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Hot-button social issues highlight state ballots
Top Legal News | 2008/10/29 02:42

Social issues so volatile that the presidential campaigns sidestepped them will be on the ballots in several states next week, including measures that would criminalize most abortions, outlaw affirmative action and ban same-sex marriage in California, one of only three states that allows it.

In all, there are 153 proposals on ballots in 36 states.

In Washington, voters will decide whether to join Oregon as the only states offering terminally ill people the option of physician-assisted suicide. Massachusetts has three distinctive measures on its ballot — to ban dog racing, ease marijuana laws and scrap the state income tax, a step that could unleash budgetary tumult.

The main presidential rivals, Democrat Barack Obama and Republican John McCain, have rarely made proactive comments during the campaign about same-sex marriage or affirmative action — issues on which the public is deeply divided. Abortion also has seemed like an uncomfortable topic for them at times, although Obama makes clear he supports abortion rights and McCain says he would like to ban most abortions.

But in a half-dozen states, these three issues are front and center.



McCain, GOP gain ground on Obama ads in key states
Politics & Law | 2008/10/28 02:45
After weeks of being out-advertised by Barack Obama, Republican presidential candidate John McCain and the Republican Party are nearly matching the Democratic nominee ad for ad in key battleground markets.

Ad spending and ad placement data obtained from Democratic and Republican operatives show that in the closing days of the campaign the Republican voice has grown louder in states such as Florida, Ohio, North Carolina, Virginia and Pennsylvania.

For instance, Obama had been scheduled to buy about $2.5 million in Florida ads for the last week of the campaign. McCain is now set to spend about $1.6 million and the Republican National Committee added $1.5 million to their buy in the state this week. Obama appears to have added more weight to his ads since.

The ad war is especially noticeable in Florida's central corridor, which includes Tampa, Orlando and West Palm Beach.

Those near-parity levels in crucial states come with a price. McCain has had to trim back his ads in Minnesota, Maine, New Hampshire and Wisconsin, giving Obama even greater edges there.

A map of the states where McCain and the RNC are spending their money also illustrates the defensive nature of their 11th hour strategy. Except for Pennsylvania, the McCain-GOP focus was on trying to hold states that President Bush won in 2004.



Authors, publishers settle suit against Google
Politics & Law | 2008/10/28 02:44
Eager to cool the debate over copyrighted text online and anxious to make some money, Google and the publishing industry announced Tuesday that they have settled their three-year legal battle over the Internet giant's book search program.

Under an agreement reached by Google, the Authors Guild and the Association of American Publishers, librarians and the public will have an easier time tracking down millions of out-of-print books. At the same time, Google and the book business will have greater opportunities for online sales.

"We're trying to create a new structure where there will be more access to out-of-print books, with benefits both to readers and researchers and to the rights holders of those books — authors and publishers," Richard Sarnoff, chairman of the publishers association, said Tuesday in an interview.

"This is an extraordinary accomplishment," Paul N. Courant, university librarian for the University of Michigan, said in a statement. "It will now be possible, even easy, for anyone to access these great collections from anywhere in the United States."



Chicago torture victims face uphill legal battle
Legal Watch | 2008/10/28 02:42
Melvin Jones says he screamed and begged for mercy as Chicago police touched metal clips to his feet and thighs, churned a hand-cranked device and sent shock waves of electricity through his body more than 25 years ago.

He says he was told the torture would stop when he confessed to murder.

Jones is among the dozens of alleged torture victims who have little hope of winning compensation, despite the arrest this week of a former police commander who officials say lied about the abuse.

Some have already completed prison terms for crimes they claim they confessed to only after police beat or electrocuted them. More than 20 remain in prison.

But the indictment of former police Lt. Jon Burge — while a moral victory — is unlikely to spring anyone from prison soon or prompt any quick settlement of claims for damages, lawyers for alleged torture victims say.

The state attorney general's office hasn't agreed to new trials for those claiming coerced confessions and the city opposes paying damages to alleged victims, they say.



Senate Democrats subpoena Mukasey over detainees
Opinions | 2008/10/22 02:44
Senate Democrats on Tuesday subpoenaed Attorney General Michael Mukasey for testimony and documents about the Justice Department's legal advice to the White House on detention and interrogation policies since the 9/11 terrorist attacks.

Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., complained to Mukasey that after five years of efforts to glean the information, the committee still has seen only a fraction of the documents it is seeking.

"There is no legitimate argument for withholding the requested materials from this committee," Leahy wrote in a letter to Mukasey that accompanied the subpoena.

The Justice Department blasted the subpoena as a partisan move.

"We have worked in good faith over the past several months to see that the Judiciary Committee's legitimate oversight requests were being met in a manner consistent with the Justice Department's equally legitimate and long-standing need to provide confidential legal advice within the executive branch," department spokesman Brian Roehrkasse said. "We will now assess our next steps."



Iraqi Cabinet authorizes reopening of US talks
Politics & Law | 2008/10/21 02:45
The Iraqi Cabinet on Tuesday authorized Prime Minister Nouri al-Maliki to reopen talks with the United States on a security pact that would allow U.S. troops to stay in Iraq for three more years after their U.N. mandate expires on Dec. 31.

With a week to go before the American presidential elections, the Iraqi decision could delay the key agreement that provides the legal basis for the U.S. to operate in Iraq past the end of the year.

Iraqi government spokesman Ali al-Dabbagh said members of the Cabinet proposed unspecified "essential" amendments and gave them to al-Maliki to offer to American negotiators.

Parliament must approve the agreement and al-Maliki is reluctant to submit the draft unless he is confident it will pass by an overwhelming majority.

White House press secretary Dana Perino said the Bush administration hasn't seen the Iraqis amendments yet, so "it's not possible to say at this point" whether U.S. officials would be willing to re-open talks. But officials have said previously that the agreement represented Washington's last offer, and that its success now rests with the complex Iraqi political system — a signal that the White House would likely be unwilling to engage in additional negotiations.



Ohio top court mulls Planned Parenthood files
Legal Watch | 2008/10/08 14:19
Ohio Supreme Court justices appeared skeptical Tuesday that an abortion clinic's medical records on other patients are relevant to a lawsuit brought by parents of a 14-year-old girl who had an abortion without their consent.

Lawyers for the girl's family argued that the information they seek is necessary to prove that Planned Parenthood of Cincinnati had a pattern of violating Ohio's parental consent law and failing to report abuse. The unusual case pits a single plaintiff against the privacy interests of a decade's worth of patients.

Planned Parenthood attorney Daniel Buckley says the clinic has a legal obligation to protect the privacy of its clients' records.

Charles Miller, an attorney for the parents, told the justices the plaintiffs seek only three facts about other minors treated at the clinic: the girl's age, whether she had a sexually transmitted disease, and whether she entered the clinic pregnant. He said about 200 cases a year would be involved.

Chief Justice Thomas Moyer questioned how any of those three details would advance the family's case for damages.

"Where's the linkage?" he asked.

The court did not indicate when it would rule.

The case involves a girl who was 14 at the time of her abortion in 2004, when the state's parental consent law had not been completely settled by the courts. She had been impregnated by her 21-year-old youth soccer coach, John Haller.

The family's lawsuit accuses the Planned Parenthood clinic of failing to get parental consent, report suspected abuse or to inform the girl of risks and alternatives. It seeks unspecified damages.

Court records say the girl gave Haller's cell phone number as her father's, and clinic officials thought they had reached the father when they called inquiring about parental consent. Haller was later convicted on seven counts of sexual battery.

An appeals court ruled last year that records on other patients weren't necessary for the family's lawsuit.



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