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Palestinians reject offer to delay their Jerusalem eviction
Court News |
2021/11/04 15:20
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Palestinian families on Tuesday rejected an offer that would have delayed their eviction by Jewish settlers in a tense Jerusalem neighborhood, where protests and clashes helped ignite the 11-day Gaza war in May.
The four families in the Sheikh Jarrah neighborhood near the Old City said their decision springs from “our belief in the justice of our cause and our right to our homes and our homeland.” They said that rather than submit to an “unjust agreement” they would rely on the “Palestinian street” to raise international awareness of their plight.
The proposal floated by Israel’s Supreme Court last month would have made them “protected tenants,” blocking any eviction and demolition order for at least the next 15 years, according to Ir Amim, an Israeli rights group that closely follows developments in the city.
The families would have been able to continue arguing their case in Israeli courts. But it would have forced them to at least temporarily attest to the settlers’ ownership of the properties, which could weaken the families’ case going forward, and pay rent to the settlers.
The four families are among dozens in Jerusalem who are threatened with eviction by Jewish settler organizations in several cases that have been working their way through the Israeli court system for decades.
The settlers are making use of an Israeli law that allows them to claim properties that were owned by Jews prior to the 1948 war surrounding Israel’s creation. Palestinians who lost homes, properties and lands in the same conflict do not have the right to recover them.
There was no immediate comment from the settlers, but Jerusalem Deputy Mayor Arieh King, a staunch supporter, said they had accepted the offer.
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Idaho Supreme Court overturns tougher ballot initiative law
Court News |
2021/08/25 11:51
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The Idaho Supreme Court has rejected a new law designed to make it harder for voters to get initiatives on the ballot, saying the legislation was so restrictive that it violated a fundamental right under the state’s constitution.
The ruling issued Monday was a win for Reclaim Idaho, a group that successfully sponsored a Medicaid expansion initiative three years ago and that is now working to qualify an initiative for the ballot that aims to increase public education funding.
Idaho Speaker of the House Scott Bedke said in a prepared statement that members of the House Republican Caucus were disappointed by the ruling. He said the law would have increased voter involvement, “especially in the corners of the state too often forgotten by some.”
Reclaim Idaho co-founder Luke Mayville said the ruling means thousands of Idaho residents are “breathing sighs of relief.”
“Nearly every time in our history that our legislature attempted to eliminate the initiative process, either the governor or the courts stepped up to protect the rights of the people. Today’s decision adds a new chapter to that history, and future generations of Idahoans will look back on the court’s decision with gratitude,” Mayville said in a prepared statement.
The high court’s opinion written by Justice Gregory Moeller was unanimous in its main conclusion — that the law should be overturned — though two of the justices said they would have gotten at the same conclusion in slightly different ways.
“The ability of the legislature to make laws related to a fundamental right arises from the reality that, in an ordered society, few rights are absolute,” Moeller wrote. “However, the legislature’s duty to give effect to the people’s rights is not a free pass to override constitutional constraints and legislate a right into non-existence, even if the legislature believes doing so is in the people’s best interest.”
The case pitted the rights of voters to enact and repeal laws against the power of the state Legislature to shape how ballot initiative efforts are carried out. The new law, which passed earlier this year, required signature-gatherers to get 6% of registered voters in each of Idaho’s 35 legislative districts within a short time span. Opponents said it made Idaho’s initiative process the toughest in the nation, rendering such efforts virtually impossible to achieve. But supporters said the law would protect people with less popular political opinions from being overrun by the majority.
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Judge tells prison to seize Nassar’s money for victims
Court News |
2021/08/22 12:11
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A judge ordered the government to take money from the prison account of a former Michigan sports doctor who owes about $58,000 to victims of his child pornography crimes.
Larry Nassar has received about $13,000 in deposits since 2018, including $2,000 in federal stimulus checks, but has paid only $300 toward court-ordered financial penalties and nothing to his victims, prosecutors said.
He had a prison account balance of $2,041 in July.
“Because (Nassar) has received substantial non-exempt funds in his inmate trust account since incarceration, he was required by law to notify the court and the United States attorney and to apply those funds to the restitution that he still owed,” U.S. District Judge Janet Neff said Thursday.
In a court filing, Nassar said he had received “gifts” from “third parties.”
He said inmates should be paid a “living wage” for prison jobs so they can “make reasonable payments towards restitution.”
Nassar was a doctor at Michigan State University and USA Gymnastics, which trains Olympians. He pleaded guilty in federal court to child pornography crimes before pleading guilty in state court to sexually assaulting female gymnasts.
Nassar is serving decades in prison.
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Arizona Personal Injury Lawyer Website
Court News |
2021/08/18 13:46
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Law Promo is pleased to announce the launch of the new website for the Arizona Personal Injury & Criminal Defense Lawyer website.
About: Personal injury accidents often result in devastating consequences. In the worst cases, the injury results in death. In such instances, the family members of the deceased can bring a wrongful death claim against the responsible party.
Gary A. Kester and Kester Law Group have over 14 years of experience in such matters. Hold the wrongdoer responsible.
Read more
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Holocaust researchers in Poland win libel case on appeal
Court News |
2021/08/16 10:30
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An appellate court in Poland on Monday rejected a lawsuit brought against two Holocaust scholars in a case that has been closely watched because it was expected to serve as a precedent for research into the highly sensitive area of Polish behavior toward Jews during World War II.
Poland is governed by a nationalist conservative party that has sought to promote remembrance of Polish heroism and suffering during the wartime German occupation of the country. The party also believes that discussions of Polish wrongdoing distort the historical picture and are unfair to Poles.
The Appellate Court of Warsaw argued in its explanation that it believed that scholarly research should not be judged by courts. But it appeared not to be the end: a lawyer for the plaintiff said Monday that she would appeal Monday’s ruling to the Supreme Court.
The ruling was welcomed by the two researchers, Jan Grabowski and Barbara Engelking, who declared it a “great victory” in a Facebook post.
“We greet the verdict with great joy and satisfaction all the more, that this decision has a direct impact on all Polish scholars, and especially on historians of the Holocaust,” they said.
Monday’s ruling comes half a year after a lower court ordered the two researchers to apologize to a woman who claimed that her deceased uncle had been defamed in a historical work they edited and partially wrote, “Night Without End: The Fate of Jews in Selected Counties of Occupied Poland.”
Lawyers for the niece, 81-year-old Filomena Leszczynska, argued that her uncle was a Polish hero who had saved Jews, and that the scholars had harmed her good name and that of her family by suggesting the uncle was also involved in the killing of Jews.
The plaintiffs’ lawyer, Monika Brzozowska-Pasieka, said in an emailed statement to The Associated Press that Leszczynska was “astonished” by the judgement and intends to file an appeal to the Polish Supreme Court.
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