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Court: Florida Docs Allowed to Ask Patients About Guns
Lawyer World News |
2017/02/22 13:42
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A federal appeals court has cleared the way for Florida doctors to talk with patients about whether they own guns.
The 11th U.S. Circuit Court of Appeals ruled Thursday that key provisions of a 2011 law that restricted such speech violate the First Amendment.
Three-judge panels of the same court had issued conflicting rulings in a long-running challenge to the law brought by 11,000 medical providers and others. The case has become known as Docs vs. Glocks.
Backed by Gov. Rick Scott, the law prohibited doctors from asking patients about gun ownership unless it was medically necessary. Doctors say asking about guns is a safety issue and could save lives.
While ruling that much of the law violates free-speech rights, the court said some parts could remain in place.
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Court: Missouri not required to name execution drug's source
Law Firm Legal News |
2017/02/21 13:42
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A Missouri appellate court has ruled that the state's prison officials aren't obligated to publicly reveal the source of the drug used to execute prisoners.
The appellate court's Western District decided Tuesday to overturn a 2016 trial court ruling that found the state wrongly withheld documents that would identify pharmaceutical suppliers, The Kansas City Star reported.
The appeals court agreed with the state that a law that protects the identity of the state's execution team applies to those who supply the execution drug pentobarbital.
Major drug companies for the past several years have refused to allow their drugs to be used in executions. Missouri and many other active death penalty states refuse to disclose the source of their drugs, though the sources are widely believed to be compounding pharmacies ? organizations that make drugs tailored to the needs of a specific client. Those pharmacies do not face the same approval process or testing standards of larger pharmaceutical companies.
The appeals court ruling said that disclosing the identities of "individuals essential to the execution process" could hinder Missouri's ability to execute the condemned.
Several states also are facing legal challenges to lethal injection practices. Just last month, a federal judge found Ohio's latest lethal injection procedure unconstitutional while Texas sued the Food and Drug Administration over execution drugs that were confiscated in 2015. In Oklahoma last year, a grand jury criticized state officials charged with carrying out executions, describing a litany of failures and avoidable errors.
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Trial court election changes considered by North Carolina House
Legal News Interview |
2017/02/20 13:42
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Some Republicans are set on returning all North Carolina state judicial elections to being officially partisan races again.
A law quickly approved in December during a special election directed statewide races for Supreme Court and Court of Appeals to become partisan starting in 2018. Now the state House scheduled floor debate Wednesday on legislation extending that to local Superior Court and District Court seats next year, too.
Having partisan races means candidates run in party primaries to reach the general election. Unaffiliated candidates could still run but would have to collect signatures to qualify.
Judicial races shifted to nonpartisan elections starting in the mid-1990s in part as an effort to distance judicial candidates from politics. But Republicans today say party labels help give voters some information about the candidates.
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UK court says income threshold for foreign spouses is lawful
Lawyer World News |
2017/02/18 13:43
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Britain's Supreme Court says the government is entitled to set a minimum-income threshold for people wanting to bring foreign spouses to the country, a measure introduced to ensure immigrants won't draw on public welfare funds.
But the court says the way the rules have been implemented is unlawful.
Since 2012, Britons who want to bring spouses from outside the European Union to the U.K. must earn at least 18,600 pounds ($23,000) a year.
Several people who were rejected under the rules took the government to court, arguing the law breached their right to a family life.
The judges ruled Wednesday that the income requirement was lawful but had been implemented in a "defective" way.
They said authorities must consider the welfare of children and whether applicants have other funding sources.
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German court excludes Jewish brothers from Auschwitz trial
Court and Trial |
2017/02/15 09:44
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A German court has excluded two elderly Jewish American men from joining the trial of a 96-year-old former Auschwitz SS medic, because their mother was not killed in the death camp's gas chambers during the time covered in the indictment.
Hubert Zafke is charged with 3,681 counts of accessory to murder for a one-month period in 1944.
The Neubrandenburg state court said Tuesday it was excluding Walter and William Plywaski, of Boulder, Colorado, from joining the trial as co-plaintiffs, as allowed under German law for victims' relatives.
Their attorneys argue that Zafke was present for a longer period than covered by the indictment, and say they'll appeal.
The trial has been repeatedly delayed over the defendant's health and complaints from the co-plaintiffs the judges are biased. |
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