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Court: Banned Dartmouth fraternity can't live in house
Court News | 2017/04/11 01:03
The New Hampshire Supreme Court says members of a former Dartmouth College fraternity aren't allowed to live in their house after the college banned the frat from campus.

The Hanover zoning board revoked the $1.4 million Alpha Delta house's status as a student residence when the fraternity was de-recognized for burning brands into the skin of new members in 2015.

Zoning rules require that such residences operate "in conjunction with" an institution, such as the college. Alpha Delta argued it should be considered "grandfathered" under an older zoning ordinance, but the court on Tuesday rejected that argument.

Alpha Delta had been a fraternity at Dartmouth since the 1840s, and since 1920 has housed 18-22 students. It partially served as the inspiration for the 1978 movie "Animal House."


US court ruling could bring more suits over Nazi-looted art
Court News | 2017/04/06 22:32
The heirs of Nazi-era Jewish art dealers have spent nearly a decade trying to persuade German officials to return a collection of medieval relics valued at more than $250 million.

But they didn't make much headway until they filed a lawsuit in an American court.

The relatives won a round last week when a federal judge ruled that Germany can be sued in the United States over claims the so-called Guelph Treasure was sold under duress in 1935.

It's the first time a court has required Germany to defend itself in the U.S. against charges of looted Nazi art, and experts say it could encourage other descendants of people who suffered during the Holocaust to pursue claims in court.

The case also is among the first affected by a law passed in Congress last year that makes it easier for heirs of victims of Nazi Germany to sue over confiscated art.

"It open all kinds of other claims based on forced sales in Nazi Germany to jurisdiction in U.S. courts if the facts support it," said Nicholas O'Donnell, an attorney representing the heirs.

The collection includes gold crosses studded with gems, ornate silverwork and other relics that once belonged to Prussian aristocrats. The heirs of the art dealers — Jed Leiber, Gerald Stiebel, and Alan Philipp — say their relatives were forced to sell the relics in a coerced transaction for a fraction of its market value.

The consortium of dealers from Frankfurt had purchased the collection in 1929 from the Duke of Brunswick. They had managed to sell about half of the pieces to museums and collectors, but the remaining works were sold in 1935 to the state of Prussia, which at the time was governed by Nazi leader Hermann Goering.

Following the sale, Goering presented the works as a gift to Adolf Hitler, according to court documents. The collection has been on display in Berlin since the early 1960s and is considered the largest collection of German church treasure in public hands.

German officials claim the sale was voluntary and say the low price was a product of the Great Depression and the collapse of Germany's market for art. In 2014, a special German commission set up to review disputed restitution cases concluded it was not a forced sale due to persecution and recommended the collection stay at the Berlin museum.


S Korea's Park questioned at court hearing on arrest request
Court News | 2017/03/30 11:19
South Korea's disgraced ex-President Park Geun-hye was being questioned Thursday by a court that will decide if she should be arrested over corruption allegations that have already toppled her from power.

Live TV footage earlier showed a stern-looking Park entering the Seoul Central District Court building amid a barrage of camera flashes. She did not comment to reporters. The court is expected to decide by Friday morning whether to approve her arrest.

If the court approves the arrest warrant requested by prosecutors, Park will be immediately sent to a detention facility as prosecutors can detain her for up to 20 days before laying formal charges.

If the court rejects the arrest request, prosecutors can still indict and charge her.

Prosecutors accuse Park of colluding with a confidante to extort from big businesses, take a bribe from one of the companies and commit other wrongdoings. The allegations prompted millions of South Koreans to stage streets protests every weekend for months before the Constitutional Court ruled to dismiss her on March 10. Park's presidential powers had already been suspended after parliament impeached her in December.

It was a dramatic setback to Park, South Korea's first female president who rose to power four years ago amid conservatives' nostalgia for her late dictator father who is credited by supporters for pulling a war-torn country out of poverty in the 1960-70s. Liberal critics revile her father as a ruthless leader who tortured and imprisoned his opponents.

Earlier Thursday, hundreds of her supporters, mostly elderly conservative citizens, gathered near her Seoul home, waving national flags and chanting slogans when she left for the court.


Immigration courts: record number of cases, many problems
Court News | 2017/03/06 08:37
Everyone was in place for the hearing in Atlanta immigration court: the Guinean man hoping to stay in the U.S., his attorney, a prosecutor, a translator and the judge. But because of some missing paperwork, it was all for nothing.

When the government attorney said he hadn't received the case file, Judge J. Dan Pelletier rescheduled the proceeding. Everybody would have to come back another day.

The sudden delay was just one example of the inefficiency witnessed by an Associated Press writer who observed hearings over two days in one of the nation's busiest immigration courts. And that case is one of more than half a million weighing down court dockets across the country as President Donald Trump steps up enforcement of immigration laws.

Even before Trump became president, the nation's immigration courts were burdened with a record number of pending cases, a shortage of judges and frequent bureaucratic breakdowns. Cases involving immigrants not in custody commonly take two years to resolve and sometimes as many as five.

The backlog and insufficient resources are problems stretching back at least a decade, said San Francisco Immigration Judge Dana Marks, speaking as the president of the National Association of Immigration Judges.


California court expands endangered-species removal powers
Court News | 2017/03/01 08:38
The California Supreme Court on Monday said petitioners seeking to remove a subset of coho salmon from the state's endangered species list could present new evidence to argue the listing was wrong.

In a unanimous ruling, the court overturned a lower court decision that said efforts to remove the salmon and other species could only argue that the listing was no longer necessary.

The high court decision came in a lawsuit by Big Creek Lumber Co. and the Central Coast Forest Association, which includes forest landowners. They filed a petition to remove a subset of coho salmon from the state's endangered species list, arguing that the listing was wrong because the fish were not native to the area and were introduced and maintained there artificially using hatcheries.

The fight was over coho salmon in streams south of San Francisco. The Fish and Game Commission listed those salmon as endangered in 1995.

Environmental groups were keeping a close eye on the case to see whether the court would rule on the native species argument. It did not do that and instead sent the case back to the appeals court for that determination.

"We don't accept that they are not native fish just because they are hatchery raised," said Lisa Belenky, a senior attorney at the Center for Biological Diversity, which filed a brief in the case.


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