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Supreme Court takes up case of fired air marshal
Current Legal Issues |
2014/05/20 12:57
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The Supreme Court agreed Monday to consider the case of a federal air marshal who was fired after leaking information to the press about aviation security plans.
The justices will hear an appeal from the Obama administration, which claims Robert MacLean is not entitled to whistleblower protection for disclosing that the Transportation Security Administration planned to save money by cutting back on overnight trips for undercover air marshals.
MacLean was fired in 2006, three years after he told a reporter the cuts were being made despite a briefing days earlier about an imminent terrorist threat focusing on long-distance flights. MacLean said he leaked the information after his boss ignored his safety concerns.
When news of the planned became public, congressional leaders expressed their concerns and the Department of Homeland Security acknowledged that the plan was a mistake. No flight assignments requiring overnight hotel stays were canceled.
The U.S. Court of Appeals for the Federal Circuit ruled last year that MacLean should be allowed to present a defense under federal whistleblower laws. But the government argues that the law does not protect employees who reveal "sensitive" security information.
MacLean asserts that no law specifically prohibited him from revealing the information because it wasn't considered sensitive when it was shared with him. The agency's decision to curb the overnight trips was sent as a text to MacLean's cellphone without using more secure methods. He says the law protects government employees who report violations of the law or specific danger to public safety.
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European court: Google must yield on personal info
Current Legal Issues |
2014/05/13 14:26
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People should have some say over the results that pop up when they conduct a search of their own name online, Europe's highest court said Tuesday.
In a landmark decision, The Court of Justice of the European Union said Google must listen and sometimes comply when individuals ask the Internet search giant to remove links to newspaper articles or websites containing their personal information.
Campaigners say the ruling effectively backs individual privacy rights over the freedom of information.
In an advisory judgment that will impact on all search engines, including Yahoo and Microsoft's Bing, the court said a search on a person's name yields a results page that amounts to an individual profile. Under European privacy law, it said people should be able to ask to have links to private information in that 'profile' removed.
It is not clear how exactly the court envisions Google and others handling complaints, and Google said it is still studying the advisory ruling, which cannot be appealed.
In the ruling, the court said people "may address such a request directly to the operator of the search engine ... which must then duly examine its merits." The right is not absolute, as search engines must weigh "the legitimate interest of Internet users potentially interested in having access to that information" against the right to privacy and protection of personal data. |
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Armstrong appeals to Texas Supreme Court
Current Legal Issues |
2014/05/05 16:26
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Lance Armstrong asked the Texas Supreme Court on Friday to stop a Dallas company from trying to force him to pay back about $12 million in bonuses it paid him for winning the Tour De France.
SCA Promotions sued Armstrong last year after he admitted using performance enhancing drugs during his career.
The dispute dates to 2005 when SCA investigated allegations of drug use and Armstrong gave sworn testimony denying doping.
The company arbitration eventually settled in arbitration and agreed to pay him.
The original arbitration panel has agreed to reopen the case. Armstrong's attorneys say Texas law won't allow parties to revisit voluntary settlements.
Lower courts have refused to stop the case. Now Armstrong is appealing to the state's highest civil court.
Armstrong has faced several lawsuits since admitting last year that he used steroids and other performance-enhancers to win the Tour de France every year from 1999-2005. |
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India's top court recognizes third gender category
Current Legal Issues |
2014/04/15 15:16
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India's top court on Tuesday issued a landmark verdict recognizing transgender rights as human rights, saying people can identify themselves as a third gender on official documents.
The Supreme Court directed the federal and state governments to include transgendered people in all welfare programs for the poor, including education, health care and jobs to help them overcome social and economic challenges. Previously, transgendered Indians could only identify themselves as male or female in all official documents.
The decision was praised as giving relief to the estimated 3 million Indians who are transgender.
The court noted that it was the right of every human being to choose their gender while granting rights to those who identify themselves as neither male nor female.
"All documents will now have a third category marked 'transgender.' This verdict has come as a great relief for all of us. Today I am proud to be an Indian," said Laxmi Narayan Tripathi, a transgender activist who, along with a legal agency, had petitioned the court.
The court's decision would apply to individuals who have acquired the physical characteristics of the opposite sex or present themselves in a way that does not correspond with their sex at birth.
"The spirit of the (Indian) Constitution is to provide equal opportunity to every citizen to grow and attain their potential, irrespective of caste, religion or gender," the court said in its order.
The Supreme Court specified its ruling would only apply to transgender people but not to gays, lesbians or bisexuals. India's LGBT communities have been protesting the court's recent decision to reinstate a colonial-era law banning gay sex, which they say will make them vulnerable to police harassment.
The court also ordered the government to put in place public awareness campaigns to lessen the social stigma against transgender people. |
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EU court nixes government bulk data collection
Current Legal Issues |
2014/04/08 12:32
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The European Union's top court says key legislation allowing governments to collect data on citizens' communications for law-enforcement purposes is invalid.
The European Court of Justice in Luxembourg on Tuesday ruled the so-called data retention directive is too far-reaching and offers too few safeguards to protect people's right to privacy, creating an impression that "private lives are the subject of constant surveillance."
The legislation allows the storage of phone calls or online communication records for at least six months to help prevent serious crimes such as terrorism. The data typically reveal who was involved in the communication, when and how often, but not its content.
The court says the 2006 legislation represents a "particularly serious interference with fundamental rights." |
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