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Myanmar court grants bail for editor in defamation case
U.S. Court News | 2017/08/05 11:02
A court in Myanmar granted bail Friday to a newspaper editor who is being tried under a controversial defamation statute in a telecommunications law.

Kyaw Min Swe, chief editor of The Voice Daily, was arrested in June for publishing online a satirical article that allegedly mocked the efforts of the military to reach a peace agreement with ethnic minority groups.

His previous requests for bail had been rejected, but during his ninth appearance in court, the judge granted his release on bail of 10 million kyats ($7,000).

He was charged under Article 66(D) of the Telecommunications Law, which broadly defines defamation and carries a penalty of up to three years' imprisonment.

Rights groups decry the article as a restriction on freedom of expression, but the country's parliament this week turned down a bid to drop the article and decriminalize the offense.

One of the newspaper's columnists, Kyaw Zwa Naing, was also arrested on June 2 under Article 66(D), but the charge against him was dropped last month.


Court: FAA must reconsider regulating airline seat size
U.S. Court News | 2017/07/30 11:03
An appeals court panel said Friday that federal officials must reconsider their decision not to regulate the size of airline seats as a safety issue.

One of the judges called it “the Case of the Incredible Shrinking Airline Seat.”

The Flyers Rights passenger group challenged the Federal Aviation Administration in court after the agency rejected its request to write rules governing seat size and the distance between rows of seats.

On Friday, a three-judge panel for the federal appeals court in Washington said the FAA had relied on outdated or irrelevant tests and studies before deciding that seat spacing was a matter of comfort, not safety.

The judges sent the issue back to the FAA. They said the agency must come up with a better-reasoned response to the group’s safety concerns.

“We applaud the court’s decision, and the path to larger seats has suddenly become a bit wider,” said Kendall Creighton, a spokeswoman for Flyers Rights.

The passenger group says small seats that are bunched too close together slow down emergency evacuations and raise the danger of travelers developing vein clots.

FAA spokesman Ian Gregor said the agency was considering the ruling and its next steps. He said the FAA considers the spacing between seat rows when testing to make sure that airliners can be evacuated safely.

The airline industry has long opposed the regulation of seat size. Its main U.S. trade group, Airlines for America, declined to comment on the ruling.



Australian court debates release of Queen's secret letters
U.S. Court News | 2017/07/28 11:04
A legal battle over secret letters revealing what Queen Elizabeth II knew of her Australian representative's stunning plan to dismiss Australia's government in 1975 opened in federal court Monday, in a case that could finally solve a mystery behind the country's most dramatic political crisis.

Historian Jenny Hocking is asking the Federal Court to force the National Archives of Australia to release the letters between the British monarch, who is also Australia's constitutional head of state, and her former Australian representative, Governor-General Sir John Kerr. The Archives have classified the letters as "personal," meaning they might never be made public.

The letters would reveal what, if anything, the queen knew about Kerr's plan to dismiss Prime Minister Gough Whitlam's government in 1975 to resolve a deadlock in Parliament. It is the only time in Australian history that a democratically elected federal government was dismissed on the British monarch's authority. The dismissal stunned Australians and bolstered calls for the country to sever its colonial ties to Britain and become a republic.

Whitlam's own son, lawyer Antony Whitlam, is arguing the case on behalf of Hocking, and took on the case free of charge.

Hocking, a Whitlam biographer, argues that Australians have a right to know the details of their history, and that the letters written in the months leading up to the unprecedented dismissal are key to unraveling the truth.


Idaho Supreme Court upholds grocery tax veto
U.S. Court News | 2017/07/19 23:32
The Idaho Supreme Court on Tuesday upheld Gov. C.L. "Butch" Otter's contentious veto of legislation repealing the state's 6 percent sales tax on groceries.

The high court's decision comes after 30 state lawmakers filed a lawsuit claiming Otter took too long to veto the grocery tax repeal because he waited longer than 10 days as outlined in the Idaho Constitution.

Otter, along with other top elected officials, countered he was just following a 1978 high court ruling that said the veto deadline only kicks after it lands on his desk. The lawsuit originally singled out Secretary of State Lawerence Denney because he verified the governor's veto. Otter was later named in the challenge at the Republican governor's request because he argued that it was his veto that sparked the lawsuit.

However, the justices disagreed with Otter. Nestled inside their 21-page ruling, the court overruled the previous 1978 decision — a rare move inside the courts due to a preference to follow prior judicial precedent— because they argued the Constitution clearly states the deadline starts when the Legislature adjourns for the year. That part of the Tuesday's decision will only apply to future legislative sessions and not the grocery tax repeal case nor any other prior vetoes.

"The 1978 decision did not interpret the Constitution; it purported to rewrite an unambiguous phrase in order to obtain a desired result," the justices wrote.

Otter's spokesman did not respond to request for comment, though Otter is currently hospitalized recovering from back surgery and an infection. Denney's office also did not return request for comment.

For many Idahoans, Tuesday's ruling won't result in changes at the grocery checkout line. They will continue paying the tax and the state won't be at risk of losing the tax revenue, which helps pay for public schools and transportation projects. Instead, it's the Idaho Legislature that will face dramatic changes when handling bills at the end of each session.


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