Chicago's tough new gun ordinance goes into effect

Headline Legal News 2010/07/12 10:05   Bookmark and Share

A new gun ordinance in Chicago that officials say is the strictest of its kind in the country went into effect on Monday.

The ordinance was pushed through quickly by Mayor Richard Daley and the City Council after the U.S. Supreme Court last month made the city's 28-year-old handgun ban unenforceable. The high court ruled that Americans have the right to have guns in their homes for protection.

The ordinance permits residents to have only one working gun at a time in their homes and prohibits them from stepping outside, even onto their porches or in their garages, with a handgun.

Following the lead of Washington, D.C., which enacted a strict ordinance after the Supreme Court struck down its gun ban two years ago, Chicago also requires prospective gun owners to take a class and receive firearms training.

Chicago's ordinance also bans gun shops from setting up shop in the city and bars anyone convicted of a violent crime, domestic violence or two or more convictions for driving under the influence of alcohol or drugs from owning a handgun.

Also starting Monday is a 90-day grace period in which residents who owned handguns illegally during the ban can register them without penalty.

Chicago's ordinance was widely criticized by gun rights advocates, who have said the city is simply trying to make it as difficult as it can for people to own guns and putting up unconstitutional roadblocks in their way. They promised lawsuits and last week, even before the ordinance went into effect, at least two lawsuits were filed challenging the constitutionality of the ordinance.

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Treasury: 4.5M hires qualify for new tax break

Headline Legal News 2010/07/12 10:05   Bookmark and Share

Businesses have added 4.5 million workers under a new program that provides tax breaks for hiring unemployed workers, the Treasury Department said Monday.

It is unclear, however, how many of those workers would have been added without the tax break.

President Barack Obama signed a law in March that exempts businesses hiring people who have been unemployed for at least 60 days from paying the 6.2 percent Social Security payroll tax through December. Employers get an additional $1,000 credit if new workers stay on the job a full year.

Treasury released a report Monday estimating that from February to May, businesses added 4.5 million workers who qualify for the tax breaks. Those businesses are projected to save $8.5 billion in taxes.

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Kagan's writings suggest her view on judge's role

Headline Legal News 2010/05/24 09:04   Bookmark and Share
Elena Kagan, a Supreme Court nominee without judicial experience, has suggested in writings and speeches over a quarter-century that when judges make decisions, they must take account of their values and experience and consider politics and policy, rather than act as robotic umpires.

Not since 1972 has a president picked someone for the high court who hasn't been a judge. So what the 50-year-old Kagan has said about judging might be the best indicator of the kind of justice she would be.

Republicans have said that because Kagan hasn't left a trail of judicial opinions, they will pore over her records as a Clinton White House aide and academic for any clues. Her speeches and papers from her time as dean of the Harvard Law School and, before that as a law professor and graduate student, are certain to get close attention at her confirmation hearing in late June.

Her words stand in contrast to the more technical view of judging voiced by Chief Justice John Roberts at his confirmation hearing five years ago. Roberts said he considered himself an umpire merely calling balls and strikes.

Kagan apparently has never directly addressed Roberts' comments. Republicans have held his description of the job as a model of judicial restraint and used it to criticize President Barack Obama for what they call his support of judicial activism — judges imposing their own views on the law.

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Jury convicts man in NJ schoolyard triple slayings

Headline Legal News 2010/05/24 05:03   Bookmark and Share

The first defendant to be tried for a triple murder in a schoolyard that shocked New Jersey's largest city into action has been convicted on all counts.

A jury returned the verdict Monday in state Superior Court in Newark against Rodolfo Godinez (goh-DEE'-nez). He was among six men and boys charged with the August 2007 slayings. The jury deliberated for nearly four hours and found him guilty on all 17 counts.

The victims' family members, including several parents, wept quietly as the verdict was read.

The three victims each suffered a gunshot wound to the back of the head. A fourth victim survived and testified against Godinez.

Godinez's attorney had argued his client was at the scene but didn't take part in the attacks. Godinez could face life in prison at sentencing.

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Kagan Sided With Investors in Two Notable Securities Cases

Headline Legal News 2010/05/10 09:25   Bookmark and Share

The federal government has opposed business interests in two closely watched securities cases during Elena Kagan's time as solicitor general, although her brief tenure has overlapped with just a handful of notable business cases.

Ms. Kagan has a light record on business issues outside of her 14 months of service as solicitor general, a role in which she represented the government at the high court. She hasn't served as a judge and her professional career has largely been devoted to government service and academia.

With Ms. Kagan as solicitor general, the Obama administration has taken a friendlier approach to investor lawsuits. Ms. Kagan's office filed a legal brief supporting investors in a case that examined when shareholders could sue mutual-fund managers for allegedly charging excessive fees. Ms. Kagan argued that a lower-court ruling in the case did not provide enough of a check on potentially excessive fees.

In another case, Ms. Kagan's office argued that shareholders of Merck & Co. Inc. didn't wait too long to file lawsuits alleging the drug maker misrepresented the safety of painkiller drug Vioxx.

The Supreme Court, which decided both cases this spring, unanimously agreed with Ms. Kagan's position each time.

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US women due in court in Philly in terrorism case

Headline Legal News 2010/05/03 08:19   Bookmark and Share

Two American women charged in a global terrorism plot allegedly aimed at killing a Swedish artist are due in court in Philadelphia.

Court papers show the case is largely built on e-mails and online postings allegedly made by 46-year-old Colleen LaRose of Pennsburg and 31-year-old Jamie Paulin-Ramirez of Leadville, Colo.

The Colorado woman's defense lawyer, Jeremy Ibrahim, says he will ask Monday for copies of computer evidence. A judge may have to screen it first because prosecutors say some of it may be classified.

LaRose is also expected to enter a plea to a superseding indictment. Both women have previously pleaded not guilty. They were arrested this year after returning from Europe.

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