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Supreme Court to hear Texas Senate districts case
Court Watch |
2015/06/03 00:57
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The Supreme Court agreed Tuesday to hear an important case about whether states must count only those who are eligible to vote, rather than the total population, when drawing electoral districts for their legislatures.
The case from Texas could be significant for states with large immigrant populations, including Latinos who are children or not citizens. The state bases its electoral districts on a count of the total population, including non-citizens and those who aren't old enough to vote.
But those challenging that system argue that it violates the constitutional requirement of one person, one vote. They claim that taking account of total population can lead to vast differences in the number of voters in particular districts, along with corresponding differences in the power of those voters.
A ruling for the challengers would shift more power to rural areas and away from urban districts in which there are large populations of immigrants who are not eligible to vote because they are children or not citizens. Latinos have been the fasting growing segment of Texas' population and Latino children, in particular, have outpaced those of other groups, according to census data.
"And because urban areas are more Democratic, the ruling could help Republicans," said Richard Hasen, an expert on election law at the University of California-Irvine law school.
The Project on Fair Representation is funding the lawsuit filed by two Texas residents. The group opposes racial and ethnic classifications and has been behind Supreme Court challenges to affirmative action and the federal Voting Rights Act.
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Pandora loses to BMI in court hearing, vows to appeal
Court Watch |
2015/05/15 13:02
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Pandora Media Inc. lost a court hearing Thursday in a dispute with music publishing rights group BMI over royalty rates, but the Internet streaming leader said it will appeal.
Pandora said it's confident it can win later since the appeals court — the 2nd U.S. Circuit Court of Appeals in New York — last week ruled in its favor in a case against the other major publishing group known as ASCAP.
Thursday's ruling would force Pandora to pay 2.5 percent of its revenue to songwriters and music publishers, up from 1.75 percent. Last week's appeals court ruling allowed Pandora's 1.85 percent rate to ASCAP to stay intact.
If the appeal fails, Pandora says its costs could rise by 0.8 percent of revenue, which would have amounted to about $1.7 million last quarter.
BMI called the ruling a victory for the more than 650,000 songwriters, composers and publishers it represents.
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California court ruling could limit drought fighting tools
Court Watch |
2015/04/23 16:06
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In a ruling that Gov. Jerry Brown says puts a "straitjacket" on local governments trying to fight the severe statewide drought, an appeals court has found that an Orange County city's tiered water rates are unconstitutional.
The ruling by the 4th District Court of Appeal on Monday against the city of San Juan Capistrano potentially deals a blow to agencies statewide that have used the pricing structure to encourage water conservation.
"The practical effect of the court's decision is to put a straitjacket on local government at a time when maximum flexibility is needed," Brown said in a statement after Monday's ruling. "My policy is and will continue to be: employ every method possible to ensure water is conserved across California."
The 3-0 ruling upholds a Superior Court judge's decision that found that charging bigger water users incrementally higher rates violates a voter-approved law that prohibits government agencies from charging more than the cost of a service.
It comes shortly after Brown issued drought orders that call for rates that encourage people to save water, including tiered pricing. About two-thirds of water districts in the state use some form of tiered pricing, and the ruling was being closely watched to see how it might apply beyond the appellate court, which is only binding in Orange County.
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Ex-Premier Zia avoids arrest as Bangladesh court grants bail
Court Watch |
2015/04/07 13:11
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Former Bangladesh Prime Minister Khaleda Zia avoided arrest on corruption charges Sunday after a court granted her bail.
Judge Abu Ahmed Jamadder approved Zia's request for bail when she surrendered to court in the capital, Dhaka.
Zia left her office for the first since Jan. 5, when authorities had initially barred her from leaving to attend an anti-government rally calling for the resignation of Prime Minister Sheikh Hasina, her archrival. Authorities later said she was free to move to her nearby residence, but Zia refused, vowing to continue with anti-government protests that have turned violent, leaving nearly 115 people dead since the beginning of the year.
Zia's lawyers have rejected allegations that she illegally collected more than $1 million in donations for a charity during her last premiership in 2001-2006, and say the charges are politically motivated, which authorities deny. The trial began early last year.
The court had issued an arrest warrant for Zia in February after she failed to appear to answer the charges against her. Prosecutors on Sunday did not oppose Zia's bail request.
Zia currently leads a 20-party opposition alliance that has been enforcing a nonstop transportation blockade across the South Asian country since early January to demand that Hasina resign and a new election be called.
The blockade began after a year of relative calm following a January 2014 election that was boycotted by Zia's party. The boycott allowed Hasina to come to power with an overwhelming majority, and she says there is no need for another election before 2019, when her five-year term ends. |
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Court: Not disclosing HIV before sex is a misdemeanor
Court Watch |
2015/02/25 10:50
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An HIV-positive man who told a partner that they could safely have unprotected sex should face a misdemeanor reckless endangerment charge, not a felony, New York's highest court ruled Thursday.
The Court of Appeals said Terrance Williams didn't expose his partner "out of any malevolent desire" to give him the virus that causes AIDS, though he lied about having the infection and his partner did get sick. The court said the Syracuse man didn't show "depraved indifference," which is necessary to support the felony charge.
The judges declined to decide whether HIV infection no longer "creates a grave and unjustifiable risk of death" because of advances in medical treatment. Two lower courts had reached that conclusion while knocking down the felony indictment to the lesser charge.
The felony could have sent Williams to prison for seven years. He still faces the misdemeanor and a possible year in jail if convicted. |
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