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Haiti protest derides Dominican court ruling
Press Release | 2013/12/09 13:23
Hundreds of protesters gathered Friday to criticize a recent court decision in the Dominican Republic that could strip the citizenship of generations of people of Haitian descent living in the neighboring country.

The crowd peaked at about 2,000 people but thinned out during the march uphill to the Dominican Embassy to protest the decision passed two months ago by that country's court. The demonstrators urged people to boycott travel to the Dominican Republic.

Riot police set up metal barricades on a major thoroughfare that block protesters from reaching the district where the diplomatic mission is located.

The ruling has been met with sharp objection, from Caribbean leaders to the United Nations. On Friday, the Inter-American Commission on Human Rights became the latest international entity to oppose the court decision, calling on the Dominican government to take urgent measures to guarantee the rights of those people affected.

Advocacy groups estimate 200,000 people, many of them of Haitian descent, could lose their Dominican citizenship because of the court ruling. Dominican officials say only about 24,000 would be affected.


Court Won't Hear Appeal Of New York Internet Taxation
Headline Topics | 2013/12/05 13:33
The Supreme Court on Monday refused to consider throwing out New York state's taxes on Internet purchases on websites like Amazon.com, a move that could change the way Internet commerce works.

The high court refused without comment to hear appeals from Amazon.com LLC and Overstock.com Inc., in their fights against a state law that forces them to remit sales tax the same way in-state businesses do.

Web retailers generally have not had to charge sales taxes in states where they lack a store or some other physical presence. But New York and other states say that a retailer has a physical presence when it uses affiliates — people and businesses that refer customers to the retailer's website and collect a commission on sales. These affiliates range from one-person blogs promoting the latest gadgets to companies that run coupon and deal sites.

Amazon and Overstock both use affiliate programs. Amazon has been collecting sales tax in New York as it fights the state over a 2008 law that was the first to consider local affiliates enough of an in-state presence to require sales tax collection. Overstock ended its affiliate program in 2008 after the law passed.

The Supreme Court refusal to hear the websites' appeal likely will prompt more and more states to attempt to collect taxes from website purchases. Around 20 states, including New York, already have similar laws on the books. The National Council of State Legislatures estimated that states lost an estimated $23.3 billion in 2012 from being prohibited from collecting sales tax from online and catalog purchases.


Supreme Court won't stop NY's Internet taxation
Headline Topics | 2013/12/05 13:32
On perhaps the busiest online shopping day of the year, the Supreme Court refused to wade into a dispute over state sales taxes for purchases on websites like Amazon.com, an outcome likely to prompt more states to attempt to collect taxes on Internet sales.

Monday's court action means "it might be the last Cyber Monday without sales tax," said Joseph Henchman of the Washington -based Tax Foundation.

It's all part of a furious battle -- also including legislation in Congress -- among Internet sellers, millions of buyers, aggrieved brick-and-mortar stores and states hungry for billions of dollars in extra tax revenue.

The high court without comment turned away appeals from Amazon.com LLC and Overstock.com Inc. in their fight against a New York court decision forcing them to remit sales tax the same way in-state businesses do. This could hurt online shopping in that state, since one of the attractions of Internet purchasing is the lack of a state sales tax, which makes some items a little cheaper than they would be inside a store on the corner.

And the effect could be felt far beyond New York if it encourages other states to act. The National Council of State Legislatures estimates that states lost an estimated $23.3 billion in 2012 as a result of being unable to collect sales tax on online and catalog purchases.

The court's refusal "allows states that have passed laws like New York's to continue doing what they've been doing," said Neal Osten, director of the Council's Washington office.


Nevada Supreme Court upholds ethics laws
Headline Court News | 2013/12/02 12:31
The Nevada Supreme Court upheld the state's ethics laws on Wednesday while backing the censure of a Sparks councilman for his 2005 vote on a casino project involving his former campaign manager.

In a 5-2 opinion, justices rejected arguments from Sparks Councilman Michael Carrigan that the conflict of interest laws are overly vague and violate constitutional protections of right of association.

Chief Justice Kris Pickering, writing for the majority, said the law serves to ensure that public officers "avoid conflicts between (their) private interests and those of the general public whom (they) serve."

