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Keyword: activistjudges

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  • CALIFORNIA: Chamber of Commerce ranks state's legal climate low

    04/23/2008 11:59:02 AM PDT · by SmithL · 3 replies · 89+ views
    Sacramento Bee ^ | 4/23/8 | Dale Kasler
    California has the seventh-worst legal climate in the nation for business, according to a survey released Wednesday by a leading business lobby. The U.S. Chamber of Commerce's Institute for Legal Reform said California's legal climate moved up a spot from last year, but was still stuck in 44th place. "California's low ranking is not surprising, given the fact that California courts have a reputation for certifying class action lawsuits that most other jurisdictions would toss out, and that California juries are increasingly likely to award disproportionately large judgments in civil cases,"
  • Home schooling unlawful, says California court

    03/06/2008 1:31:14 PM PST · by fweingart · 313 replies · 1,963+ views
    OneNewsNow ^ | 3/6/2008 | Allie Martin and Jody Brown
    A three-judge panel of the California Court of Appeal has determined parents in that state have no legal right to home school. A Christian attorney in Sacramento says unless the ruling is reversed, literally thousands of students in the Golden State will be subject to criminal sanctions. (click here for special webcast starting at 2 p.m. CST) California Justice H. Walter Croskey has stated in an opinion that "parents who fail to [comply with school enrollment laws] may be subject to a criminal complaint against them, found guilty of an infraction, and subject to imposition of fines or an order...
  • Judge rules casino smoke caused dealer's cancer

    02/13/2008 7:23:36 PM PST · by Eric Blair 2084 · 61 replies · 324+ views
    The Star Ledger ^ | February 13, 2008
    A judge said years of breathing secondhand smoke in an Atlantic City casino gave a dealer lung cancer. Kam Wong never smoked. But a state worker's compensation judge determined a decade of exposure to secondhand smoke at the former Claridge Casino Hotel caused her illness. She was awarded 60 percent disability pay and lost wages for time she missed before and after two surgeries. Her attorney said there was constantly smoke around Wong. Atlantic City passed smoking restrictions for its 11 casinos last April, limiting smoking to no more than 25 percent of the casino floor.
  • GW (George Washington University) law professors endorse Thompson

    12/09/2007 8:11:08 AM PST · by 2ndDivisionVet · 11 replies · 627+ views
    The GW Hatchet ^ | December 6, 2007 Issue | Jennifer Easton
    Three GW law professors have endorsed Republican candidate Fred Thompson's campaign for the presidency, joining the Lawyers for Fred coalition. Professors John Fitzgerald Duffy, Orin Kerr and Michael Abramowicz are members of the Law Professors Committee within the coalition. "Sen. Thompson is proud of his experience working as a federal prosecutor," said Darrel Ng, a spokesperson for the Friends of Fred Thompson campaign. "That's why he decided to form something like that (coalition), because of his background." Ng said that having endorsement groups for presidential candidates is an important part of the campaign process. "In campaigns you try to find...
  • Court stricter on fire control -- Environmental OK needed to clear brush near urban areas.

    12/06/2007 8:10:10 AM PST · by SmithL · 22 replies · 93+ views
    Sacramento Bee ^ | 12/7/6 | Denny Walsh
    In a decision that affects all national forests, a federal appellate court ruled Wednesday that the U.S. Forest Service cannot cut brush and use controlled burns to reduce the risk of wildfires in and near urban areas unless it first performs a detailed assessment of the environmental impact. The ruling, which reversed a 2005 decision by U.S. District Judge Garland E. Burrell Jr. of Sacramento, comes after a devastating fire season that included the destruction of more than 250 homes in the South Lake Tahoe area and a series of Southern California firestorms that displaced hundreds of thousands of residents....
  • Renegade Judge Strikes Down Iowa Defense of Marriage Act

    09/02/2007 8:12:06 PM PDT · by monomaniac · 9 replies · 683+ views
    CitizenLink ^ | 8-30-2007 | Jennifer Mesko
    Renegade Judge Strikes Down Iowa Defense of Marriage Act by Jennifer Mesko, associate editor Dr. Dobson calls it a 'purely political ruling.' County Judge Robert Hanson decided Thursday that he will make the laws for Iowa. He struck down the state's 1998 Defense of Marriage Act as unconstitutional and ordered Polk County to issue marriage licenses to same-sex couples.Roger J. Kuhle, an assistant county attorney, argued the issue is not for a judge to decide. The county, home to state capital Des Moines, is expected to appeal the ruling to the Iowa Supreme Court.Dr. James C. Dobson, founder and chairman...
  • Sentence could be a bit rough

