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Legal News
13 Oct 2005
by Rachel Felton

[JURIST] Leading Thursday's states brief, a New York appeals court [official website] ruled today that a member of a Vermont civil union has no standing to sue a Manhattan hospital for malpractice in the death of his partner. In finding that the partner had no standing, the court stated, "any … [read more]


Legal News
11 Oct 2005
by Rachel Felton

[JURIST] Leading Tuesday's states brief, a coalition including medical professionals from the University of Missouri and Washington University, the American Diabetes Association and the Parkinson's Action Network [advocacy website] proposed a Missouri constitutional amendment that would specify that stem cell research, cures and therapies allowed under federal law are also … [read more]


Legal News
10 Oct 2005
by Rachel Felton

[JURIST] Leading Monday's states brief, the Ohio Supreme Court unanimously ruled [PDF text] today that grandparent visitation can be awarded over the wishes of the child's parents as Ohio law requires courts to balance the best interests of the child against the parent's wishes. The decision resolved conflicting rules among … [read more]


Legal News
7 Oct 2005
by Rachel Felton

[JURIST] Leading Friday's states brief, the Kansas Supreme Court removed [order] Saline County District Judge George. R. Robertson from the bench today for viewing pornography from his office computer. The court stated that the conduct of a single judge may effect the public's perception of the judicial system and that … [read more]


Legal News
6 Oct 2005
by Rachel Felton

[JURIST] Leading Thursday's states brief, the Michigan Senate [official website] voted to approve two resolutions today that would prevent taxpayer money from being spent on same-sex benefits until the state Supreme Court decides whether a lower court ruling allowing public universities and the government to provide same-sex benefits was correct. … [read more]


Legal News
4 Oct 2005
by Rachel Felton

[JURIST] Leading Tuesday's states brief, a North Carolina appeals court ruled [text] today that a September 2001 state law that raised income taxes on top-wage earners to 8.25% for the entire year is constitutional. Plaintiffs argued that the law [text] amounted to a retroactive tax in violation of the state … [read more]


Legal News
3 Oct 2005
by Rachel Felton

[JURIST] Leading Monday's states brief, the Georgia Supreme Court today upheld [PDF text] the state's implied consent law [text], allowing law enforcement to require chemical tests of suspected drunk drivers in certain circumstances. The court ruled that the tests can only be required if an individual has been involved in … [read more]


Legal News
30 Sep 2005
by Rachel Felton

[JURIST] Leading Friday's states brief, as Connecticut becomes the second state to offer same-sex couples civil unions [JURIST report] October 1, town clerks are saying they are ready, but some employers may not be prepared. While only a few town clerks offices plan to be open tomorrow and there is … [read more]


Legal News
29 Sep 2005
by Rachel Felton

[JURIST] Leading Thursday's states brief, the Oregon Supreme Court ruled in separate decisions today that a state law [decision text] banning live sex shows and a local ordinance [decision text] that requires nude dancers to stay four feet away from customers both violate the state constitution [text] guarantee of free … [read more]


Legal News
27 Sep 2005
by Rachel Felton

[JURIST] Leading Tuesday's states brief, the Washington Supreme Court [official website] heard oral arguments today on whether the 1.4% motor vehicle excise tax approved by voters in November 2002 for the financing of Seattle's Monorail Project [official website] is illegal. Currently, Seattle Mayor Greg Nickels [Mayor's press release] and the … [read more]


Legal News
26 Sep 2005
by Rachel Felton

[JURIST] Leading Monday's states brief, Connecticut has became the first state to challenge the new federal Energy Policy Act [JURIST report], allowing the developers of power projects to appeal directly to the federal government when state officials deny or delay permits. Attorney General Richard Blumenthal [AG press release] filed a … [read more]


Legal News
23 Sep 2005
by Rachel Felton

[JURIST] Leading Friday's states brief, an Alabama Circuit Court [official website] judge has overridden a jury's recommendation of life imprisonment, and sentenced Kerry Spencer to death for the murders of three police officers. Under Alabama law, a judge may override the sentencing recommendation of the jury, and in this case … [read more]


Legal News
22 Sep 2005
by Rachel Felton

[JURIST] Leading Thursday's states brief, the Florida Supreme Court ruled [PDF text] today that gun makers, sued by cities and counties seeking to recover the costs of providing services for gun-related violence, are not covered by their commercial liability insurance policies. The court found the gun makers' insurance policies excluded … [read more]


