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Wis. court won't rehear union case without justice
U.S. Court News | 2012/07/06 15:41
The state Supreme Court won't reconsider a lawsuit challenging Gov. Scott Walker's collective bargaining law without Justice Michael Gableman.

Dane County District Attorney Ismael Ozanne had argued Republicans violated the state's open meetings law during debate on the measure. The Supreme Court ruled in June 2011 the law stands.

Ozanne in December asked the court to reconsider the case. He argued the Michael, Best & Friedrich law firm both defended the law and gave Justice Michael Gableman free legal help in the past, raising questions of impropriety.

The prosecutor demanded Gableman recuse himself from further proceedings. Gableman refused, saying he could be impartial.

The Supreme Court tied 3-3 Friday on Ozanne's request to rehear the case without Gableman. It would have taken four votes to proceed.


Report: Syracuse sex-abuse probe prompt but flawed
U.S. Court News | 2012/07/05 14:59
Syracuse University's prompt response to allegations of sexual abuse against an assistant basketball coach was done in good faith but was flawed because, among other things, there was no direct contact with law enforcement, a special committee of the university's board of trustees said in a report released Thursday.

Although the 52-page document states there was no attempt to "cover up" any conduct, it reiterates a criticism voiced by Onondaga County District Attorney William Fitzpatrick that police and the district attorney should have been notified immediately so they could conduct the investigation with all the experience and tools available to law enforcement.

The committee assessed the university's response to allegations that Bernie Fine had sexually abused former ball boy Bobby Davis. It said Davis' allegations "should have been viewed from the outset as involving serious alleged crimes."

Davis, now 41, claims Fine molested him for years beginning when he was around 12 years old. He took the claims to university officials in September 2005.

Fine, in his 36th year on the basketball staff, was fired in November 2011 after the allegations were made public.



Ohio court to hear appeal of teacher in Bible case
Court News | 2012/07/05 14:58
The Ohio Supreme Court on Thursday agreed to hear the appeal of a fired public school science teacher who kept a Bible on his desk and was accused of preaching religious beliefs in class.

The Mount Vernon School Board dismissed John Freshwater last year after investigators reported that he preached Christian beliefs in class when discussing topics such as evolution and homosexuality, and was insubordinate in failing to remove the Bible from his classroom.

The Supreme Court's 4-3 decision Thursday to hear Freshwater's appeal of his firing sets the stage for written and oral arguments before the court later this year.

The court said Freshwater can argue that it is unconstitutional to fire someone without clear guidance on what teaching materials or methods are acceptable. Freshwater also can argue that it is unconstitutional to fire someone over the mere presence of a religious text like the Bible in the classroom.



Assembly OKs adding bank settlement into Calif law
Court News | 2012/07/03 14:58
California would become the first state to write into law much of the national mortgage settlement negotiated this year with the nation's top five banks, and expand it to all lenders, under wide-ranging legislation state lawmakers approved Monday.

Majority Democrats sent the homeowner protection package to Gov. Jerry Brown despite opposition from business and lending organizations and most Republican legislators.

The Assembly approved the legislation on a 53-25 vote, and the Senate followed by voting 25-13.

The legislation would require large lenders to provide a single point of contact for homeowners who want to discuss loan modifications. It would prohibit lenders from foreclosing while the lenders consider homeowners' request for alternatives to foreclosure. And it would let California homeowners sue lenders to stop foreclosures or seek monetary damages if the lender violates state law.



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