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Supreme Court won't stop NY's Internet taxation
Current Legal Issues |
2013/12/05 14:47
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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. |
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Amanda Knox appeals slander case to European court
Current Legal Issues |
2013/11/29 10:48
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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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Spanish court sentences 'Robin Hood' mayor
Current Legal Issues |
2013/11/25 15:51
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A Spanish court has sentenced a town mayor and four others to seven months in prison for occupying unused military land they wanted to be loaned to farmers hard hit by the economic crisis.
The regional court of southern Andalusia on Thursday convicted Marinaleda town mayor Juan Manuel Sanchez Gordillo and the others of serious disobedience for ignoring warnings to leave the "Las Turquillas" ranch land they occupied during the summer of 2012.
Sanchez Gordillo has staged several activities to highlight the plight of Spain's near 6 million unemployed, including "Robin Hood"-style supermarket lootings in 2012 to aid the poor.
His town boasts full employment thanks to its farm cooperatives.
Defendants given sentences of less than two years in Spain are generally not imprisoned unless they have previous convictions. |
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Wash. court says gun limits OK before conviction
Current Legal Issues |
2013/11/25 15:50
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Washington's high court upheld a state law Thursday that prohibits some suspects in serious criminal cases from possessing a firearm before they have been found guilty of a crime.
The state Supreme Court said in a 5-4 ruling that the law did not violate the Second Amendment rights of a man who was eventually convicted of unlawful possession of a firearm.
Justices in the majority opinion wrote the law is limited in scope and duration.
"The State has an important interest in restricting potentially dangerous persons from using firearms," Justice Steven Gonzalez wrote in the majority opinion.
The law prohibits people from having a firearm if they have been released on bond after a judge found probable cause to believe the person has committed a serious offense.
The case was brought to the Supreme Court by Roy Steven Jorgenson, who authorities said was found with two guns in his car while he was free on bond after a judge had found probable cause to believe Jorgenson had shot someone.
In one of the dissenting opinions, Justice Charles Wiggins wrote that the Legislature may reasonably regulate the right to bear arms. But he said those regulations must comport with due process. |
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Republicans block nominee to key appeals court
Current Legal Issues |
2013/11/22 10:28
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Senate Republicans on Monday blocked President Barack Obama's nomination of Robert L. Wilkins to a key appellate court, continuing a nomination fight that has stoked partisan tensions in the Senate.
Wilkins, a District Court judge in Washington who in 2010 was confirmed by the Senate on a voice vote, was nominated to fill one of three vacancies on the U.S. Court of Appeals for the District of Columbia Circuit. He is the third straight nominee to the powerful court that Republicans have stopped from being seated.
The Senate voted 53-38 in favor of ending Republican-led delays, falling short of the 60 votes required to advance Wilkins' nomination. Republican Sens. Lisa Murkowski of Alaska and Susan Collins of Maine voted with Democrats to end debate.
The Court of Appeals for the District of Columbia is often referred to as the second most powerful court in the country, after the Supreme Court. Informally known as the D.C. circuit, the court's influence stems from its caseload — it rules on administration orders and regulations — and because some of its judges become Supreme Court justices. The D.C. circuit currently has eight active judges evenly divided between Democratic and Republican nominees.
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