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Wis. town barred from beefing up farm water rules
Legal Network |
2012/07/11 22:26
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The Wisconsin Supreme Court ruled Wednesday that a rural town lacksthe authority to impose tougher water-quality standards on a livestockfarm than the state requires.Magnolia, a community about 30 miles south of Madison, granted LarsonAcres Inc. a permit in 2007 when it wanted to expand, but included anumber of conditions because residents blamed it for polluting theirwater supply. The farm initially had 1,000 cows and now has about2,900.Among the conditions, the farm had to allow the town to conductmonthly water quality tests on its land, and it had to follow certaincrop-rotation strategies to reduce nitrate buildup.The farm sued, arguing that pollution-control measures are laid out bythe state and can't be modified by individual towns.The state Supreme Court agreed, ruling that the town exceeded itsauthority by imposing additional measures.The case has been watched by rural Midwest communities struggling todeal with the expansion of so-called factory farms. States throughoutthe farm belt have seen big farms get bigger as the agricultureindustry continues to consolidate.Similar cases have been filed in six other Midwestern states, butWisconsin's is believed to be the first to reach a state supremecourt. |
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Texas Voter ID Law to be Tested in a Federal Court
Legal Opinions |
2012/07/09 22:11
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The fate of Texas' controversial new voter ID law - which requires voters to show photo identification at the polls - is set to be decided this week in a federal court in Washington.
The state, which claims the law will prevent voter fraud, is seeking to persuade a three-judge panel to uphold the statute. The Justice Department and a slew of intervening groups say the law disproportionately affects minority voters, violating the federal Voting Rights Act. They want it thrown out.
The case will be a test of the Voting Rights Act, passed in 1965, which was designed to protect minorities' rights to vote.
The Justice Department set up this week's court fight when it blocked implementation of the law in March. Texas quickly filed a lawsuit in federal court, bringing the two sides back to Washington for the second time in months.
The two sides spent two weeks earlier this year arguing in front of a similar three-judge panel about Texas' redrawn congressional maps. As now, the Justice Department claimed Texas was violating the federal Voting Rights Act. No final decision has been made in that case, but a federal court has approved interim maps that have allowed Texas elections to go ahead. |
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State argues high court AZ ruling supports GA law
Court Watch |
2012/07/06 22:22
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The state of Georgia said Friday in a court filing that its law targeting illegal immigration should be upheld in light of the U.S. Supreme Court's ruling last month on a similar law enacted by Arizona.
The high court upheld a section of Arizona's law that requires police to check the immigration status of those they stop for other reasons. It also struck down three key sections that would: require all immigrants to obtain or carry immigration registration papers; make it a state criminal offense for an illegal immigrant to seek work or hold a job; and allow police to arrest suspected illegal immigrants without warrants.
The 11th U.S. Circuit Court of Appeals in March heard arguments in challenges to both Georgia and Alabama's illegal immigration crackdowns, but the three-judge panel said at the time that it would wait to rule until after the Supreme Court had ruled in the Arizona case. Friday is the deadline for lawyers in those cases to submit new briefs based on the Supreme Court ruling. By early afternoon, only Georgia's filing was available in an online court system. |
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Report: Syracuse sex-abuse probe prompt but flawed
Topics |
2012/07/05 22:07
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Syracuse University's prompt response to allegations of sexual abuse against an assistant basketball coach was done in good faith but was flawed because, among other things, there was no direct contact with law enforcement, a special committee of the university's board of trustees said in a report released Thursday.
Although the 52-page document states there was no attempt to "cover up" any conduct, it reiterates a criticism voiced by Onondaga County District Attorney William Fitzpatrick that police and the district attorney should have been notified immediately so they could conduct the investigation with all the experience and tools available to law enforcement.
The committee assessed the university's response to allegations that Bernie Fine had sexually abused former ball boy Bobby Davis. It said Davis' allegations "should have been viewed from the outset as involving serious alleged crimes."
Davis, now 41, claims Fine molested him for years beginning when he was around 12 years old. He took the claims to university officials in September 2005.
Fine, in his 36th year on the basketball staff, was fired in November 2011 after the allegations were made public. |
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