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South Carolina court questions transportation tax spending
Law Firm Information | 2018/03/06 23:08
The South Carolina Supreme Court is questioning how a county is spending transportation tax money.

The court said Wednesday the state revenue department did not have the authority to withhold payments to Richland County.

But the justices also said the revenue department's request for an injunction preventing the county from spending the money should have been approved.

The Supreme Court said a lower court judge should require the county to establish safeguards to make sure the money is spent only on transportation-related projects and some administrative costs.

The high court said the lower court judge could also order the county to repay any previous improper spending.

A county spokeswoman said the ruling is being reviewed by its attorneys.



Organized labor case goes in front of Supreme Court
Law Firm Information | 2018/02/26 23:10
The Supreme Court is hearing arguments in a case that could deal a painful financial blow to organized labor.

All eyes will be on Justice Neil Gorsuch Monday when the court takes up a challenge to an Illinois law that allows unions representing government employees to collect fees from workers who choose not to join. The unions say the outcome could affect more than 5 million government workers in 24 states and the District of Columbia.

The court split 4-4 the last time it considered the issue in 2016. Gorsuch joined the court in April and has yet to weigh in on union fees. Organized labor is a big supporter of Democratic candidates and interests. Unions strongly opposed Gorsuch's nomination by President Donald Trump.

Illinois government employee Mark Janus says he has a constitutional right not to contribute anything to a union with which he disagrees. Janus and the conservative interests that back him contend that everything unions representing public employees do is political, including contract negotiations.

The Trump administration is supporting Janus in his effort to persuade the court to overturn its 1977 ruling allowing states to require fair share fees for government employees.

The unions argue that so-called fair share fees pay for collective bargaining and other work the union does on behalf of all employees, not just its members. People can't be compelled to contribute to unions' political activities.


Officials ask court to send Kennedy cousin back to prison
Law Firm Information | 2018/01/30 12:12
Connecticut officials are asking the state's highest court to revoke Kennedy cousin Michael Skakel's bail and send him back to prison, reminding justices it has been more than a year since they reinstated his murder conviction.

The chief state's attorney's office filed the request Monday with the state Supreme Court.

Skakel, a nephew of Robert F. Kennedy and his widow, Ethel Kennedy, was convicted of murder in 2002 in the bludgeoning death of Martha Moxley in their wealthy Greenwich neighborhood in 1975, when they were both teenagers.

He was sentenced to 20 years to life in prison. But another judge granted him a new trial in 2013, citing mistakes by his lawyer. Skakel was then freed after being allowed to post $1.2 million bail while he awaited the new trial.

Prosecutors appealed the lower court ruling to the state Supreme Court, which reinstated the conviction in December 2016 in a 4-3 ruling. Skakel's lawyers asked the high court to reconsider the decision — a request that remains pending. Skakel has been allowed to remain free on bail pending that ruling.

In Monday's petition to the Supreme Court, prosecutor James Killen wrote the court's usual practice is to rule on a request to reconsider a decision within weeks, and it's not clear why it is taking so long.


Russia court cancels journalist's deportation to Uzbekistan
Law Firm Information | 2018/01/16 12:14
Russia's highest court has annulled an order to deport a reporter to his native Uzbekistan. The Supreme Court has overturned the Moscow City Court's decision to send Khudoberdy Nurmatov to the Central Asian nation, which has shown little tolerance to dissent. In a ruling released Wednesday, the Supreme Court said the order to deport the journalist was unsubstantiated and sent the case back to the Moscow court.

Nurmatov fled Uzbekistan in 2008 after he was allegedly tortured and coerced into collaborating with security agencies. He has been repeatedly denied asylum in Russia.

In August, the Moscow City Court suspended an earlier ruling to deport him after the European Court of Human Rights had obliged Russia to halt the move amid fears that Nurmatov may face torture in Uzbekistan.


Thai court drops royal insult charges against academic
Law Firm Information | 2018/01/10 12:15
A Thai military court on Wednesday dropped royal insult charges against an 84-year old historian who questioned whether a Thai king had actually defeated a Burmese adversary in combat on elephant-back over 500 years ago.

Sulak Sivaraksa was charged in October under the draconian lese majeste law that protects the monarchy from libel and defamation. The Bangkok military court had agreed to hear views from historians and experts before it decided to drop the charges for lack of evidence.

Sulak, a veteran academic and proclaimed royalist, said he had petitioned Thailand's new king, Vajiralongkorn, for help in dropping the charges against him.

"I contacted many people for help but no one dared to. So I petitioned the king. If it weren't for His Majesty's grace, this case would not have been dropped," he said.

His case stems from a 2014 university lecture when he told the audience to "not fall prey to propaganda" and questioned whether King Naraesuan had really won the 1593 battle by defeating a Burmese prince in solo combat mounted on a war elephant. The story is one of Thailand's most celebrated historical feats and the date of the combat is marked each year with a military parade on Jan. 18.

Insulting the monarchy is punishable by three to 15 years in prison. The law in writing appears to only protect the king, queen, and heir apparent but in practice the rules are more widely interpreted.


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