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NY, NJ Immigration Raids Violated Rights
Law Firm News |
2009/07/22 16:03
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The Associated Press is reporting that immigration agents raiding homes for suspected illegal immigrants violated the US Constitution by entering without proper consent and may have used racial profiling, a report analyzing arrest records found.
In the report, released Wednesday by the Immigration Justice Clinic at Yeshiva University's Benjamin N. Cardozo School of Law, said that since ICE agents use administrative warrants - instead of judicial warrants, which give law enforcement unfettered access - they must have a resident's consent to enter a home or else violate the constitutional right to protection against unreasonable searches.
On Long Island, 86 percent of arrest records from 100 raids between January 2006 and April 2008 showed no record of consent being given,the report found. In northern and central New Jersey, no record of consent being given was found for 24 percent of about 600 arrests in 2006 and 2007, it found.
In a statement, ICE said its agents uphold the country's laws. "We do so professionally, humanely and with an acute awareness regarding the impact enforcement has on the individuals we encounter," it said. |
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Enemies Unite Against Software Regulation
Law Firm News |
2009/07/21 16:58
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According to The Recorder, Microsoft and Linex have put their differences aside to come together against new rules against software contracts announced by The American Law Institute.
One of the most controversial parts of those rules is one stating that companies must guarantee consumers that there are no hidden flaws in their product. Some lawyers are saying this could lead to liability issues because most software is inherently flawed.
"It creates an unrealistic standard and a lot of litigation," said Mark Radcliffe, a DLA piper lawyer who's worked to oppose the rules proposed in mid-May. "Any project that has Microsoftand Linux on the same side, you know there's something wrong."
The Principles of Law of Software Contracts, as they are called, are not law, but do serve to guide judges who often cite them in decisions. |
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Anti-separatist Laws Promoted In China
Law Firm News |
2009/07/20 18:17
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The Associated Press is reporting that in response to China's worst unrest in months the country is promoting anti-separatist laws.
The chairman of the Standing Committee of the Xinjiang Regional People's Congress has blamed the July 5 riots on extremism, terrorism and separatism. Police allege women dressed in head scarves and long, black Islamic robes were instigators.
Nearly 200 people died in the riots in the western area of Xinjiang that were started because of increasing friction between Han Chinese and Muslim Uighurs. Uighurs have complained of restrictions on their religion, language and culture. Han Chinese want the Uighurs to be happy with Xinjiang's quick economic development. |
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Environment Groups Sue To Protect MT Monument
Law Firm News |
2009/07/17 16:25
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According to Courthouse News, four environmental groups have sued the Bureau of Land Management in Federal Court.
Friends of the Missouri Breaks Monument, The Wilderness Society and two others say a federal management plan for the Upper Missouri River Breaks National Monument permits recreation that will "destroy and degrade" the "solitude and splendor" of the monument.
The 377,000-acre site that includes 149 miles of the Upper Missouri River was declared a national landmark by President Bill Clinton in 2001. It has gone largely unchanged since 1805, when Lewis and Clark explored the monument. Habitat such as elk, prairie dogs and fish call it home.
The complaint states that two major issues are the bureau's approval of six airstrips that were never subject to official review and 43 oil and gas leases on the monument are set to remain open. The plan also sets no limits to where recreational boating can occur.
The environmental groups, represented by James Angell with Earthjustice, ask the court to set aside the 2008resource management plan and close primitive roads in the monument. |
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