been excluded from immigration benefits because of DOMA, which does not allow the federal Government to recognize their marriages. Ruling of the Supreme Court on Wednesday does not entirely solve the problem - couples should marry instead of partners and must travel to a State that allows marriage between people of the same sex if they do not live in one - but it is still a great victory for LGBT rights.

4.) Married Gay couples began making room in their wallets for Extra money

With ido DRESSAGE, marriages of people of the same sex living in States with marriage equality are released from the taxes burdensome requirements that left them with a ticket to me. As reported by CNN Money, will now be able to transfer assets to one another with less expenses and filing their taxes on federal income jointly. At least a couple is trying to amend their tax returns for the last three years to get some of the additional taxes that paid for the DRESSAGE.

If you support equality and the idea of the IRS having to do more work, this is a win - win for you.

Click on CNN Money for more.

(5) Present easier for some Gay couples get health insurance

In addition to the benefits of direct taxes, same-sex couples live in States where gay marriage is legal will be eligible to receive a tax deduction in the dependent's coverage sponsored by the employer, Tara Culp-Ressler high school progress reports that. Federal subsidies for health insurance through Obamacare markets coverage will also be available to these couples, as a federal deduction for spouse coverage.

Click on progress of thinking for more information about how the DOMA decision affects health for the married gay couples.

(6.) President Barack Obama may or may not have fist-pumped


7.) Glenn Greenwald decided that it would be time to move to the United States

Journalist for the Guardian Glenn Greenwald said Board on Wednesday that he considered returning to the States, now that the federal Government recognized his marriage with his Brazilian partner, David Michael Miranda. Greenwald has lived in Brazil for the past eight years, and said that it would need to consider the response outraged by some government officials to report on massive NSA surveillance programs before making a final decision.

(8.) Got engaged these guys

Paul Katami and his partner, Jeff Zarrillo, were plaintiffs in the case of proposition 8. They have been together since 1998, and on Wednesday, got hitched in front of a crowd on the steps of the Supreme Court.

(9) A Celebrity Chef Put A Ring On It

Ted Allen, host of the food network show "Picado" success, got engaged to her partner of 20 years.

"We have discussed for years," explained Joe Allen HuffPost Satran. "As bright as it is to have States allow the marriage, have always wanted to wait for the real thing, when really he was recognized by the federal Government of the country's largest on Earth."

(10) Even straight couples moves toward marriage

Couple of actor Kristen Bell and Dax Shepard had been holding off to marry officially as a protest against the DOMA. According to Bell, "I do not feel appropriate taking advantage of a right that is denied to my friends [gay and lesbian]." The decision of the Supreme Court appeared to tip scale on Wednesday.

Bell appeared officially propose in a tweet:

Accepted Shepard:

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samedi 31 août 2013

Supreme Court Has Big Rulings Left To Decide, Will Announce More Opinions Tuesday

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WASHINGTON, June 24 (Reuters) - With some big rulings still left in its waning nine-month term, including two on gay marriage and one on voting rights, the U.S. Supreme Court said on Monday it would convene again on Tuesday to announce more opinions.

Chief Justice John Roberts made the announcement after the nine-member court issued its opinions on Monday in five cases, leaving six more to be announced.

Roberts did not say that Tuesday would be the last day of the term, leaving open the possibility of more sessions this week. The term begins on the first Monday of October, and the court traditionally recesses for the summer the last week of June.

(Reporting by Joan Biskupic; Editing by Howard Goller and Will Dunham)

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mercredi 7 août 2013

50 Cent Due In Court On Domestic Violence Charge After Allegedly Attacking Ex-Girlfriend

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LOS ANGELES — Rapper and actor 50 Cent faces arraignment on charges that he attacked his ex-girlfriend and trashed her condo.

The hearing for the singer, whose real name is Curtis Jackson, was scheduled for Monday.

If convicted, the "In Da Club" singer faces up to five years in jail and $46,000 in fines.

The woman told police that during a June 23 argument, Jackson began destroying property at her Toluca Lake condo before she locked herself in a bedroom. She says Jackson kicked open the bedroom door and kicked her, causing injury.

Police estimated about $7,100 in damage to the home.

The woman told police she had been in a three-year relationship and has a baby with Jackson, who has referenced drug dealing and violence in many songs.

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dimanche 21 juillet 2013

Nicole Maines, Transgender Student, Goes To Maine High Court

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BANGOR, Maine -- Lawyers for a transgender girl and an elementary school that required the fifth-grader to use a staff bathroom instead of the girls restroom clashed before Maine's highest court Wednesday over whether her rights were violated, a case that lays bare the difficult decisions facing school administrators.

The family and the Maine Human Rights Commission sued, but a judge in the state's lower Superior Court ruled that the Orono school district acted within its discretion by requiring her to use a staff bathroom after there was a complaint about the student using the girls bathroom.

After Wednesday's hearing, the student, Nicole Maines, who's now 15 and attending a high school in southern Maine, said she wouldn't wish her experience on anyone else and hope the justices hear her out.

"I hope they understood how important it is for students to be able to go to school and get an education and have fun and make friends, and not have to worry about being bullied by students or administration, and be accepted for who they are," the sophomore said.

At issue is whether the school violated the Maine Human Rights Act, which bars discrimination based on sex or sexual orientation. But state law also requires separate bathrooms for boys and girls in schools.

Melissa Hewey, lawyer for the school and school district, said afterward it should be up to the Legislature to clarify the issue.

"To the extent that the people in Maine decide that this law in Maine should be changed, then that should be done. But right now the law is what it is, and our school district didn't violate it," she said.

The case goes beyond just the bathroom issue to the broader question of what's best for transgender students, said Jennifer Levi, director of Transgender Rights Project for the Gay & Lesbian Advocates & Defenders.

"At the core of this case is whether the promise of equal educational opportunities for transgender students is realized," she said.

It's a topic that school administrators are grappling with nationwide.

Policies about transgender adults are still evolving, and the thinking about how to handle children who identify with the gender opposite of the sex they're born with is even more complex.

Last year, the American Psychiatric Association removed "gender identity disorder" from its list of mental health ailments. And the Maine Chapter of the American Academy of Pediatrics filed a brief urging that transgender children be allowed to use the bathroom of their choice.

In the Maine case, Nicole Maines is a biological male who from an early age identified as a girl.

School officials initially allowed her to use the girls bathroom in her school, but the policy was altered after the grandfather of a fifth-grade boy complained to school officials. Maines' attorneys said she felt like she was singled out by having to use the staff bathroom.

The family and their child are not identified in the lawsuit alleging discrimination under the Maine Human Rights Act. But they've since been identified Wayne and Kelly Maines and their identical twins, Nicole and Jonas.

Wayne Maines struggled to maintain his composure as he gave a brief statement outside the Penobscot Judicial Center, where the Maine Supreme Judicial Court heard the arguments.

"It has been extremely difficult, but I'm pleased to be here and to have our case heard, and I'm very hopeful for a good outcome," he said, with Nicole, Jonas and his wife at his side.

___

Follow David Sharp at http://twitter.com/David_Sharp_AP

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