Headline Legal News 2012/05/27 15:09
Kansas Gov. Sam Brownback has signed a law aimed at keeping the state's courts or government agencies from basing decisions on Islamic or other foreign legal codes, and a national Muslim group's spokesman said Friday that a court challenge is likely.
The new law, taking effect July 1, doesn't specifically mention Shariah law, which broadly refers to codes within the Islamic legal system. Instead, it says courts, administrative agencies or state tribunals can't base rulings on any foreign law or legal system that would not grant the parties the same rights guaranteed by state and U.S. constitutions.
"This bill should provide protection for Kansas citizens from the application of foreign laws," said Stephen Gele, spokesman for the American Public Policy Alliance, a Michigan group promoting model legislation similar to the new Kansas law. "The bill does not read, in any way, to be discriminatory against any religion."
But supporters have worried specifically about Shariah law being applied in Kansas court cases, and the alliance says on its website that it wants to protect Americans' freedoms from "infiltration" by foreign laws and legal doctrines, "especially Islamic Shariah Law."
Court Watch 2012/05/26 15:10
Police want to review audio recordings of conversations between a Manson family member and his attorney as detectives search for information about unsolved killings.
Los Angeles detectives seeking the material are merely practicing due diligence after receiving a tip that the recordings and other items in the estate of now-deceased lawyer Bill Boyd, who once represented Charles "Tex" Watson, were becoming available, LAPD spokesman Andrew Smith said.
"This whole thing has gotten totally blown out of proportion," Smith said, commenting on a report that first appeared on KNBC-TV.
Homicide detective Dan Jenks and Lt. Yana Horvatich, who made the request, have no specific information on what might be in the recordings, but they want to examine them, Smith said.
Court News 2012/05/25 15:10
A defense lawyer in Eastern Washington was reading a detective's statement in his client's drug case when he came across a curious line. In asking to search the man's house and cars, the detective revealed that he had already seen the defendant's bank records.
That's odd, thought the lawyer, Robert Thompson of Pasco. There's no search warrant for the bank records. How'd he get them?
The answer — with a subpoena secretly issued by a judge — provides a window into the little-known use of "special inquiry judge proceedings" in Benton County and across the state. Prosecutors who use them say the proceedings are authorized by state law, make for more efficient investigations and have plenty of judicial oversight, but Thompson and other defense attorneys say they raise questions about privacy, accountability and the open administration of justice.
Court Watch 2012/05/25 15:10
A judge on Friday granted Jeff Goldblum a temporary restraining order against a woman who has been repeatedly ordered to stay away from the actor in recent years.
Goldblum's attorneys obtained the order against Linda Ransom, 49, after she repeatedly went to the actor's home three times this month. A previous stay-away order against Ransom from 2007 has expired and police claim she has told them that she will not stop trying to meet Goldblum unless a restraining order is in place.
The filings state Ransom has been arrested three times for violating previous restraining orders. Goldblum first alerted authorities to her in 2001 after she attended one of his acting classes and then started waiting outside his home.
"Over the past decade, I have experienced substantial emotional distress due to Ms. Ransom's continuous stalking, harassing, and threatening behavior," Goldblum wrote in a sworn court declaration.
Legal Business 2012/05/24 15:10
The Supreme Court ruled unanimously Thursday that three families cannot sue a mortgage company for allegedly charging them a loan discount fee without giving them a lower interest rate.
The high court's decision tosses out lawsuits filed in 2008 against Quicken Loans, Inc., in Louisiana by three families who claimed they paid the fees without receiving anything in return. The Freeman family paid $980 and the Bennett family $1,100 in loan discount fees but allegedly did not get lower interest rates in return. The Smith family allegations focus partly on a loan origination fee of $5,100, which they claim was a mislabeled loan discount fee.
A federal judge threw the lawsuit out, saying the Real Estate Settlement Procedures Act made the lawsuit improper. That decision, which was upheld by the 5th U.S. Circuit Court of Appeals in New Orleans, was appealed to the Supreme Court.
The law says no "person shall give and no person shall accept any portion, split, or percentage of any charge made or received for the rendering of a real estate settlement service in connection with a transaction involving a federally related mortgage loan other than for services actually performed."
The argument is over whether that law "prohibits the collection of an unearned charge by a single settlement provider, or whether it covers only transactions in which a provider shares part of a settlement-service charge with one or more other persons who did nothing to earn it," said Justice Antonia Scalia, who wrote the opinion.
Opinions 2012/05/22 15:10
Regulators are examining whether Morgan Stanley, the investment bank that shepherded Facebook through its highly publicized stock offering last week, selectively informed clients of an analyst's negative report about the company before the stock started trading.
Rick Ketchum, the head of the Financial Industry Regulatory Authority, the self-policing body for the securities industry, said Tuesday that the question is "a matter of regulatory concern" for his organization and the Securities and Exchange Commission.
The top securities regulator for Massachusetts, William Galvin, said he had subpoenaed Morgan Stanley. Galvin said his office is investigating whether Morgan Stanley divulged to only some clients that one of its analysts had cut his revenue estimates for Facebook before the stock hit the market on Friday.
The bank said late Tuesday that it "followed the same procedures for the Facebook offering that it follows for all IPOs," referring to initial public offerings of stock. It said that its procedures complied with regulations.
The questions about the role played by Morgan Stanley, the lead underwriter for the deal, add to the confusion surrounding Facebook's IPO. In the most hotly anticipated stock debut in years, the offering raised $16 billion for the social networking company, valuing it at $104 billion.