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US Ordered To Account For Indian Land Royalties
Headline Legal News |
2009/07/28 09:06
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Courthouse News is reporting that the D.C. Circuit threw out a $455.6 million award for American Indians based on the government's failure to account for land royalties, saying the lower court "erred in freeing the Department of the Interior from its burden to make an accounting."
In 1996, beneficiaries of the Individual Indian Money trust accounts filed a class action accusing government officials of failing to properly keep track of their assets, including profits from the sale of tribal lands.
The district court found the government in breach of its fiduciary duty as trustee, but determined that a full accounting would be impossible, because Congress would never appropriate the money needed to fund it.
Instead, the lower court awarded the plaintiffs $455.6 million in restitution.
The Washington, D.C.-based appeals court said the ruling essentially allowed the government to "throw up its hands and stop the accounting." |
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Credit Card Rate Hikes Require Warning
Headline Legal News |
2009/07/27 10:09
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Courthouse News reports that credit card users will have 45 days notice of rate increases and changes in terms, and more time between receiving a bill and its payment being due, starting Aug. 20, according to a Federal Reserve rule implementing the Credit Card Act.
Credit card companies also must review each consumer account whose rates have been increased, to consider whether changes in the conditions leading to the increase call for a reduction in rates. Each of these accounts must be reviewed automatically at least once every six months, and credit risk calculations are not to take these reviews into account.
Additionally, the rule requires that the due date and the grace period on interest no longer be determined by a set number of days after the end of the previous month's billing cycle. Instead, the 21 day clock will run from the day the statement is mailed or received by the consumer. |
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OR Law Gives Boost To Minor Parties
Headline Legal News |
2009/07/24 08:57
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According to the Associated Press, a bill aimed at giving more clout to minor political parties in Oregon elections was signed into law Thursday by Gov. Ted Kulongoski.
The new law allows candidates on a general-election ballot to list the nomination of more than one political party on the ballot.
The law will allow the names of up to three political parties that have nominated a candidate to appear alongside the candidate's name on the ballot.
Major-party candidates could choose whether they want to also list the nomination of a minor party on their ballot line.
The new legislation repeals a 2005 law that said voters couldn't sign a petition or attend a political convention for a candidate if they had previously participated in another party's nominating process. |
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NJ Legislation Would Decriminalize 'Sexting' by Teens
Headline Legal News |
2009/07/23 09:17
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The New Jersey Law Journal reports that New Jersey legislators are proposing alternatives to criminal prosecution of teenagers 'sexting' that may be more effective in stanching the recent practice. The current trend is to charge them with child pornography, something some legislators believe to be unfair.
Pending bills in the state Assembly and the Senate would create a diversionary program, by which minors who are charged with the creation, distribution or exhibition of nude photos can avoid prosecution by completing a course focusing on the consequences of such acts.
The sponsors say teenagers often engage in the practice -- sometimes known by the play on words "sexting" -- out of a psychological vulnerability, not a criminal mindset, and the law should reflect that.
The bills A-4069 (Pamela Lampitt, D-Camden) and S-2926 (James Beach,D-Camden), were introduced in June, just three months after the Passaic County Sheriff's Department charged a 14-year-old girl with distribution of child pornography for posting nude pictures of herself on MySpace. The girl ultimately was given probation and counseling. |
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Investigator Rules Against Palin In Ethics Probe
Headline Legal News |
2009/07/22 08:57
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According to The Associated Press, days before Gov. Sarah Palin is scheduled to leave office, the former vice presidential candidate is facing yet another legal distraction: An independent investigator found evidence she may have violated ethics laws by trading on her position as she sought money for lawyer fees.
A report obtained Tuesday by The Associated Press says Palin is securing unwarranted benefits and receiving improper gifts through the Alaska Fund Trust, set up by supporters.
An investigator for the state personnel board says in the July 14 report that there is probable cause to believe Palin used or attempted to use her official position for personal gain because she authorized the creation of the Alaska Fund Trust as the "official" legal defense fund.
The practical effect of the ruling on Palin will be more financial than anything else, although the fate of the tens of thousands of dollars in the fund is unclear, said Palin attorney Thomas Van Flein. Palin posted an entry on Twitter in which she said the "matter is still pending," a statement echoed by Van Flein. |
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