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Prominent Chinese rights lawyer tried in closed proceedings
Law Blogs | 2018/12/24 12:54
The trial of a prominent human rights lawyer began in northern China on Wednesday with about two dozen plainclothes officers stationed outside a courthouse and at least one supporter taken away by police.

Reporters, foreign diplomats and supporters were prevented from approaching the municipal court in Tianjin city where lawyer Wang Quanzhang was being tried. Wang's wife, Li Wenzu, was kept from attending the proceedings by security agents who had blocked the exit of her apartment complex since Tuesday.

Li told The Associated Press by phone Wednesday that Liu Weiguo, Wang's government-appointed lawyer, confirmed the trial had started. But he did not tell her whether it was now over or whether a verdict had been reached.

The court said in a statement on its website that it "lawfully decided not to make public" the trial hearings because the case involved state secrets. A decision will be announced at a future date, the court said.

Wang is among more than 200 lawyers and legal activists who were detained in a sweeping 2015 crackdown. A member of the Fengrui law firm, among the most recognized in the field broadly known in China as "rights defending," he was charged with subversion of state power in 2016. He has been held without access to his lawyers or family for more than three years.

Fengrui has pursued numerous sensitive cases and represented outspoken critics of the ruling Communist Party. Wang represented members of the Falun Gong meditation sect that the government has relentlessly suppressed since banning it as an "evil cult" in 1999. Group leaders have been sentenced to lengthy prison terms and ordinary followers locked up as alleged threats.


Supreme Court rejects Trump plea to enforce asylum ban
Legal Interview | 2018/12/22 13:37
A divided Supreme Court won’t let the Trump administration begin enforcing a ban on asylum for any immigrants who illegally cross the U.S.-Mexico border. Chief Justice John Roberts joined his four more liberal colleagues Friday in ruling against the administration in the very case in which President Donald Trump had derided the “Obama judge” who first blocked the asylum policy.

New Justice Brett Kavanaugh and three other conservative justices sided with the administration. There were no opinions explaining either side’s votes.

The court’s order leaves in place lower court rulings that blocked Trump’s proclamation in November automatically denying asylum to people who enter the country from Mexico without going through official border crossings.

Trump said he was acting in response to caravans of migrants making their way to the border. The administration had also complained that the nationwide order preventing the policy from taking effect was too broad. But the court also rejected the administration’s suggestion for narrowing it.

Lee Gelernt, an American Civil Liberties Union leading the court challenge, said the high court’s decision “will save lives and keep vulnerable families and children from persecution. We are pleased the court refused to allow the administration to short-circuit the usual appellate process.”

The high court action followed a ruling Wednesday by U.S. District Judge Jon Tigar that kept the ban on hold pending the outcome of a lawsuit challenging it. The case could take months to resolve.


Pakistani court set to announce verdict against ex-PM Sharif
Court Watch | 2018/12/22 13:36
An anti-corruption court is set to rule on two cases against Pakistan's former prime minister Nawaz Sharif.

Sharif, who was removed from office last year after being disqualified from serving his third stint as prime minister, could be sentenced to prison. He is accused of possessing assets beyond his known sources of income. He has denied any wrongdoing.

Ahead of Monday's verdict, Ahsan Iqbal, a senior leader from Sharif's opposition Pakistan Muslim League party, said "it will be unfortunate" if Sharif is sentenced.

Sharif was sentenced to 10 years in prison in July over the purchase of luxury apartments in London. He appealed that sentence and was released on bail in September.



NC court: Counties not responsible for school underfunding
Court Watch | 2018/12/21 13:38
North Carolina's top court says the state is responsible, not the counties, when schools are so underfunded that some children don't get the constitutionally required sound basic education.

In a decision issued Friday, the state Supreme Court ruled against parents and children in Halifax County, who contended county commissioners haven't fairly distributed tax money, hurting some students.

The Supreme Court decision says only the state has "the power to create and maintain a system of public education." The case was the first to address whether local governments have a duty to provide every child an opportunity to receive a sound basic education. In a landmark 1997 case known as Leandro, the court determined the state has that duty.

The ruling upholds an earlier decision by the state Court of Appeals.


Uber loses UK case on worker rights, expected to appeal
Topics in Legal News | 2018/12/19 11:18
Lawyers say the taxi hailing app Uber has lost its appeal against a ruling that its drivers should be classed as workers in a case with broad implications for the gig economy.

Law firm Leigh Day says Britain's Court of Appeal upheld an earlier ruling that found the company's drivers are workers, not independent contractors and therefore should receive the minimum wage and paid holidays. Uber is expected to appeal.

Though the company argued that the case applies to only two drivers, Uber has tens of thousands of drivers in the U.K. who could argue they deserve the same status as the former drivers covered by decision. The court says some 40,000 drivers use the platform in the U.K., though the company said the number had grown since the submission to 50,000.

San Francisco-based Uber has expanded rapidly around the world by offering an alternative to traditional taxis through a smartphone app that links people in need of rides with drivers of private cars. That has drawn protests from taxi drivers who say Uber and similar services are able to undercut them.



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