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Idaho Supreme Court overturns tougher ballot initiative law
Attorney News |
2021/08/26 00:40
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The Idaho Supreme Court has rejected a new law designed to make it harder for voters to get initiatives on the ballot, saying the legislation was so restrictive that it violated a fundamental right under the state’s constitution.
The ruling issued Monday was a win for Reclaim Idaho, a group that successfully sponsored a Medicaid expansion initiative three years ago and that is now working to qualify an initiative for the ballot that aims to increase public education funding.
Idaho Speaker of the House Scott Bedke said in a prepared statement that members of the House Republican Caucus were disappointed by the ruling. He said the law would have increased voter involvement, “especially in the corners of the state too often forgotten by some.”
Reclaim Idaho co-founder Luke Mayville said the ruling means thousands of Idaho residents are “breathing sighs of relief.”
“Nearly every time in our history that our legislature attempted to eliminate the initiative process, either the governor or the courts stepped up to protect the rights of the people. Today’s decision adds a new chapter to that history, and future generations of Idahoans will look back on the court’s decision with gratitude,” Mayville said in a prepared statement.
The high court’s opinion written by Justice Gregory Moeller was unanimous in its main conclusion — that the law should be overturned — though two of the justices said they would have gotten at the same conclusion in slightly different ways.
“The ability of the legislature to make laws related to a fundamental right arises from the reality that, in an ordered society, few rights are absolute,” Moeller wrote. “However, the legislature’s duty to give effect to the people’s rights is not a free pass to override constitutional constraints and legislate a right into non-existence, even if the legislature believes doing so is in the people’s best interest.”
The case pitted the rights of voters to enact and repeal laws against the power of the state Legislature to shape how ballot initiative efforts are carried out. The new law, which passed earlier this year, required signature-gatherers to get 6% of registered voters in each of Idaho’s 35 legislative districts within a short time span. Opponents said it made Idaho’s initiative process the toughest in the nation, rendering such efforts virtually impossible to achieve. But supporters said the law would protect people with less popular political opinions from being overrun by the majority.
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Biden’s new evictions moratorium faces doubts on legality
Attorney News |
2021/08/06 22:37
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President Joe Biden may have averted a flood of evictions and solved a growing political problem when his administration reinstated a temporary ban on evictions because of the COVID-19 crisis. But he left his lawyers with legal arguments that even he acknowledges might not stand up in court.
The new eviction moratorium announced Tuesday by the Centers for Disease Control and Prevention could run into opposition at the Supreme Court, where one justice in late June warned the administration not to act further without explicit congressional approval.
Landlords from Alabama whose bid to lift the earlier pause on evictions failed returned to federal court in Washington late Wednesday, asking for an order that would allow evictions to resume.
The administration is counting on differences between the new order, scheduled to last until Oct. 3, and the eviction pause that lapsed over the weekend to bolster its legal case. At the very least, as Biden himself said, the new moratorium will buy some time to protect the estimated 3.6 million Americans who could face eviction from their homes.
Some legal scholars who doubt the new eviction ban will stand up say its legal underpinnings are strikingly similar to the old one.
“Meet the new moratorium, same as the old moratorium!” Ilya Somin, a George Mason University law professor who backed Biden over former President Donald Trump last year, wrote on Reason.com.
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40-year sentence upheld for man who killed his roommate
Attorney News |
2021/07/25 00:19
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Maine’s supreme court has upheld a 40-year prison sentence imposed on a man who killed his roommate in Old Orchard Beach.
Dustan Bentley pleaded guilty to murder in the death of 65-year-old William Popplewell, who was beaten, stabbed and strangled with a ligature.
Police arrested Bentley as he was attempting to use a ratchet and strap to pull the body into the trunk of his car, which was lined with a shower curtain. An autopsy revealed the victim suffered multiple broken bones and had been stabbed up to 30 times.
The Maine Supreme Judicial Court unanimously ruled that there was nothing in the record to indicate that the judge made a mistake.
“At no point did the court depart from sentencing principles or abuse its discretion in coming to or issuing its sentence,” the court said.
Bentley and Popplewell met at a Portland homeless shelter, and Bentley later moved into Popplewell’s apartment in Old Orchard Beach in December 2018. Popplewell was killed in March 2019.
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Bankruptcy proceedings can have long-term benefits
Attorney News |
2021/07/22 08:16
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Chicago Bankruptcy Law Firm Covers Bankruptcy in the Wake of COVID-19
The COVID-19 pandemic has damaged the economy, leaving many families and business owners worried about how they will pay for even the most basic expenses. In the midst of this crisis, you might be considering filing for bankruptcy or wondering how COVID-19 will affect an existing bankruptcy filing.
No matter your situation, the Chicago Bankruptcy Law Firm of Daniel J. Winter is here to help give you the answers and assistance that you need. We are more than happy to explain to anyone in financial distress exactly what their options are.
What Is Bankruptcy?
Bankruptcy is a Federal system of laws, rules, and procedures designed to help legal residents of the U.S. deal with their debts, which, for whatever reason, individuals or businesses cannot pay as they are due. The most common types of Bankruptcy are for people (called Consumer Bankruptcies).
Two major types of Consumer Bankruptcy are Chapter 7 (liquidation or debt elimination), Chapter 13 (wage-earner reorganization for individuals or people running unincorporated businesses).
Chapter 11 is a type of Corporate Bankruptcy (reorganization for businesses and certain individuals with extremely large amounts of debt). Chapter number refers to the section of the Bankruptcy law, called the Bankruptcy Code (which is in Title 11 of the U.S. Code).
Bankruptcy cases almost exclusively fall under federal law, though states may pass laws governing issues that federal law doesn’t address. Special bankruptcy courts nationwide handle only debtor-creditor cases. Generally, any bankruptcy-related claim must be filed with the U.S. Bankruptcy Court.
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New York Dental Malpractice Claims
Attorney News |
2021/07/19 17:19
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The law firm of Jordan R. Pine & Associates is exclusively dedicated to representing clients in dental malpractice lawsuits in New York State.
New York Dental Malpractice Attorney - We have been involved with over 1,000 dental malpractice cases and have the expertise, resources, and passion to handle claims in this highly specific area. We have recovered millions of dollars for our clients.
Dental Malpractice occurs when the treatment provided by dental health care professionals falls below the acceptable standard of care causing serious personal injuries. Like other areas of professional malpractice, dental malpractice is a form of negligence. Dentists are usually working hard to make sure that their patients are well cared for, but there are far too many mistakes that could have been prevented.
Mr. Pine is dedicated to securing the compensation people deserve for injuries caused by dental malpractice and dental error. As an experienced New York dental malpractice lawyer, a complete copy of your dental records will be obtained. The records are yours and you are entitled to this information under the law. It must be kept in mind that certain records may not be kept in the dental chart and must be specifically requested separately. For instance, the ledger and account history are usually on the computer. It is also very important that all x-rays also be duplicated and obtained as well as progress notes, copies of prescriptions, copies of referral slips, etc.
New York Dental Malpractice Claims
If you or a loved one has been a victim of dental malpractice, you have the right to seek fair and full compensation for your present and future medical expenses, diminished quality of life, lost wages, pain and suffering and more.
Before determining whether your dental malpractice claim is valid, you should consult with us. We will sit down to discuss your injuries and the merits of your case. Contact our New York dental malpractice law firm today at (845) 558-8286 or through our contact form. We are here to help.
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