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High court upholds anti-terror law
Headline Legal News | 2010/06/21 09:01

The Supreme Court has upheld a federal law that bars "material support" to foreign terrorist organizations, rejecting a free speech challenge from humanitarian aid groups.

The court ruled 6-3 Monday that the government may prohibit all forms of aid to designated terrorist groups, even if the support consists of training and advice about entirely peaceful and legal activities.

Material support intended even for benign purposes can help a terrorist group in other ways, Chief Justice John Roberts said in his majority opinion.

"Such support frees up other resources within the organization that may be put to violent ends," Roberts said.

Justice Stephen Breyer took the unusual step of reading his dissent aloud in the courtroom. Breyer said he rejects the majority's conclusion "that the Constitution permits the government to prosecute the plaintiffs criminally" for providing instruction and advice about the terror groups' lawful political objectives. Justices Ruth Bader Ginsburg and Sonia Sotomayor joined the dissent.



High court to review mental health advocacy suit
Headline Legal News | 2010/06/21 09:01

The Supreme Court says it will decide whether Virginia's advocate for the mentally ill can force state officials to provide records relating to deaths and injuries at state mental health facilities.

The justices agreed Monday to review a federal appeals court ruling dismissing the state advocate's lawsuit against Virginia's mental health commissioner and two other officials.

Backing the appeal, the Obama administration said the ruling by the 4th U.S. Circuit Court of Appeals in Richmond "threatens to undermine the enforcement of federal laws that Congress designed to protect especially vulnerable individuals from the abusive and neglectful practices that can result in injury and death."

The Virginia advocate's office, like those in the other 49 states, was created under two federal laws that give states federal money for monitoring the treatment of the mentally ill in state facilities. The first law grew out of public reports in the 1970s of crowded, filthy conditions and abusive treatment of mentally retarded children at the Willowbrook State School in New York.

The issue for the court is whether the Eleventh Amendment prohibits a state agency from going to federal court to sue officials of the same state. The state itself could not be sued in the same circumstances.



Eugene, Oregon Criminal Defense Lawyer
Attorney News | 2010/06/21 02:01

Located in Eugene, the Law Office of Max J Mizejewski defends clients throughout Southern Oregon and the Willamette Valley against criminal charges. Mr. Mizejewski provides an aggressive defense against state and federal prosecutors.

Mr. Mizejewski believes everyone's rights should be protected, and everyone deserves the best possible defense. If you have been charged with a criminal offense, you need to know your rights.  We can defend you against your criminal charges, including the following:

Eugene, Oregon Criminal Defense Lawyer

•Drunk Driving (DUII, DUI, DWI) - including underage drinking and driving, refusing a breathalyzer test, driving under the influence of drugs or alcohol, and other drug or alcohol related driving offenses
•Criminal Driving Offenses - including manslaughter, criminally negligent homicide, assault, hit & run, attempting to elude police, reckless driving and licensure issues
•Drug Crimes - including possession, delivery, and manufacturing of marijuana, cocaine, methamphetamine, heroin, designer drugs and prescription drugs
•Property Crimes - including theft, embezzlement, forgery, fraud, computer crimes and burglary
•Violent Crimes - including menacing, stalking and assault
•Stalking - including criminal offenses and civil actions
For more information about Oregon criminal law, Oregon criminal courts,  the criminal process, or to discuss your criminal charges with an experienced criminal defense attorney, please call 541-505-9872 or contact us online.

Max Mizejewski received his undergraduate degree from the University of California at Berkeley in 1993. In 1997, Max graduated from Northwestern School of Law of Lewis and Clark College and went on to work in the public sector before entering private practice. As Manager of the Oregon Department of Transportation Environmental Unit, Max gained valuable experience negotiating, problem solving and working through confrontational issues with emotionally charged individuals. Max brings this experience to his private practice which focuses on criminal defense and family law.



Prop. 8 Challenge Wrapping Up in Court Today
Court News | 2010/06/16 10:04

A federal judge will hear closing arguments Wednesday in a groundbreaking trial on a lawsuit that seeks to establish marriage as a fundamental constitutional right for gays and lesbians.

The latest effort to overturn California's Prop. 8 gay-marriage ban is wrapping up in federal court today, with Ted Olson and David Boies--the attorneys for George W. Bush and Al Gore in the Florida 2000 court case--presenting final arguments. (For a liveblog of what's going on, check in with Firedoglake.) Gay-marriage proponents have voiced optimism about this case since it mirrors the case that successfully ended California's gay-marriage ban in 2008, ultimately leading to the Prop. 8 campaign to ban it again.

The case is being heard by District Judge Vaughn Walker (who heard the al Hamarain case and ruled the NSA's warrantless wiretapping program illegal); it seems likely that, regardless of the result, it will be appealed ad infinitum.



Texas asks court to intervene in fight with EPA
Headline Legal News | 2010/06/16 03:01
Texas asked a federal court on Monday to intervene in its fight with the Environmental Protection Agency over how the state regulates emissions from oil refineries and other petrochemicals plants. Texas Attorney General Greg Abbott asked the 5th U.S. Circuit Court of Appeals in New Orleans to review the EPA's rejection in March of a 1995 state law that allows refineries to be modified without being subject to additional regulation, provided the changes don't increase a facility's overall emissions.

The issue is part of an ongoing disagreement Texas and the EPA have over how pollution is regulated in the state, said Terry Clawson, a spokesman for the Texas Commission on Environmental Quality. In recent weeks, debate has focused on the state's use of so-called flexible permits, which sets a general limit on how much pollutants an entire facility can release.

In a news release, Abbott's office criticized the EPA for taking more than a decade before deciding to reject the law and said it filed the legal challenge "in an effort to defend the state's legal rights and challenge improper overreach by the federal government."



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