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High court sets oral arguments in campaign lawsuit
Court News | 2011/07/15 22:19
A conservative group fighting campaign finance rules in Montana says in a recent filing that it agrees disclosure laws can apply to corporate speech, but Western Tradition Partnership argues it isn't subject to current disclosure laws because its attack mailers fall outside the definition of "electioneering."

The Montana Supreme Court has set oral arguments for September in the state's challenge to a district court decision that tossed out the outright ban on corporate political spending.

Western Tradition Partnership first filed the lawsuit last year piggybacking on the high-profile Citizen's United case decided by the U.S. Supreme Court. The group aims to undo Montana's century-old restriction on corporate political spending.

Western Tradition is separately fighting a decision that it failed to report campaign expenditures. The group argues its activities are not intended to influence elections.

In a brief filed earlier this month with the Supreme Court on the main case fighting the ban corporate campaign spending, WTP made it clear it believes campaign finance regulation is OK.

"If the State is truly concerned with accountability, the state has other means at its disposal, such as disclosure laws, to make sure that people know who is speaking," Western Tradition argued in the brief. "It is inappropriate, and indeed, unconstitutional, to completely outlaw corporate political speech."






Law school enrollment in Missouri lags as legal jobs dry up
Court News | 2011/07/04 00:13
Missouri law schools expect fewer students in the fall after several years of significant enrollment growth both regionally and nationally.

The St. Louis Post-Dispatch reported this week that the University of Missouri's flagship campus in Columbia has received 17 percent fewer applications this year. Applications at Washington University dropped 13.3 percent, while St. Louis University is seeing a nearly 20 percent decline.

A national group that tracks law school enrollment says that applications are down more than 10 percent overall compared to this time last year.

The economic downturn means that law school graduates can no longer count on landing lucrative jobs straight out of college. The declining interest comes one year after many schools reported record enrollment.

"The stories about the legal market have certainly dampened some people's enthusiasm," said Paul Pless, assistant dean for admissions and financial aid at the University of Illinois at Urbana-Champaign College of Law. Applications at Illinois are down nearly 8 percent so far this year.

Melissa Hamilton, 35, is a recent University of Missouri law school graduate still looking for a job. She's applied for a few government positions but is waiting until she passes the bar exam before making a stronger push. She's also looking into jobs where she could also use her master's degree in social work.





In Strauss-Kahn case, DA weighs limited options
Court News | 2011/07/02 00:13
At first, prosecutors said their sexual assault case against Dominique Strauss-Kahn was growing more formidable by the day. Six weeks later, they said his accuser's history of lying raised major red flags, but they weren't dropping the case, at least for now.

With the former International Monetary Fund leader freed from house arrest because the case has weakened, prosecutors aren't saying what their next move may be.

Some legal experts say prosecutors will all but have to abandon the case because of the damage to the accuser's overall credibility, even if they believe Strauss-Kahn attacked the woman, a housekeeper at a New York City hotel where he was staying. Still, at least one former high-level prosecutor thinks the case isn't doomed.

For now, Manhattan District Attorney Cyrus R. Vance, Jr. is saying only that prosecutors will keep investigating "until we have uncovered all relevant facts."

"Sometimes the road to get to the truth has twists and turns in it, which are not always apparent at the outset," he said in a statement Sunday. "What is important is not a win or a loss, but rather to ensure the criminal justice system balances the rights of all those who come before it."

Prosecutors have a number of options, including going ahead with the current charges or reducing them.

They could try to negotiate a plea deal, though it's unclear whether Strauss-Kahn would entertain one. He has asserted his innocence, and the doubts raised about the woman's trustworthiness would likely improve his chances at a trial. While prosecutors haven't questioned her account of the alleged attack itself, they say she's been untruthful about a number of other things, including what she did right afterward. That could make potential jurors reluctant to take her word over Strauss-Kahn's.



Court won't revive Clemens lawsuit against trainer
Court News | 2011/06/27 22:29

The Supreme Court won't revive baseball star Roger Clemens' lawsuit against his former personal trainer for claiming he injected the pitcher with steroids and human growth hormones.

The high court on Tuesday refused to hear an appeal from the seven-time Cy Young winner, who has an upcoming perjury trial in Washington.

The 5th U.S. Circuit Court of Appeals threw out Clemens' defamation suit against his longtime trainer Brian McNamee, saying a Texas federal court didn't have jurisdiction over Clemens' claims involving statements McNamee made in New York.

Clemens wanted that decision overturned, but the high court refused to take up the case.

McNamee said in New York he had injected Clemens with steroids and HGH and repeated those allegations during an interview at his New York home to a writer for SI.com.

Clemens has denied using performance-enhancing drugs, and testified in front of the House Oversight and Government Reform Committee in February 2008 that he never used drugs in his 24-year career.

Prosecutors say that was a lie and have charged him with false statements, perjury and obstruction of Congress. The former pitching star's criminal trial is expected to begin on July 6.




Ex-Delaware pediatrician guilty of child sex abuse
Court News | 2011/06/23 22:30
A former Delaware pediatrician who decorated his office with Disney characters and miniature amusement park rides was found guilty Thursday of sexually abusing scores of his young patients.

Earl Bradley, 58, recorded homemade videos of the abuse, said prosecutors, who presented the judge with more than 13 hours of videos showing sex crimes against more than 80 victims, most of whom were toddlers.

Superior Court Judge William Carpenter Jr. announced the verdict in business-like fashion, avoiding any personal remarks about Bradley. An indictment against Bradley initially contained 470 counts, but attorneys agreed before the trial to consolidate them into 24 counts.

Bradley was found guilty on 14 counts of first-degree rape and five counts each of second-degree assault and sexual exploitation of a child.

Bradley, who will be sentenced on Aug. 26, faces up to life in prison on each rape charge.

He showed no reaction when the verdict was announced, but some of the spectators cried.

Carpenter presided over a one-day trial in which prosecutors called two witnesses and presented the judge with an external hard drive containing the videos, recorded from December 1998 to Dec. 13, 2009. Bradley was arrested after a 2-year-old girl told her mother the doctor hurt her after an office visit, an accusation that came just days before the last video was recorded.

In a footnote to his verdict, the judge wrote that he was unable to discern the video activity for one alleged victim and there was no video for another.




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