Legal News
20 Sep 2005
by Rachel Felton

[JURIST] Leading Tuesday's states brief, Connecticut Attorney General Richard Blumenthal [official website] announced today that his state will recognize the civil unions and domestic partnerships of other states, although not same-sex marriages. In a legal opinion [text], Blumenthal stated, "Civil unions performed in other states are entitled to full faith … [read more]


Legal News
19 Sep 2005
by Rachel Felton

[JURIST] Leading Monday's states brief, the Rhode Island Supreme Court issued an advisory opinion [PDF text] today saying that a proposal to build a gambling casino in West Warwick does not meet the state constitutional requirement that all lotteries be state run. Supporters of the casino, proposed by the Narragansett … [read more]


Legal News
16 Sep 2005
by Rachel Felton

[JURIST] Leading Friday's states brief, the Kentucky Court of Appeals [official website] ruled today that a one-room religious school must comply with health and plumbing regulations even if doing so would infringe on their sectarian beliefs. The school was closed by the Todd County Health Department after the department determined … [read more]


Legal News
15 Sep 2005
by Rachel Felton

[JURIST] Leading Thursday's states brief, the Massachusetts state legislature today overrode Governor Mitt Romney's veto [JURIST report] of a bill [text] which requiring emergency room doctors to offer emergency contraception to rape victims. Romney said he would not sign the bill because doing so would violate his campaign pledge not … [read more]


Legal News
13 Sep 2005
by Rachel Felton

[JURIST] Leading Tuesday's states brief, the New York Supreme Court Appellate Division [official website] heard oral arguments today on whether the court should uphold a lower court ruling that found the state's same-sex marriage ban unconstitutional [JURIST report]. Attorneys for New York City argued that gay marriage is a legislative … [read more]


Legal News
12 Sep 2005
by Rachel Felton

[JURIST] Leading Monday's states brief, the Connecticut Supreme Court ruled [PDF text] today that an illegal immigrant, suffering from severe pain and diagnosed with acute leukemia, was entitled to Medicaid because he suffered from an emergency medical condition. The court overturned a lower court decision upholding the denial of Medicaid … [read more]


Legal News
9 Sep 2005
by Rachel Felton

[JURIST] Leading Friday's states brief, former Miami Herald [newspaper website] columnist Jim DeFede will not be prosecuted for secretly taping phone conversations with Miami city commissioner Arthur T. Teele Jr. [Wikipedia backgrounder] just before Teele killed himself. Assistant State Attorney Joseph Centorino said Friday that the actions could have been … [read more]


Legal News
8 Sep 2005
by Rachel Felton

[JURIST] Leading Thursday's states brief, the Washington Supreme Court ruled [text] today that lawmakers did not violate the state constitution or a teacher-pay initiative by eliminating state financing for one of three paid non-classroom "learning improvement days." The lawsuit, filed by the Washington Education Association [association website] and teachers and … [read more]


Legal News
6 Sep 2005
by Rachel Felton

[JURIST] Leading Tuesday's states brief, a North Carolina court of appeals has ruled [text] that promotional game pieces packaged with telephone long-distance cards are not part of an illegal lottery. State officials claimed that Treasured Arts, Inc.'s long-distance telephone cards were an illegal form of gambling because the cards offered … [read more]


Legal News
5 Sep 2005
by Rachel Felton

[JURIST] Leading Monday's states brief, opponents of a recently approved Georgia voter identification law are expected to announce the filing of a federal lawsuit this week. The bill [PDF text] calls for voters to have photo identification and was recently been approved by the US Department of Justice [JURIST report]. … [read more]


Legal News
2 Sep 2005
by Rachel Felton

[JURIST] Leading Friday's states brief, a federal judge will hear arguments next week in Missouri's attempt to prevent the closing [Missouri AG press release] of the Air National Guard in St. Louis, with the state arguing that the Pentagon must first consult with state governors before closing bases. Attorney General … [read more]


Legal News
1 Sep 2005
by Rachel Felton

[JURIST] Leading Thursday's states brief, the California Senate [official website] by a 21-15 vote approved legislation today that would legalize same-sex marriages. Bill sponsor Assemblyman Mark Leno, D-San Francisco, plans to bring the bill up in the state Assembly on Tuesday. Last June the Assembly narrowly rejected a same-sex marriage … [read more]

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