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California high court rules for immigrant kids in visa fight
Legal News Feed | 2018/08/15 18:11
The California Supreme Court on Thursday made it easier for some immigrant children who are abused or abandoned by a parent to seek a U.S. visa to avoid deportation in a ruling that advocates said would help thousands of children.

State judges cannot require that children drag an absentee parent living abroad into court in their visa application process, the justices said in a unanimous decision. Immigration rights advocates had warned that such a requirement would make it nearly impossible for the children to fight deportation. That's because courts in California cannot establish authority over a foreign citizen and the parent may want nothing to do with a child claiming abuse, and would refuse to participate in a court proceeding in the U.S., immigration groups said.

The ruling overturned a lower court decision. The California Supreme Court said it was sufficient to adequately notify the absent parent of the court proceedings, but that parent did not have to be a party to the case.

California Attorney General Xavier Becerra said in court documents that the case had implications for a "substantial portion" of the thousands of children who have fled to the U.S. from Central America and Mexico and settled in California. Kristen Jackson, an attorney for the plaintiff in the case, estimated the ruling would affect thousands of children.


Trump finds it 'inconceivable' lawyer would tape a client
Legal News Feed | 2018/07/18 23:46
Donald Trump said Saturday he finds it "inconceivable" that a lawyer would tape a client, as the president weighed in after the disclosure that in the weeks before the 2016 election, his then-personal attorney secretly recorded their discussion about a potential payment for a former Playboy model's account of having an affair with Trump.

The recording was part of a large collection of documents and electronic records seized by earlier this year by federal authorities from Michael Cohen, the longtime Trump fixer.

In a tweet, Trump called such taping "totally unheard of & perhaps illegal." He also asserted, without elaborating, in post: "The good news is that your favorite President did nothing wrong!"

Cohen had made a practice of recording conversations, unbeknownst to those he was speaking with. Most states, including New York, allow for recordings of conversations with only the consent of one party; other states require all parties to agree to a recording or have mixed laws on the matter. It was not immediately clear where Trump and Cohen were located at the time of the call.

Cohen's recording adds to questions about whether Trump tried to quash damaging stories before the election. Trump's campaign had said it knew nothing about any payment to ex-centerfold Karen McDougal.


Conservatives close in on dream: Tipping court right
Legal News Feed | 2018/07/12 15:31
President Donald Trump’s selection of Judge Brett Kavanaugh as a new Supreme Court nominee last Monday culminates a three-decade project unparalleled in American history to install a reliable conservative majority on the nation’s highest tribunal, one that could shape the direction of the law for years to come.

“They’ve been pushing back for 30 years, and, obviously, the announcement is a big step in the right direction,” said Curt Levey, president of the Committee for Justice, a conservative activist group that’s been working toward this goal full time since 2005. “It’ll be the first time we can really say we have a conservative court, really the first time since the 1930s.”

This presumes that Trump can push Kavanaugh through a closely divided Senate heading into a midterm election season, hardly a given. More so than any nomination in a dozen years, Trump’s choice of a successor for Justice Anthony M. Kennedy, the influential swing vote retiring at the end of the month, holds the potential of changing the balance of power rather than simply replacing a like-minded justice with a younger version.

But if the president succeeds in confirming his selection, the new justice is expected to join Chief Justice John G. Roberts Jr. and Justices Clarence Thomas, Samuel A. Alito Jr. and Neil M. Gorsuch in forming a much more consistently conservative majority than before.

That has not happened by accident. A network of activists and organizations has worked assiduously since the 1980s to reach this point, determined to avoid the disappointment they felt after Republican appointees like Earl Warren, William J. Brennan Jr., David H. Souter, Sandra Day O’Connor and Kennedy proved more moderate or liberal once they joined the court.


Lawyers: 2014 arrest at Vegas hotel precursor to killings
Legal News Feed | 2018/07/04 16:37
Attorneys in a negligence lawsuit stemming from the Las Vegas Strip shooting say the massacre could have been avoided if hotel management tightened security after a man was found with multiple weapons at the Mandalay Bay resort in 2014.

Lawyer Robert Eglet said Friday the arrest of Kye Aaron Dunbar in a 24th-floor Mandalay Bay room with guns including an assault-style rifle, a tripod and a telescopic sight bears similarities to the Oct. 1 shooting.

Last year, gunman Stephen Paddock killed 58 people shooting modified assault-style weapons from a 32nd-floor room at the Mandalay Bay into a concert crowd below.

Dunbar is 32 and serving federal prison time after pleading guilty to unlawful possession of a firearm by a felon.

Hotel officials aren't commenting about a court filing Thursday that brought the Dunbar case to light.


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