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Supreme Court's Kagan says Scalia death forced compromises
Topics in Legal News |
2017/09/07 09:05
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U.S. Supreme Court Justice Antonin Scalia's death forced the rest of the court to learn how to work together to avoid ties, Justice Elena Kagan said during a stop Friday at the University of Wisconsin-Madison.
Kagan spoke for about an hour with UW Law School Dean Margaret Raymond as scores of law students, attorneys and judges listened. Raymond asked Kagan what role the high court can play in mending a politically polarized country and improving civil discourse.
Kagan acknowledged that many people see the court as mirroring the nation's political differences and the court ultimately must decide cases, not provide an example for how other governmental institutions should function. But she said Scalia's death in 2016 forced the remaining eight justices to work together more closely.
Justice Neil Gorsuch replaced Scalia earlier this year, but before he joined the court the justices worked hard to avoid 4-4 ties out of fear they'd been seen as incapable of doing their jobs, Kagan said.
"None of us wanted that to happen," she said. "It forced us to keep talking to each other. ... I'm actually hopeful that the effects of it will continue. All of us will remember not to stop the conversation too soon and all of us will remember the value of trying to find a place where we can agree or more of us can agree."
She didn't offer any specific examples of compromises on any cases. Raymond didn't ask Kagan about any cases pending before the court and Kagan didn't offer any comments about any specific issues.
She did joke that she was glad she wasn't the court's junior justice anymore now that Gorsuch is on board. She said the junior justice has to open the door during the justices' conference and deliver any coffee or files other justices have requested from their clerks. Earlier this year she had injured her foot and was in a walking boot but her colleagues still made her get up and open the door.
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Supreme Court Backs Dayton Veto of Legislature Budget
Court Watch |
2017/09/07 09:04
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The Minnesota Supreme Court says Gov. Mark Dayton’s veto of the Legislature’s budget was constitutional.
The ruling Friday is counter to a lower-court ruling this summer that Dayton had acted unconstitutionally, but is not the last word in the case. The high court ordered the two sides to hire a mediator, by Tuesday, to resolve the dispute outside the courts.
The months-long legal battle arose this spring when Dayton line-item vetoed lawmakers’ $130 million operating budget. Dayton says he wanted to force lawmakers to rework costly tax breaks and other measures he signed into law, but the Legislature instead sued.
The state’s highest court was tilted firmly in Dayton’s favor. He had appointed four of the six justices presiding in the case.
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Wisconsin panel changes court rules for Foxconn plant
Stock Market News |
2017/09/06 09:05
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Foxconn Technology Group could appeal lawsuits directly to the conservative-controlled Wisconsin Supreme Court, skipping the state appeals court, under changes to a $3 billion incentive package the Legislature's budget-writing committee approved Tuesday.
The unprecedented change to the usual judicial process drew criticism from Democrats, who also blasted the $3 billion incentives as a corporate welfare giveaway. But they didn't have the votes needed to stop the proposal.
The Republican-controlled committee approved the bill on a party line 12-4 vote. The state Senate planned to vote on it Sept. 12, with the Assembly expected to quickly follow. Both are under GOP control.
The Assembly approved it last month, but will have to vote again since the committee changed the measure which amounts to the largest state tax break to a foreign corporation in U.S. history. It must pass both houses of the Legislature in the same form before going to Gov. Scott Walker for his signature.
Taiwan-based Foxconn signed a deal with Wisconsin to invest up to $10 billion in the state on a massive flat-screen manufacturing campus that could employ up to 13,000 people. The plant is to be built in southeastern Wisconsin and be open as soon as 2020, although Foxconn has not identified its exact location yet.
"This is probably the biggest thing to happen to Wisconsin since the cow," Republican budget committee co-chair Rep. John Nygren said Tuesday.
Proponents say the plant offers a once-in-a lifetime opportunity for the state, while critics say the state is giving away too much with the $3 billion incentive package. The bill also waives environmental regulations that will allow Foxconn to build in wetland and waterways and construct its 20-million-square-foot campus without first doing an environmental impact statement.
