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US court: Parents cannot sue to enforce 'No Child'
Law Firm News |
2008/12/01 18:50
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| A federal appeals court says parents cannot sue school districts to force them to comply with the No Child Left Behind Act.pThe ruling Thursday comes in a case filed against the low-performing Newark Public Schools in New Jersey./ppParents say the district failed to notify them of the right to transfer out of failing schools and of other provisions required under the law./ppThe 3rd U.S. Circuit Court of Appeals says enforcement of the act is up to state educational agencies./ppACLU attorney Scott Michelman says the decision is not in the best interests of parents or children. A school district lawyer did not return calls. /p |
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Jury convicts mom of lesser charges in online hoax
Law Firm News |
2008/11/26 18:47
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| A jury on Wednesday was unable to reach a verdict on the main conspiracy charge and instead convicted a Missouri woman of three minor offenses for her role in an Internet hoax that apparently drove a 13-year-old girl to suicide.pThe Los Angeles federal court jury rejected felony charges of accessing a computer without authorization to inflict emotional distress on young Megan Meier./ppHowever, the jury found defendant Lori Drew guilty of three counts of the lesser offense of accessing a computer without authorization. Each count is punishable by up to one year in prison and a $100,000 fine./ppThe jurors could not reach a verdict on a conspiracy count, and U.S. District Court Judge George Wu declared a mistrial on the charge. It was not known if she would be retried./ppShe could have been sentenced to a total of 20 years in prison if convicted of the four original counts./ppProsecutors said Drew violated the MySpace terms of service by conspiring with her young daughter and a business assistant to create a fictitious profile of a teen boy on the MySpace social networking site to harass Megan./ppMegan, who had been treated for depression, hanged herself with a belt in her bedroom closet in 2006 after receiving a message saying the world would be better without her. /p |
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Voters' word may not be last in Minn. Senate race
Law Firm News |
2008/11/06 14:07
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| One Senate candidate says the voters have spoken. The other says the electorate still needs to be heard.pIn the end, experts say, it could be the courts or even the Senate that speaks the loudest on Minnesota's unsettled Senate race./ppWhile the race is headed for an automatic recount, Republican Sen. Norm Coleman and Democratic challenger Al Franken have other options to alter the outcome./ppThe recount is due to start once results are made official Nov. 18, and it could take weeks. Coleman clung to a 342-vote lead, out of nearly 2.9 million votes cast, as election officials around the state double-checked their reports./ppAfter a recount, the candidates or any eligible voter can head to court to challenge how the election was conducted or the votes were tallied. The Minnesota law spelling out the contest raises the possibility of Senate involvement./ppI don't think there is any possibility it will be simply a recount, said Hamline University law professor Joseph Daly. It is destined for the courthouse and ultimately it is destined for the United States Senate based on this law. There's too much at stake. There's too much vitriol./ppMinnesota's race is one of three up in the air nationwide. Races in Georgia and Alaska are also unresolved. All three involve Republican incumbents in a year that has seen Democrats gain five seats already./ppFranken went on Minnesota Public Radio to explain why he won't waive the recount, as Coleman said he would do if he was in the same position./ppThis is the closest race in Minnesota history, the closest Senate race and the closest race anywhere in the country. This is just part of the process to make sure every vote is counted, Franken said, adding, Candidates don't get to decide when an election's over — voters do./ppColeman laid low Thursday./ppIn percentage terms, Minnesota's race will go down as the closest Senate election prior to a recount. In 1974, a New Hampshire race came down to 355 votes out of 200,000 cast./ppThe loser in that race, the Democratic candidate, overtook the Election Day victor by 10 votes in a recount. But more maneuvering and court challenges overturned that result, and the state's Republican governor awarded the election certificate to his party's nominee./ppThe case ultimately wound up before the Senate, where Democrats held a large majority. But a standoff dragged on until August, when the Senate voted to declare the seat open. A special election was held the next month, and record-breaking turnout helped Democrat John Durkin prevail./p |
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Alaska Sen. Stevens can still vote, despite felony
Law Firm News |
2008/10/30 19:43
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| GOP Sen. Ted Stevens' felony conviction won't block him from casting a vote for himself in Tuesday's election. pStevens was convicted Monday on seven counts of trying to hide more than $250,000 in free home renovations and other gifts that he received from a wealthy oil contractor. Alaska law says a person convicted of a crime that constitutes a felony involving moral turpitude under state or federal law may not vote in a state, federal, or municipal election from the date of the conviction through the date of the unconditional discharge of the person./ppBut state legal officials say that since Stevens has not been sentenced yet, he is eligible to vote in the general election, said Gail Fenumiai, director of the Alaska Division of Elections./ppStevens won't be sentenced until early next year. He faces a maximum 35 years in prison, but is likely to get far less, if any, prison time. If re-elected, he also could face an expulsion vote in the Senate, or senators could recommend a lesser sanction./ppThe 84-year-old senator, who has represented Alaska in the Senate since 1968, is in a tight race with Democratic challenger Mark Begich, the mayor of Anchorage./ppSeveral politicians, including GOP presidential candidate John McCain and his running mate Alaska Gov. Sarah Palin, have called on Stevens to resign. But the senator has said he plans to fight his conviction and for re-election. /p |
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