Attorney News 2012/12/03 18:54
The war on terror is not an endless conflict and the U.S. is approaching a "tipping point" after which the military fight against al-Qaida will be replaced by a law enforcement and intelligence operation, the Pentagon's top lawyer has said.
Jeh Johnson told an audience at Oxford University that the core of al-Qaida is "degraded, disorganized and on the run," according to a transcript of Friday's speech.
Johnson, general counsel to the U.S. Defense Department, said that once most al-Qaida members are captured or killed, armed conflict would be replaced by "a counterterrorism effort against individuals" led by law enforcement and intelligence agencies.
His speech to the Oxford Union debating society marked rare public comments by a senior U.S. official about the end of the armed conflict launched after the Sept. 11 attacks.
Shortly after 9/11, U.S. legislators passed a law that essentially granted the White House open-ended authority for armed action against al-Qaida.
Despite a promise to close the Guantanamo Bay prison camp for terror suspects, President Barack Obama has largely carried forward the anti-terrorism policies of his predecessor, George W. Bush. He authorized the raid that killed al-Qaida leader Osama bin Laden and has expanded the use of unmanned drone strikes against targets in Pakistan and Yemen.

Court Watch 2012/11/27 22:22
The Supreme Court has revived a Christian college's challenge to President Barack Obama's healthcare overhaul, with the acquiescence of the Obama administration.
The court on Monday ordered the federal appeals court in Richmond, Va., to consider the claim by Liberty University in Lynchburg, Va., that Obama's health care law violates the school's religious freedoms.
The court's action at this point means only that the 4th U.S. Circuit Court of Appeals must now pass judgment on issues it previously declined to rule on.
A federal district judge rejected Liberty's claims, and a three-judge panel of the 4th Circuit voted 2-1 that the lawsuit was premature and never dealt with the substance of the school's arguments. The Supreme Court upheld the health care law in June.
The justices used lawsuits filed by 26 states and the National Federation of Independent Business to uphold the health care law by a 5-4 vote, then rejected all other pending appeals, including Liberty's.
The school made a new filing with the court over the summer to argue that its claims should be fully evaluated in light of the high court decision. The administration said it did not oppose Liberty's request.
Liberty is challenging both the requirement that most individuals obtain health insurance or pay a penalty, and a separate provision requiring many employers to offer health insurance to their workers.

Headline Legal News 2012/11/15 12:28
A court hearing for the man charged with the Colorado movie theater killings has been postponed after his attorneys said Wednesday that he had been taken to a hospital for unspecified reasons.
Court documents filed Wednesday gave no details of James E. Holmes' condition, other than that it "renders him unable to be present in court for hearing." The hearing had been scheduled to discuss pretrial motions and media requests for information under state open records laws.
At a hearing Wednesday on defense attorneys' request to delay the court date, defense attorney Tamara Brady said Holmes was taken to a hospital Tuesday. She didn't say where or offer details on why, saying attorneys don't want to disclose privileged medical or psychiatric information.
"It's not as simple as a migraine, and it's not something that will resolve by tomorrow morning," she said.
Arapahoe County District Judge William B. Sylvester said that was sufficient information for him and postponed the Thursday hearing until Dec. 10.
Prosecutor Rich Orman had objected, saying the defense should be required to give information on Holmes' condition first.

Politics 2012/11/06 10:32
Legions of lawyers are ready to enter the fray in case Election Day turns on a legal challenge. One nightmare scenario would be for the results in a battleground state like Florida or Ohio to be too close to call, with thousands of absentee or provisional ballots yet to be counted.
The key, experts say, is whether the difference in votes between the two candidates is within what's known as the "margin of litigation" — that is, the number of outstanding votes must be much greater than the margin separating Obama and Romney when the smoke clears. And, it must be in a state that's decisive.
"You'd have to have a state whose Electoral College votes are absolutely pivotal or there would have to be a massive problem involving voters," said Richard Hasen, law professor at the University of California, Irvine, and founding editor of the Election Law Journal. "There not only have to be problems in an election. They have to be widespread enough or the margin close enough that litigating would actually make a difference."
Legal and campaign officials on both sides say lawyers are poised at both the national level and in the key states to respond immediately if a court challenge is needed. The political parties have gained a lot of experience in legal fights over U.S. Senate and House seats. The last major legal battle over the presidency was the 2000 race, settled by the U.S. Supreme Court favoring George W. Bush over Al Gore.

Topics in Legal News 2012/10/26 16:58
A proposed settlement in a class-action lawsuit brought by retailers and trade groups against Visa Inc. and MasterCard Inc. fails to protect merchants from abuse by credit card companies, a national retail group says.
The lawsuit, which dates to 2005, centers on the subject of swipe fees — charges banks collect every time a Visa or MasterCard is used to pay for a purchase.
The proposed settlement terms, initially disclosed in July, were revised and filed Friday with U.S. District Court in Brooklyn.
But changes to the deal failed to win over many of the retailers represented by the National Retail Federation.
In a statement Mallory Duncan, the trade group's general counsel, said that the proposed deal does virtually nothing to protect retailers or their customers, and it attempts to silence any objections for years to come.
"Retailers would rather take their chances in court than accept this one-sided swindle written by the card industry for the card industry," he added.
The National Retail Federation, the nation's largest retail trade group, is not a party to the lawsuit.
In a statement Friday, Visa called the settlement a fair and reasonable compromise.
Under the proposed settlement, stores will be allowed to charge customers more if they pay with a credit card. The pact covers only U.S. transactions.

Legal Insight 2012/10/24 16:56
Lap dances are taxable because they don't promote culture in a community the way ballet or other artistic endeavors do, New York's highest court concluded Tuesday in a sharply divided ruling.
The court split 4-3, with the dissenting judges saying there's no distinction in state law between "highbrow dance and lowbrow dance," so the case raises "significant constitutional problems."
The lawsuit was filed by Nite Moves in suburban Albany, which was arguing fees for admission to the strip club and for private dances are exempt from sales taxes.
The court majority said taxes apply to many entertainment venues, such as amusement parks and sporting events. It ruled the club has failed to prove it qualifies for the exemption for "dramatic or musical arts performances" that was adopted by the Legislature "with the evident purpose of promoting cultural and artistic performances in local communities."
The majority reached similar conclusions about admission fees to watch dances done onstage around a pole, as well as for lap dances or private dances.
W. Anderson McCullough, attorney for the club, said he and his client were bitterly disappointed by the judges' ruling.