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Indian court sentences 2 men to death in 1993 Mumbai blasts
Legal Interview |
2017/09/05 09:05
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An Indian court on Thursday sentenced two men to death and two others to life in prison for a series of bombings that killed 257 people in Mumbai in 1993. A fifth man was given 10 years in prison.
The five men were convicted earlier of criminal conspiracy and murder in the planting of 12 powerful bombs in cars, scooters and suitcases around India's financial capital.
The sentencing ended a second trial related to the bombings. An initial trial ended in 2007 with more than 100 people convicted, of whom 11 were sentenced to death and the rest to various terms in prison.
Ujjwal Nikam, the main prosecutor, said he could not ask for a death sentence for Abu Salem, a prime suspect, because he was extradited from Portugal to India in 2005 after the Indian government pledged he would not be given the death penalty, a key requirement in extradition proceedings in Europe.
He fled India after the bombings and was later arrested by police in Portugal.
The Mumbai court sentenced Salem to life in prison after finding him guilty of transporting weapons from Gujarat state to Mumbai ahead of the blasts. These included AK-56 assault rifles, ammunition and hand grenades.
Prosecutors said the bombings were an act of revenge for the 1992 demolition of a 16th century mosque by Hindu nationalists in northern India. That triggered religious riots in parts of India, leaving more than 800 dead, both Hindus and Muslims.
The blasts targeted a number of prominent sites in Mumbai, including the stock exchange, Air India building, hotels, a cinema and shopping bazaars.
Prosecutors said the attack was masterminded by underworld kingpin Dawood Ibrahim. India accuses Pakistan of sheltering Ibrahim, a charge Islamabad denies. India says he has been living in Karachi, Pakistan's financial hub, after fleeing from Mumbai, and has asked Pakistan to hand him over to face trial in India. |
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EU court rejects Hungary, Slovakia appeal in refugee case
Legal Focuses |
2017/09/04 09:06
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The European Union's top court on Wednesday rejected legal action by Hungary and Slovakia to avoid accepting refugees under an EU scheme, a decision seen as a victory for countries bearing the greatest burden of Europe's migrant wave.
In a long-awaited ruling, the European Court of Justice said that it had "dismissed in its entirety the actions brought by Slovakia and Hungary."
EU countries agreed in September 2015 to relocate 160,000 refugees from Greece and Italy over two years, but only around 27,700 people have been moved so far. Hungary and Slovakia were seeking to have the legally binding move annulled.
Hungary and Poland have refused to take part in the scheme, while so far Slovakia has accepted only a handful of refugees from Greece.
The refugee scheme was adopted by the EU's "qualified majority" vote — around two thirds — and the ECJ held that this was appropriate, saying the EU "was not required to act unanimously" on this decision.
The court also noted that the small number of relocations so far is due to a series of factors that the EU could not really have foreseen, including "the lack of cooperation on the part of certain member states."
Slovakian Prime Minister Robert Fico said he respected the court decision, but that his government still does not like the relocation scheme, which some see as a system of quotas imposed on countries by unelected EU bureaucrats in Brussels.
"We fully respect the verdict of the European Court of Justice," Fico told reporters, adding that his country's negative stance on the relocation plan "has not changed at all."
Fico said the scheme was a temporary solution. He says he believes his country doesn't face any sanctions from the EU over its stance. EU officials say the relocation of eligible asylum-seekers in Greece and Italy will continue even after the scheme ends.
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Investment Fraud Litigation |
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Securities fraud, also known as stock fraud and investment fraud, is a practice that induces investors to make purchase or sale decisions on the basis of false information, frequently resulting in losses, in violation of the securities laws. Securities Arbitration. Generally speaking, securities fraud consists of deceptive practices in the stock and commodity markets, and occurs when investors are enticed to part with their money based on untrue statements.
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The content contained on the web site has been prepared by Securities Law News as a service to the internet community and is not intended to constitute legal advice or a substitute for consultation with a licensed legal professional in a particular case. | Affordable Law Firm Website Design by Law Promo |
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