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Canadian court strikes down anti-prostitution laws
Law Firm News | 2013/12/23 19:58
Canada's highest court struck down the country's anti-prostitution laws Friday, a victory for sex workers who had argued that a ban on brothels and other measures made their profession more dangerous. The ruling drew criticism from the conservative government and religious leaders.

The court, ruling in a case brought by three women in the sex trade, struck down all three of Canada's prostitution-related laws: bans on keeping a brothel, making a living from prostitution, and street soliciting. The ruling won't take effect immediately, however, because the court gave Parliament a year to respond with new legislation, and said the existing laws would remain in place until then.

The decision threw the door open for a wide and complex debate on how Canada should regulate prostitution, which isn't in itself illegal in the country.

Robert Leckey, a law professor at McGill University, said the court found that the law did nothing to increase safety, but suggested in its ruling that more finely tailored rules might pass constitutional scrutiny in the future.


Affirmative action foe wins California court fight
Court Watch | 2013/12/20 18:28
In a bitter fight over the effects of affirmative action, the California Supreme Court ruled Thursday that law school data on race, attendance and grades should be available to the public.

The unanimous decision represents a legal victory for a law professor seeking to test his notion that minority students are actually harmed by preferential admissions policies.

University of California, Los Angeles law professor Richard Sander created a firestorm when he published his "mismatch theory" in the Stanford Law Review in 2004.

Critics swiftly attacked his conclusions, saying Sander understated the positive effects of affirmative action and based his thinking on inadequate statistics.

To further his research, Sander sought data on ethnicity and scholastic performance compiled by the State Bar of California with a public records request in 2008. The state bar denied the request, prompting the lawsuit.

Information compiled by the bar, a branch of the state judiciary responsible with licensing and disciplining lawyers, is "unparalleled," Sander said after the ruling Thursday.


Va. court: Hookah lounge exempt from smoking ban
Court Issues | 2013/12/20 18:27
A divided Virginia Court of Appeals has ruled that a Blacksburg hookah lounge is exempt from the state's restaurant smoking ban.

In a 6-3 ruling Tuesday, the court said the She-Sha Cafe and Hookah Lounge is not subject to the ban because it's a retail tobacco store as well as a restaurant. She-Sha says most of its revenue comes from customers' use of hookahs - tall water pipes that are used to smoke flavored tobacco.

The state law regulating indoor public smoking covers restaurants but specifically exempts tobacco retailers. The court's majority cited that exemption in ruling in She-Sha's favor.

The decision reverses a three-judge panel's ruling that She-Sha is covered by the ban because it also serves food.


Indian gay activists protest top court's ruling
Press Release | 2013/12/16 18:37
Hundreds of gay rights activists gathered in India's capital and other cities across the country on Sunday to protest a decision by India's top court to uphold a law that criminalizes gay sex.

India's Supreme Court last week reversed a landmark 2009 lower court order that had decriminalized gay sex. The country's gay community is demanding that the government take immediate action to remove the colonial-era law banning same-sex relations.

About 800 protesters in New Delhi, the capital, wore black arm bands Sunday and waved rainbow-colored flags and banners. Some people wore masks and wigs to protect their identity. They said the Supreme Court's ruling had evoked anger and dismay across the country.

The activists said that they were in the process of taking legal steps to undo the court's decision and that Sunday's protest was to make their voices heard.

"It's my fundamental right to decide who I should love," said Rohan Mehta, a New Delhi-based businessman who was among the demonstrators. "I will not let the court deprive me of my rights."

The court ruled Wednesday that only lawmakers could change the law that bans gay sex and makes it punishable by up to a decade in prison.

The ruling dealt a blow to gay activists who have fought for years for the chance to live openly in India's deeply conservative society.


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