The Supreme Court ruled 5-3 that New York City government lacks standing under the Racketeer Influenced and Corrupt Organizations Act (“RICO”) to sue a cigarette vendor from tax-free sales online. Justice John Roberts described the case as follows: Read the rest of this entry »
USLegal » USLegal Reporter Home » U.S. Supreme Court Rules City Lacks Standing to Sue for Online Cigarette Sales
U.S. Supreme Court Rules City Lacks Standing to Sue for Online Cigarette Sales
January 26th, 2010 by Dana Altman
U.S Eases Immigration Restrictions for Haitians
January 19th, 2010 by Dana Altman
After a devastating 7.0 earthquake in Haiti last week, the Department of Homeland Security (DHS) granted humanitarian parole to certain classes of Haitian orphans, including those in the process of adoption by Americans. The humanitarian parole policy grants temporary admission to the U.S. in emergency cases. DHS also granted Temporary Protected Status to Haitian nationals already present in the U.S. when the earthquake hit. Such Haitians will be allowed to continue living and working in the US for the next 18 months, despite their immigration status. Read the rest of this entry »
U.S. Lifts HIV Travel Ban
January 12th, 2010 by Dana Altman
Since 1987, there have been restrictions on allowing HIV-positive non-citizens to travel or immigrate to the United States. Uner the ban, in order to enter the U.S., an HIV-positive non-citizen was required to meet strict waiver requirements. All applicants for lawful permanent residence were required to take an HIV test, and if the result was positive, needed to get a waiver to continue the application process.
President Bill Clinton attempted to lift the restrictions in 1993, but Congress responded by adding the HIV exclusion to the Immigration and Nationality Act. When enacted, it was less understood whether AIDS could be spread through casual contact, and the disease was less manageable through treatment than it is today. Also on the exclusion list for travel and immigration are active tuberculosis, infectious gonorrhea, syphilis and infectious leprosy, as well as little-known sexually transmitted conditions such as chancroid, lymphogranuloma venereum or LGV, and granuloma inguinale. More than 1.1 million people in the U.S. are infected with HIV and more than 250,000 remain undiagnosed, according to the Center for Disease Control. According to estimates, about 56,000 people in the U.S. are newly infected with the virus each year.
Sources: http://jurist.law.pitt.edu/hotline/2010/01/lifting-hiv-travel-ban-marks-end-to-era.php
Nonbiological Surrogate Mom Ruled to Be Legal Parent of Twins
January 5th, 2010 by Dana Altman
A New Jersey court has declared a gestational surrogate who bore twins for her brother and his male partner to be the childrens’ legal mother, despite not being their biological mother. The twins were conceived with donated eggs and sperm from her brother’s partner. The two men are legally married in California and registered as civil union partners in New Jersey. Read the rest of this entry »
Lawyers and Judges Must Defriend Eachother
December 29th, 2009 by Dana Altman
A Florida Judicial Ethics Advisory Committee has decided that judges and lawyers should not add eachother as friends on Facebook. The committee reasoned that such connections could create an impression of a lawyer’s ability to influence a friended judge’s decisions. Read the rest of this entry »
Man Arrested for Being Naked in His Home
December 21st, 2009 by Dana Altman
A 29-year-old Virginia man, Erick Williamson, was charged with indecent exposure for walking around naked inside his own home. Neighbors claimed that Williamson made a point of parading himself in front of a picture window and doorway, while making noises to draw attention to his naked body. Read the rest of this entry »
Supreme Court to Rule on Privacy of Text Messages
December 15th, 2009 by Dana Altman
The U.S. Supreme Court has agreed to decide whether employees have a constitutional right to privacy in their personal text messages sent on employer-owned pagers. The case involves text messages of a police officer in Ontario, California, Sgt. Jeff Quon, who sent and received hundreds of text messages on his city-owned pager, some of which were sexually explicit. Quon and three fellow officers claim their Fourth Amendment rights were violated by the city of Ontario. According to the officers, they were told they could send personal messages on the pagers, but they would have to reimburse the city for messages over a 25,000 word limit. The officers had signed an acknowledgment that they had no expectation of privacy when using computers or other devices issued by the city of Ontario. Read the rest of this entry »
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