At issue was whether a catch-all phrase in Nevada law extending defined voting prohibitions — such as in matter involving family members, business partners or employers — to any other substantially similar relationship is vague and unconstitutional.

Carrigan was censured by the state Ethics Commission for voting on the Lazy 8 hotel-casino project. Carlos Vasquez, a lobbyist for the project, had served as Carrigan's campaign manager free of charge and placed media ads for the campaign at cost, according to court documents. He also lobbied for the project before the Sparks City Council.

The Lazy 8 was backed by one-time developer and Nevada political powerhouse Harvey Whittemore, who was convicted this year in federal court on felony charges related to illegal campaign contributions made to Senate Majority Leader Harry Reid.


Appeals court to take up San Francisco jail suit
Headline Topics | 2013/12/02 12:30
A federal appeals court is set to take up a lawsuit over a former San Francisco sheriff's decision to remove male deputies from female housing units at the county's jail.

San Francisco Sheriff Michael Hennessey made the decision in 2006 in response to inmate complaints of sexual misconduct. More than two dozen male and female deputies have since sued, saying it is discriminatory.

The San Francisco Chronicle reports (http://bit.ly/1adufFe) that a three-judge panel of the 9th U.S. Circuit Court of Appeals is scheduled to consider the case next Wednesday.

Attorneys for the deputies say not one sexual misconduct claim made by a female inmate against a male deputy was sustained in the 16 years before the sheriff' policy change.

City attorneys dispute that, saying three deputies resigned and two others were suspended.


Supreme Court Will Take up New Health Law Dispute
Headline Court News | 2013/11/29 09:55
The Supreme Court agreed Tuesday to referee another dispute over President Barack Obama's health care law, whether businesses can use religious objections to escape a requirement to cover birth control for employees.

The justices said they will take up an issue that has divided the lower courts in the face of roughly 40 lawsuits from for-profit companies asking to be spared from having to cover some or all forms of contraception.

The court will consider two cases. One involves Hobby Lobby Inc., an Oklahoma City-based arts and crafts chain with 13,000 full-time employees. Hobby Lobby won in the lower courts.

The other case is an appeal from Conestoga Wood Specialties Corp., a Pennsylvania company that employs 950 people in making wood cabinets. Lower courts rejected the company's claims.

The court said the cases will be combined for arguments, probably in late March. A decision should come by late June.

The cases center on a provision of the health care law that requires most employers that offer health insurance to their workers to provide a range of preventive health benefits, including contraception.

In both instances, the Christian families that own the companies say that insuring some forms of contraception violates their religious beliefs.

The key issue is whether profit-making corporations can assert religious beliefs under the 1993 Religious Freedom Restoration Act or the First Amendment provision guaranteeing Americans the right to believe and worship as they choose. Nearly four years ago, the justices expanded the concept of corporate "personhood," saying in the Citizens United case that corporations have the right to participate in the political process the same way that individuals do.

"The government has no business forcing citizens to choose between making a living and living free," said David Cortman of the Alliance Defending Freedom, the Christian public interest law firm that is representing Conestoga Wood at the Supreme Court.


Amanda Knox appeals slander case to European court
Court Watch News | 2013/11/29 09:54
Lawyers for Amanda Knox filed an appeal of her slander conviction in Italy with the European Court of Human Rights, as her third murder trial was underway in Florence.

The slander conviction was based on statements Knox made to police in November 2007 when she was being questioned about the slaying of her British roommate, Meredith Kercher, in the house they shared in Perugia.

Knox says she was coerced into making false statements blaming the slaying on bar owner Patrick Lumumba.

"The interrogation took place in a language I barely spoke, without a lawyer present, and without the police informing me that I was a suspect in Meredith's murder, which was a violation of my human rights," Knox said in a statement released Monday as the appeal was filed.

Knox was convicted of slander at her first trial in December 2009. That conviction was upheld during the appeal that resulted in her 2011 murder acquittal.

Knox has returned to Seattle, where she is a student at the University of Washington. She is not attending the third trial being held in an appeals court in Florence.

The European Court for Human Rights is an international court in Strasbourg, France, that oversees the European Convention on Human Rights.


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