    08/29/2007 11:05:52 AM PDT · by JZelle · 17 replies · 740+ views
    The Washington Times ^ | 8-29-07 | Tom Knott
    A Boston judge sentences a man to probation and home confinement after his admission that he abducted and sexually assaulted a 12-year-old boy. A Nebraska judge sentences a convicted sex offender to probation and electronic monitoring because she fears for the mentally impaired man"s safety in prison. A Vermont judge sentences a child molester to 60 days in jail in order to facilitate his prompt treatment. Justice is hardly blind, if only because it is meted out by the colossal imperfection known as the human. And judges are as human as the person who comes to your home to fix...
  • Judges to Consider Request for Documents

    08/17/2007 4:04:31 PM PDT · by SmithL · 15 replies · 901+ views
    AP via SFGate ^ | 8/17/7 | LARA JAKES JORDAN, Associated Press Writer
    WASHINGTON (AP) -- The government must answer a watchdog group's demands to release records about the nation's classified terrorist spying program, the chief judge of a secretive national security court has ruled. The American Civil Liberties Union, which announced the order Friday, said it was the first time the Foreign Intelligence Surveillance Court had responded to a request filed by the public. In her two-page order, dated Aug. 16, Presiding Judge Colleen Kollar-Kotelly called the ACLU's demand "an unprecedented request that warrants further briefing." The ACLU last week asked the court to explain publicly the need to revamp laws that...
  • Md. Judge Dismisses Sex-Abuse Charges Clerk Is Unable To Find Suitable Translator In Time

    07/23/2007 8:54:13 AM PDT · by khnyny · 70 replies · 1,832+ views
    The Washington Post ^ | July 22, 2007 | Ernesto Londano
    A 7-year-old girl said she had been raped and repeatedly molested over the course of a year. Police in Montgomery County, acting on information from a relative, soon arrested a Liberian immigrant living in Gaithersburg. They marshaled witnesses and DNA evidence to prepare for trial. What was missing -- for much of the nearly three years that followed -- was an interpreter fluent in the suspect's native language. A judge recently dropped the charges, not because she found that Mahamu Kanneh had been wrongly accused but because repeated delays in the case had, in her view, violated his right to...
  • Courting the Enemy

    06/12/2007 10:24:40 AM PDT · by rob21 · 8 replies · 433+ views
    National Review ^ | June 12, 2007 | The Editors
    Justice Robert Jackson, the U.S. attorney general before FDR elevated him to the Supreme Court, famously remarked that the Constitution is not a suicide pact. Today, it’s hard to see why not. The United States Court of Appeals for the Fourth Circuit ruled on Monday that Ali Saleh Kalah al-Marri — an alien al Qaeda operative from Qatar, sent to the United States the day before 9/11 to conduct follow-up attacks and explore the potential for electronic disruptions of our reeling nation’s financial system — may not lawfully be detained as an enemy combatant in the war on terror. According...
  • [Sandra Day] O'Connor: Attacks on judges 'appalling'

    06/02/2007 8:58:54 PM PDT · by SunkenCiv · 109 replies · 2,465+ views
    NewsOK.com ^ | Fri June 1, 2007 | unattributed
    Recent attacks on "activist judges" by legislative bodies could be putting the concept of an independent judiciary at risk, retired Associate Supreme Court Justice Sandra Day O'Connor said Friday. "These are appalling times," O'Connor told a crowd of 700 during a moderated discussion about her career at the University of Tulsa. "There is so much rancor and dislike going on." O'Connor asked the crowd if it heard of the attacks on so-called "godless, secular humanist, activist judges," and cited cases in several states where people attempted to introduce ballot measures that would toss judges in jail for making the wrong...
  • Scalia says judges shouldn't change Constitution

    05/02/2007 1:30:21 PM PDT · by presidio9 · 64 replies · 1,403+ views
    If Americans want to secure new constitutional rights, they should look to the legislative branch, not the Supreme Court, Justice Antonin Scalia said last week. “If you want new rights, create them by statute,” Scalia said April 27 in a speech at the University of Delaware. “If you want new constitutional rights, then you need to amend the Constitution.” Defending his “originalist” approach to interpreting what the framers of the Constitution intended, Scalia said too many Americans, from the man in the street to academics and judges, mistakenly consider it to be a document that must evolve to meet the...
  • Federal Court Rules Against EPA

    01/26/2007 3:41:16 PM PST · by SmithL · 16 replies · 656+ views
    AP via SFGate ^ | 1/26/7 | LARRY NEUMEISTER
    The Environmental Protection Agency must force power plants to protect fish and other aquatic life even if it's expensive, a federal appeals court said in a ruling favoring states and environmental groups. The decision late Thursday by the 2nd U.S. Circuit Court of Appeals concluded that it was improper for the EPA to let power plants circumvent environmental laws — for instance, restocking polluted water with new fish instead of paying to upgrade their technology. It said the EPA's decisions must "be driven by technology, not cost," unless two technologies produce essentially the same benefits but have much different costs....
  • Court Orders More Money for NYC Schools

