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Protection Denied To Ashy-Storm Petrel
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2009/08/25 09:22
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Courthouse News reports that the US Fish and Wildlife Service has completed a 12 month review of a petition from Center for Biological Diversity to list the Ashy-storm petrel as endangered, finding that such a listing is not warranted at this time.
In denying the Center's petition, Fish and Wildlife found that there was insufficient scientific evidence that ocean acidification has had a negative impact on the krill on which the petrel feeds. The agency also determined that previous actions to prevent light pollution at petrel nesting sites, such as a limit on allowable wattage, and prohibitions on night fishing near large nesting sites, are sufficient countermeasures to protect the nocturnal hunting of the petrel. |
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California's Nazi Art Law Unconstitutional
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2009/08/24 13:48
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According to Courthouse News, a state law that allows Californians to recover art stolen by Nazis is unconstitutional because it infringes on the federal government's foreign affairs powers, the 9th Circuit ruled in a case involving a16th century piece by Lucas Cranach in the Norton Museum of Art in Pasadena.
The circuit found that the scope of the 2002 statute is too broad and goes beyond providing redress to California's victims of Nazi looting.
According to circuit Judge David R.Thompson, the law's language suggests that California's real purpose was to create a friendly forum for litigating Holocaust restitution claims, open to anyone in the world to sue a museum or gallery located within or without the state. |
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Military Workers Get $100K Death Benefit
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2009/08/21 09:04
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According to Courthouse News, every workers-compensation death benefit to eligible survivors of certain federal employees will be for $100,000, the Labor Department says. The federal employees at issue, in new regulations under the Federal Employee's Compensation Act, are those who die of injuries incurred in connection with service with an Armed Force in a contingency operation. Survivors who already have received death benefits under another program will not receive the full amount.
Occupational diseases apply along with traumatic injuries, and it does not matter how long after that injury the employee dies. |
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Proposition 8 Trial Set For January
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2009/08/20 09:09
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According to Courthouse News, the trial challenging Proposition 8, California's voter-approved ban on same-sex marriage, begins Jan. 11, a federal judge announced.
US District Court Judge Vaughn Walker will oversee the trial challenging as unconstitutional the November 2008 vote that defined marriage in California as being between a man and a woman. |
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Lawyers Ask Judge To Lift Ban On Electronic Cigarettes
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2009/08/19 09:07
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The National Law Journal reports lawyers for electronic cigarette distributors told a federal judge on Monday that their clients do not market their products as a way to quit smoking, and that the Food and Drug Administration was acting like a dog chasing its own tail as it tried to explain why it was barring shipments of the devices into the United States.
Appearing Monday afternoon at the US District Court for the District of Columbia, attorneys for Smoking Everywhere and NJoy asked Judge Richard Leon for a preliminary injunction that would lift the FDA's embargo on their products. The companies sued the FDA in April, claiming the agency had erroneously classified e-cigarettes as unapproved drug devices, and banned imports of them into the states.
Justice Department attorney Drake Cutini, representing the FDA, contended that the e-cigarette companies were marketing their products using health claims, including customer testimonials that the devices helped them quit smoking. |
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Vision-Impaired Transit Riders Lose ADA Claims
Headline Topics |
2009/08/18 09:06
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Courthouse News reports that the 9th Circuit dismissed the claim that the Bay Area Rapid Transit violated disability law by not making its steps and handrails more accessible to vision-impaired riders.
A three-judge panel in San Francisco overturned a federal judge's ruling that BART violated the Americans with Disabilities Act by not offering accessible handrails or color-contrast striping on stairs.
US District Judge Claudia Wilken conceded that, despite complaints from vision-impaired riders, BART was in compliance with the Department of Transportation's regulations. However, she found those regulations both arbitrary and capricious and plainly contrary to the ADA.
She awarded the plaintiffs, two sight-impaired BART riders, $35,000 in compensatory damages, plus legal costs and attorney fees. She also ordered BART to take specific steps to improve accessibility for riders with poor vision. |
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Court Upholds Texas School's Dress Code
Headline Topics |
2009/08/17 09:14
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According to Courthouse News, Texas school district's dress code banning shirts with words on them doesn't violate students' free-speech rights, the 5th Circuit ruled.
Paul Palmer, then a sophomore at Waxahachie High in the Waxahachie Independent School District, wore a shirt to school in September 2007 with the words San Diego written on it. His assistant principal told him the shirt violated the district's dress code.
Palmer called his parents, who then brought him a John Edwards for President '08 T-shirt instead. That shirt wasn't allowed, either.
Palmer sued in April 2008, claiming the dress code violated his First Amendment right to free speech. But because the school district had adopted a new dress code for the upcoming year four days before the hearing, the court dismissed Palmer's motion without prejudice.
In siding with the school district, the New Orleans-based appeals court called Palmer's argument flawed, because it fails to include another type of student speech restriction that schools can institute: content-neutral regulations. |
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