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Writers object after UK court bans abuse memoir
Court Watch | 2014/10/20 13:06

Prominent writers say free speech is under threat after a British court halted publication of a celebrity's memoir of child abuse because his ex-wife argued that it would harm their son.

Three appeals court judges last week temporarily stopped publication of the book, which has already been printed and was due to be published this fall.

They described the author as a "talented young performing artist" whose ex-wife lives abroad with their son.

She argued the book would cause "psychological harm" to the boy, who has Asperger's syndrome and other disabilities.

The judges granted an injunction stopping publication of key sections of the book pending a full trial.

On Friday writers including Tom Stoppard, David Hare and Stephen Fry called the ruling "a significant threat to freedom of expression."


32 states ask Supreme Court to settle gay marriage
Court Watch | 2014/09/05 16:35
Thirty-two states that either allow gay marriage or have banned it asked the U.S. Supreme Court on Thursday to settle the issue once and for all.

Fifteen states that allow gay marriage, led by Massachusetts, filed a brief asking the justices to take up three cases from Virginia, Utah and Oklahoma and overturn bans. And 17 other states, led by Colorado, that have banned the practice asked the court to hear cases from Utah and Oklahoma to clear up a "morass" of lawsuits, but didn't urge the court to rule one way or another.

The filing came as a three-judge panel of the 7th U.S. Circuit Court of Appeals in Chicago ruled that same-sex marriage bans in Wisconsin and Indiana are unconstitutional. The unanimous decision Thursday criticized the justifications both states gave, several times singling out the argument that marriage between a man and a woman is tradition. There are, the court noted, good and bad traditions.

The experience of Massachusetts — the first state to legalize gay marriage — shows that allowing same-sex couples to wed has only benefited families and strengthened the institution of marriage, said Attorney General Martha Coakley.


Washington high court to hear charter school case
Court Watch | 2014/08/19 15:09

The Washington Supreme Court has agreed to consider whether the state's voter-approved charter school law violates the state constitution.

Oral arguments concerning the lawsuit brought by charter school opponents have been scheduled for the afternoon of Oct. 28.

A King County Superior Court judge found in December that parts of the new law are unconstitutional. Judge Jean Rietschel's decision focused on whether certain taxpayer dollars can be used to pay for the operation of charter schools.

Both sides asked the Supreme Court to skip the appeals court process and directly review the case.

Attorney Paul Lawrence says the briefs to the court and the oral arguments will focus on that part of the lawsuit.

The state's charter school system was approved by voters in 2012.


Court: Caregivers can't sue Alzheimer's patients
Court Watch | 2014/08/06 11:14
People with Alzheimer's disease are not liable for injuries they may cause their paid in-home caregivers, California's highest court ruled Monday in a case involving a home health aide who was hurt while trying to restrain a client.

The California Supreme Court ruled 5-2 that people hired to work with Alzheimer's patients should know the disease commonly causes physical aggression and agitation in its later stages. The court majority concluded it would therefore be inappropriate to allow caregivers who get hurt managing a combative client to sue their employers.

"It is a settled principle that those hired to manage a hazardous condition may not sue their clients for injuries caused by the very risks they were retained to confront," Justice Carole Corrigan wrote for the majority.

The law in California and many other states already establishes that caregivers in institutional settings such as hospitals and nursing homes may not seek damages from Alzheimer's patients who injure them. To have a different standard for caregivers working in private homes would give families a financial incentive to put relatives with Alzheimer's into nursing homes, Corrigan said.


EU court nixes government bulk data collection
Court Watch | 2014/04/08 12:30
The European Union's top court says key legislation allowing governments to collect data on citizens' communications for law-enforcement purposes is invalid.

The European Court of Justice in Luxembourg on Tuesday ruled the so-called data retention directive is too far-reaching and offers too few safeguards to protect people's right to privacy, creating an impression that "private lives are the subject of constant surveillance."

The legislation allows the storage of phone calls or online communication records for at least six months to help prevent serious crimes such as terrorism. The data typically reveal who was involved in the communication, when and how often, but not its content.

The court says the 2006 legislation represents a "particularly serious interference with fundamental rights."


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