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Supreme Court torn over Texas affirmative action program
Court Watch |
2015/12/13 14:59
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Torn as ever over race, the Supreme Court on Wednesday weighed whether it's time to end the use of race in college admissions nationwide or at least at the University of Texas.
With liberal and conservative justices starkly divided, the justice who almost certainly will dictate the outcome suggested that the court may need still more information to make a decision in a Texas case already on its second trip through the Supreme Court.
"We're just arguing the same case," Justice Anthony Kennedy said, recalling arguments first held in 2012 in the case of Abigail Fisher. "It's as if nothing has happened."
Kennedy said additional hearings may be needed to produce information that "we should know but we don't know" about how minority students are admitted and what classes they take to determine whether the use of race is necessary to increase diversity at the University of Texas.
Fisher has been out of college since 2012, but the justices' renewed interest in her case appeared to be a sign that the court's conservative majority is poised to cut back, or even end, affirmative action in higher education.
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EU court dismisses Barcelona football trademark case
Legal Network |
2015/12/11 14:58
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A European Union court has rejected an attempt by Spanish soccer giant Barcelona to have part of its club crest registered as a European trademark.
Known best for its passing game, Barcelona tried last year to have the outline of its badge registered for use on things like stationery, clothing and sports activities.
The attempt failed so the club went to court.
But the Luxembourg-based EU court dismissed the case on Thursday, saying that "none of the characteristics of the sign at issue contains any striking feature which is liable to attract the attention of consumers."
The court added: "In fact, the mark sought will rather tend to be perceived by consumers merely as a shape and will not enable them to distinguish the proprietor's goods or services." |
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Supreme Court hears Texas affirmative action challenge
Topics |
2015/12/10 14:58
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For the second time, the Supreme Court is hearing a white Texan's challenge to the use of race in college admissions.
Abigail Fisher has been out of college since 2012, but the justices' renewed interest in her case is a sign that the court's conservative majority is poised to cut back, or even end, affirmative action in higher education.
The arguments Wednesday are expected to focus on whether the University of Texas' flagship campus in Austin has compelling reasons to consider race among other factors when it evaluates applicants for about a quarter of its freshman class. Most students are admitted to the university through a plan that guarantees slots to Texans who graduate in the top 10 percent of their high school classes.
Fisher says the "top 10" program works well to bring in Hispanic and African-American students, without considering race. Texas says the program alone is not enough and it needs the freedom to fill out incoming classes as it sees fit.
Twelve years ago, the justices reaffirmed the consideration of race in the quest for diversity on campus. A more conservative court first heard Fisher's case in 2012, but the case ended inconclusively with a tepid decision that ordered a lower court review.
The federal appeals court in New Orleans has twice upheld the Texas admissions program and rejected Fisher's appeal.
Fisher's case was conceived by Edward Blum, an opponent of racial preferences. Blum also is behind lawsuits against Harvard University and the University of North Carolina that aim to eliminate any consideration of race in college admissions. |
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High Court rules against Northern Ireland's abortion law
Court Issues |
2015/12/03 06:35
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A Belfast High Court ruling is expected to ease Northern Ireland's strict anti-abortion laws to make it easier for women to terminate pregnancies in some cases.
Abortions are illegal in Northern Ireland except in extreme cases when a woman's life is deemed at risk from her pregnancy. Judge Mark Horner said Monday that certain prohibitions violate the provisions of the European Convention on Human Rights — cases where a fetus has fatal abnormalities or when a woman became pregnant as a result of sexual crimes like rape or incest.
John Larkin, attorney general for Northern Ireland, said he was "profoundly disappointed" by the court's ruling and said he is studying grounds for a possible appeal.
Northern Ireland is part of the United Kingdom, but it has much more restrictive abortion laws than the other regions.
Judge Horner said the present law making it illegal for a mother to terminate her pregnancy where her fetus cannot survive independently once it leaves the womb constitutes a "gross interference with her personal autonomy." He said in such cases "there is no life to protect."
Horner also said the existing law is unfair to victims of sexual crimes who become pregnant.
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