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High Court overturns city mandate on construction projects
Court News |
2019/09/20 00:11
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A divided Ohio Supreme Court has upheld a state law invalidating a Cleveland requirement that public construction contractors hire city residents for a portion of work on projects.
A 2003 Cleveland ordinance mandates that residents must perform 20% of the total hours on public construction projects over $100,000.
The GOP-controlled Legislature approved a bill in 2016 stripping local governments of the ability to impose such residency requirements on contractors. The high court on Tuesday sided with the state in a 4-3 decision.
Mayor Frank Jackson says the city will ask the Court to reconsider the ruling immediately.
Cleveland City Council President Kevin Kelley says the ruling is an attack on "the ability of cities to help life people out of poverty and establish careers.
Supreme Court ruling clear, but Brexit future still murky
The landmark British Supreme Court ruling that Prime Minister Boris Johnson's suspension of Parliament was unlawful did not deal directly with plans for Britain's anticipated departure from the European Union. Brexit will however be top of the agenda in Parliament now that lawmakers have returned.
As things stand, Britain is scheduled to leave the EU on Oct. 31 unless the British government requests an extension and the other 27 EU countries agree to a further delay.
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‘The Supreme Court Is Not Well. And the People Know It.’
Court News |
2019/09/10 15:30
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The Supreme Court as we once knew it?as a national institution that could at least sometimes stand apart from partisanship?died last year. The ongoing fight over its corpse spilled into public view last week.
On Thursday, 53 United States senators?every member of the Republican caucus?wrote a “letter” to the clerk of the Supreme Court assuring the justices that the Republican Party has their back. The Democrats, the senators told the Court, pose “a direct, immediate threat to the independence of the judiciary.”
The spat is about guns. The Court has granted review in a Second Amendment case entitled New York State Rifle & Pistol Association Inc. v. City of New York, New York, which (nominally) tests an obscure New York City ordinance governing how firearms owners could?note the past tense?travel with their weapons.
Under city law as it was when the case began, New Yorkers with a “premises” license had to keep their guns in their homes at all times, except when being taken to a licensed target-shooting facility for practice and training. But those facilities had to be in New York City itself. “Premises” licensees could not put their guns in their trunk and drive out of town for any reason?not to go to a gun range, not to compete in a shooting match, not to take the guns to a second home.
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Activist loses UK court case on police facial recognition
Court News |
2019/09/10 15:30
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A British court ruled Wednesday that a police force's use of automated facial recognition technology is lawful, dealing a blow to an activist concerned about its implications for privacy.
Existing laws adequately cover the South Wales police force's deployment of the technology in a trial, two judges said , in what's believed to be the world's first legal case on how a law enforcement agency uses the new technology.
The decision comes amid a broader global debate about the rising use of facial recognition technology. Recent advances in artificial intelligence make it easier for police to automatically scan faces and instantly match them to "watchlists" of suspects, missing people and persons of interest, but it also raises concerns about mass surveillance.
"The algorithms of the law must keep pace with new and emerging technologies," Judges Charles Haddon-Cave and Jonathan Swift said.
Ed Bridges, a Cardiff resident and human rights campaigner who filed the judicial review, said South Wales police scanned his face twice as it tested the technology - once while he was Christmas shopping in 2017 and again when he was at a peaceful protest against a defense expo in 2018.
"This sinister technology undermines our privacy and I will continue to fight against its unlawful use to ensure our rights are protected and we are free from disproportionate government surveillance," he said in a statement released by Liberty, a rights group that worked on his case. |
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US appeals court: Another conflict in New Orleans courts
Court News |
2019/09/06 15:26
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A state magistrate judge in New Orleans has a conflict of interest when he sets bail for criminal defendants because bail fees help fund court operations, a federal appeals court said Thursday ? the second time in a week it has found such a conflict in New Orleans courts.
The ruling was in response to an appeal filed by Orleans Parish Criminal District Court Magistrate Judge Harry Cantrell ? often the first court official to preside over a newly arrested defendant’s case, and the one who initially sets bond.
A three-judge panel of the 5th U.S. Circuit Court of Appeal rejected Cantrell’s appeal and upheld a lower court finding that there was a conflict because fees collected as part of bail go to a judicial expense fund.
The lower court’s ruling came in response to a lawsuit filed by two state criminal defendants, one of whom was jailed for two weeks until money for a bail bond was raised, and another who was never able to come up with the money and stayed in jail for a month.
“Because he must manage his chambers to perform the judicial tasks the voters elected him to do, Judge Cantrell has a direct and personal interest in the fiscal health of the public institution that benefits from the fees his court generates and that he also helps allocate,” Judge Gregg Costa wrote for the appeals panel. The bond fees, the opinion said, contribute between 20% and 25% of the amount spent by the court in recent years.
Last Friday, a separate 5th Circuit panel said the district court judges who hear cases and preside over trials have a conflict of interest when they are faced with deciding whether some defendants are able to pay fines and fees that partially fund their court’s expenses. That decision was in response to a lawsuit filed by criminal defendants who accused the New Orleans-based court of operating what amounted to a debtors’ prison. |
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The Latest: Johnson warns of damage to political parties
Court News |
2019/09/04 15:24
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British Prime Minister Boris Johnson has warned of “lasting and catastrophic damage” to Britain’s political parties if the result of the Brexit referendum is not honored.
He told Sky News Friday that people protesting his decision to suspend Parliament during part of the run-up to the Oct. 31 Brexit deadline must realize that “the worst thing for democracy” would be to fail to make Brexit a reality.
He also says the protests and legal challenges to his policy are making it harder for Britain to forge a new deal with European Union leaders because they may believe Parliament can stop Brexit.
A court hearing in Scotland on a legal challenge seeking to block the British government’s plan to suspend Parliament has been moved up and will be heard on Tuesday.
The Court of Session hearing in Edinburgh had originally been set for Sept. 6.
Judge Raymond Doherty on Friday refused to grant a request to immediately halt Prime Minister Boris Johnson’s plan to suspend Parliament for several weeks but agreed that a “substantive” hearing would be held.
The government’s plan would shorten the time political opponents in Parliament would have in their bid to prevent Britain from leaving the European Union without a deal on Oct. 31 if no agreement with the EU is reached by then. |
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