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India's top court calls for new law to curb mob violence
Legal Interview | 2018/07/15 00:03
India's highest court on Tuesday asked the federal government to consider enacting a law to deal with an increase in lynchings and mob violence fueled mostly by rumors that the victims either belonged to members of child kidnapping gangs or were beef eaters and cow slaughterers.

The Supreme Court said that "horrendous acts of mobocracy" cannot be allowed to become a new norm, according to the Press Trust of India news agency.

"Citizens cannot take law into their hands and cannot become law unto themselves," said Chief Justice Dipak Misra and two other judges, A.M. Khanwilkar and D.Y. Chandrachud, who heard a petition related to deadly mob violence. They said the menace needs to be "curbed with iron hands," the news agency reported.

The judges asked the legislature to consider a law that specifically deals with lynchings and cow vigilante groups and provides punishment to offenders.

India has seen a series of mob attacks on minority groups since the Hindu nationalist Bharatiya Janata Party won national elections in 2014. The victims have been accused of either smuggling cows for slaughter or carrying beef. Last month, two Muslims were lynched in eastern Jharkhand state on charges of cattle theft. In such mob attacks, at least 20 people have been killed by cow vigilante groups mostly believed to be tied to Prime Minister Narendra Modi's ruling party.

Most of the attacks waged by so-called cow vigilantes from Hindu groups have targeted Muslims. Cows are considered sacred by many members of India's Hindu majority, and slaughtering cows or eating beef is illegal or restricted across much of the country.

However, most of the mob attacks this year have been fueled mainly by rumors ignited by messages circulated through social media that child-lifting gangs were active in villages and towns. At least 25 people have been lynched and dozens wounded in the attacks. The victims were non-locals, mostly targeted because they looked different or didn't speak the local language.


Kentucky high court: Death penalty IQ law unconstitutional
Legal Interview | 2018/06/16 02:22
The Kentucky Supreme Court has ruled that the state's practice for determining if someone is intellectually disabled and not eligible to receive the death penalty is "unconstitutional."

News outlets report that the court on Thursday deemed Kentucky's use of an IQ test to determine if defendants have the mental competence to be sentenced to death outdated. Trial courts required defendants show an IQ of 70 or below before a hearing to determine intellectual disability.

The court's opinion came in the case of a man convicted of murdering a Muhlenberg County girl 20 years ago. Robert Keith Woodall was sentenced to death after pleading guilty in the killing of 16-year-old Sarah Hansen.

Woodall's attorneys, assistant public advocates Mike O'Hara and Dennis Burke, say the court's decision to abandon Kentucky's statute is modern and appropriate.



An Epic Supreme Court Decision on Employment
Legal Interview | 2018/06/01 02:44
False dichotomy, meretricious piety, and pay-no-attention-to-that-man-behind-the-curtain misdirection are vital arrows in the quiver of any lawyer or judge, no matter of what persuasion.

These tricks were on particularly egregious display in Epic Systems Corp. v. Lewis, a 5-4 decision announced Monday in which the Supreme Court’s conservative majority continued its drive to narrow protection for employee rights. (The opinion, written by Justice Neil Gorsuch, was joined by Chief Justice John Roberts and Justices Anthony Kennedy, Clarence Thomas, and Samuel Alito; the dissent, by Justice Ruth Bader Ginsburg, was joined by Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan.)

The issue in Epic Systems was this: Can an employer require its employees, as a condition of keeping their jobs, to submit to individual arbitration of wage-and-hour and other workplace-condition claims—not only without an option to go to court, but without an option to pursue even private arbitration in common with other employees making the same claim?

Employees’ objection to a “no group arbitration” clause is that individual arbitration may concern amounts too small to make pursuing them worthwhile. Thus, these clauses make it easier for employers to maintain unfair or even unlawful employment structures and salary systems.

The question required the court to interpret two federal statutes—the Federal Arbitration Act (1925) and the National Labor Relations Act (1935). The FAA says that “a written provision in a contract evidencing a transaction involving commerce” requiring the parties to arbitrate instead of litigate disputes “shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.” The NLRA provides that “employees shall have the right to self-organization, to form, join, or assist labor organizations, to bargain collectively through representatives of their own choosing, and to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection.”

Begin with text: the NLRA states that it is designed to counter “inequality of bargaining power between employees who do not possess full freedom of association or actual liberty of contract and employers who are organized in the corporate or other forms of ownership association.” There is no language like this in the FAA. The best histories of the FAA’s adoption suggest that it was designed to efficiently settle disputes among merchants—business interests with comparable bargaining power. The Act itself says it should not be read to affect “contracts of employment of seamen, railroad employees, or any other class of workers engaged in foreign or interstate commerce.” The sponsors stated during deliberations that it was not designed to cover labor agreements.

Thus, the issue is whether the no-group-arbitration clause, by violating that provision of the NLRA, provides “grounds as exist at law” to bar the employer-imposed requirement of individual arbitration.

Gorsuch accused Ginsburg, author of the dissent, and the other three moderate liberals—Breyer, Sotomayor, and Kagan—of improperly consulting their own policy preferences, refusing to harmonize two easily reconcilable federal statutes, and illicitly smuggling extra-legal commentary—legislative history—into judicial decisions. But this was purest rhetorical Pecksniffery. Gorsuch himself quite cheerfully invoked a pro-arbitration policy preference; did no more to harmonize the two statutes than did the dissents; and ignored actual history, and the text of the NLRA, in favor of a spurious extra-legal non-textual narrative of the FAA.


North Carolina court allows case against dance instructors
Legal Interview | 2018/04/12 02:11
North Carolina's highest court says dance instructors who glided away to a competing dance studio can still be sued by the employer who wrangled the foreign-born pair's permission to work in the United States.

Happy Dance Inc. studio owner Michael Krawiec said Wednesday he's not yet discussed with his lawyer how to proceed after last week's ruling by the state Supreme Court.

The court decided breach of contract and other claims can continue against two dance instructors from Bosnia and Serbia, but the Charlotte studio that hired them away is largely out of the woods.

U.S. dance studios face a chronic search for instructors and have filled the gap by importing foreign workers from Eastern Europe and other countries where learning to waltz or tango is part of growing up.



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