    01/25/2007 3:27:13 PM PST · by SmithL · 9 replies · 516+ views
    AP via SFGate ^ | 1/25/7 | MARK JOHNSON
    Albany, N.Y. -- New York's highest court ordered the state Monday to pay at least $1.93 billion more per year to the New York City school system to provide "a sound, basic education." That is billions less than had been sought in a landmark 1993 lawsuit filed by a group called the Campaign for Fiscal Equity. The state had argued that the city needed to spend at least $1.93 billion to improve the schools.
  • St. Louis judge's outspoken book causing controversy

    12/26/2006 9:20:34 AM PST · by rwa265 · 42 replies · 1,931+ views
    St. Louis Post-Dispatch ^ | 12/26/2006 | Robert Patrick
    A liberal-bashing book by a veteran St. Louis judge is to become available publicly this week, but it is already causing a stir in political and legal circles — and prompting some to say it could cost him his job. Chapter 1 of Circuit Judge Robert H. Dierker Jr.'s book, "The Tyranny of Tolerance: A Sitting Judge Breaks the Code of Silence to Expose the Liberal Judicial Assault," has circulated via e-mail since last month and been widely read in legal circles, lawyers and judges say. The sentiments expressed in that chapter, which frequently uses the term "femifascists" and is...
  • The Forbidden Mojave Desert Cross

    11/29/2006 9:29:34 AM PST · by Boston Blackie · 5 replies · 379+ views
    Stop the ACLU ^ | 11-28-06 | ArrMatey
    The picture in the following link is a picture of a cross! It is in the Mojave desert but has been boarded up at the behest of the ACLU. click here to view picture and video
  • (Maryland) Democrats Ask For Absentee Ballot Extension

    11/06/2006 12:58:47 PM PST · by Extremely Extreme Extremist · 73 replies · 2,032+ views
    WJZ.COM ^ | 06 NOVEMBER 2006 | AP
    (WJZ/AP) Baltimore, MD -- Several top Maryland Democrats are urging Governor Robert Ehrlich to push for an extension of the deadline for voters to postmark absentee ballots. In a letter to Ehrlich dated Sunday, the group asked the governor to instruct his appointees on the Maryland Board of Elections to allow ballots postmarked on election day to be counted. The current deadline is today. The letter cites shortages in absentee ballots because of the high number of requests this year. The letter comes on the heels of a similar request by a coalition of attorneys' groups and civil rights organizations....
  • O'Connor: Don't call us 'activist judges'(The Old Bag Speaks)

    10/27/2006 1:31:57 PM PDT · by tobyhill · 45 replies · 1,193+ views
    CNN ^ | 10/27/2006 | Bill Mears
    WASHINGTON (CNN) -- Sandra Day O'Connor noticed a disturbing development as her last day on the Supreme Court neared. Over her final years on the bench, more people were talking about "activist judges," an issue she said that appeared to be "erupting all over the country." "That seemed to be a mantra of some kind," she told CNN. Members of the Supreme Court are a notoriously press-shy, but O'Connor, who retired in January, and Justice Stephen Breyer, a 13-year veteran, recently spoke candidly to CNN about their concerns about judicial independence and political retribution against judges. (Watch O'Connor bemoan the...
  • Attorney: Contra Costa misses deadline to re-try killer

    10/11/2006 7:48:55 AM PDT · by SmithL · 5 replies · 444+ views
    Contra Costa Times ^ | 10/11/6 | Bruce Gerstman
    PITTSBURG - Contra Costa County has missed a deadline to retry a convicted murderer whose first conviction was thrown out for racial bias on the jury, his attorney said Tuesday. A U.S. District Court Judge ruled July 10 that Aldridge Currie must get a new trial in 90 days or be released, said attorney Barry Morris. The 92nd day was Tuesday, Morris said. "They didn't try him in the 90 days," Morris said. "The prison has to release him." Department of Corrections spokeswoman Terry Thornton said the county where the inmate was tried is usually responsible for bringing prisoners back...
  • Gonzales Cautions Judges on Interfering

    09/29/2006 10:16:09 AM PDT · by SmithL · 5 replies · 515+ views
    AP ^ | 9/29/6 | MICHAEL J. SNIFFEN
    Attorney General Alberto Gonzales, who is defending President Bush's anti-terrorism tactics in multiple court battles, said Friday that federal judges should not substitute their personal views for the president's judgments in wartime. He said the Constitution makes the president commander in chief and the Supreme Court has long recognized the president's pre-eminent role in foreign affairs. "The Constitution, by contrast, provides the courts with relatively few tools to superintend military and foreign policy decisions, especially during wartime," the attorney general told a conference on the judiciary at Georgetown University Law Center. "Judges must resist the temptation to supplement those tools...