Legal Radar

Lawmakers Passes Bill to Counteract Israel Boycotts

Lawmakers in Illinois recently passed a bill that would allow public employee pension funds to spill investments in firms participating in Israel Boycotts.

Early this week, the bill passed the Illinois House of Representatives. The Illinois State made the approval on a 49-0 vote last month. Sponsors are seeking counteracting efforts by a Palestinian campaign to isolate Israel.

The bill entails Illinois’ pension system to eliminate firms boycotting Israel from their portfolios. The measure is now being enforced by the Illinois Investment Policy Board, which mandates state pension funds to be divested from companies transacting with countries who have made human rights violations.

The bill also requires the state’s investment policy board to initially make a list of firms believed to have boycotted Israel. Those same companies will then be given a notification of being subjected to divestment. If a firm still maintains its stance against Israel, state fund investment advisers would then be given authorization to seem, redeem, or withdraw any direct holdings within one year

Unrest in Ferguson Puts Spotlights on Protesters Rights

Clashes between law enforcement officers and protestors in Ferguson, Missouri, are in the spotlight regarding protester rights and crowd control by the police.

Anger over the shooting of Michael Brown, has prompted protests combined with looting and vandalism, as police officers in riot gear threw tear gas to scatter the crowd.

Missouri’s Governor, Jay Nixon, said he has plans for operation shifts in dealing with the Ferguson situation.

Courts have taken the view of the First Amendment rights to free speech and assembly to offer protection to protestors taking part in peaceful protests.

Courts respect the on-street action by police. If a protest ends up being violent, officers can respond with proper violence. In certain instances, officers may have the power to utilize deadly force.

Based on the Missouri law, the use of deadly force can be justified if an officer has reasons to believe it’s necessary to make an arrest or prevent an individual from committing a felony, utilizing a harmful weapon, or inflicting serious injury.

Federal Judge Rules Alabama's Proposed Restrictions on Abortion Doctors Not Constitutional

Governor Robert Bentley signed into law a measure which would require doctors performing abortions at the state's clinics to obtain admitting privileges at local hospitals. The measure was meant to ensure that women who had abortions would have continuity of care should there be a need for hospital care. But today a federal judge declared the law unconstitutional since it would close several of the state's top abortion clinics and cause undue hardship on women seeking abortions. The state's Attorney General, Luther Strange stated that he disagreed with the ruling passed down by the judge today and does have plans to appeal. There are some clinics in both Huntsville and Tuscaloosa where doctors have complied with the law. Hospitals require associating doctors to admit a minimum number of patients each month and there are also some institutions which have religious affiliations for which they reject applicants from doctors who perform abortions.

LGBT Federal Employees Protected by Obama's Executive Order

An executive order signed by President Obama will bar companies that work for the federal government from discriminating against employees based on thier gender identity or sexual orientation. Although several religious groups such as Catholic hospitals requested that Obama exclude institutions which are faith-based, but Obama would not agree to an exemption. Obama also amended the already existing executive orders which protected LGBT employees from being discriminated against. In essence, Obama's executive order makes LGBT and gender identity a protected class which protects the groups from discriminatory practices in the workplace. The president opted for an executive order since the Congress failed to pass the Employment Non-Discrimination Act (ENDA) which would ban discrimination against employees who are gay. The Democrat controlled Senate passed the Act, but the republican House did not. LGBT groups were pleased with the order and advocacy groups stated that the president's actions are "historic executive actions to advance LGBT equality."

District Judge Declares No-fly List Unconstitutional

A U.S. District Court Judge declared that the government’s No-fly list is a violation of a person’s constitutional rights. Judge Anna Brown stated that there was not a practical way for a person who is placed on the list to challenge the listing. Individuals who are on the no-fly list are prohibited from flying within the United States or from the US to other regions. Hina Shamsi, an ACLU lawyer stated that the court’s decision will benefit many people who have erroneously been placed on a no-fly list. It will at least allow them the opportunity to challenge being on the list. The court’s ruling came about because of 13 people, which included four military veterans, challenged their own placement on the no-fly list. Brown stated that international travel is a “necessary aspect of liberties sacred to members of a free society.” Many of those who have been unknowingly placed on the list have found themselves being detained and interrogated by foreign authorities. The government states that the no-fly list is secretive to keep terrorists from knowing that they are included on the list. Presently, the government attorneys will review the decision.

Supreme Court Refused to hear Mosque Case

 The U.S. Supreme Court has stated that they will not hear an appeal made by a neighborhood group which is trying to block the construction of a mosque in the town of Murfreesboro, Tennessee. The neighbors have thus far been unsuccessful in blocking the construction and have appealed to the Supreme Court. One of the board members from the Islamic Center stated that he hoped the Supreme Court's refusal will help bring back some unity to the small community. The argument brought up by the neighborhood has been going on since 2010. Those arguing against the mosque's construction state that there was not enough public notice given prior to the meeting of the planning commission. It was in that meeting that the approval was granted. The mosque was build anyway while the case was moving through the court systems. A lawyer which represents the opponent of the mosque stated that they have done all they can but they are now suing to prevent a cemetery on the property of the Islamic Center.

North Carolina Judge Stopped Accused Duke Student's Expulsion

Duke University student, Lewis McLeod was accused of sexual misconduct and allegedly raped a female student while she was intoxicated. McLeod filed a claim against the university for expelling him without due process or a proper investigation. Superior Court Judge W. Osmond Smith III rejected Duke's effort to have the lawsuit filed by the student dismissed. His ruling blocks the university from expelling him, at least temporarily. McLeod alleges that the university is guilty of breaching, violating and otherwise depriving him of material rights. According to the University policy which has been in place for about a year, any student who is found culpable of sexual misconduct is punished by expulsion. But McLeod has not been charged with any crime as of yet and there was no investigation into the allegations conducted on the school's part. Mr. McLeod claims that the school panel did not interview or permit testimony from an of the key witnesses including frat brothers who were present that night. They based the decision solely on the second-hand account of a person who remains anonymous. Duke allegedly discouraged McLeod from seeking legal advice and expelled him based on an "unpublished" policy.

Massaage Therapist Sues Google for Retaliation in Sexual Harassment Case

Former Google employee, Elvis Gardin was working at the corporate office as a massage therapist. He claims he was sexually harassed by a company engineer who has not yet been named. Gardin claims the Google employee made sexual advances toward him and also masturbated in his presence during a massage session After filing formal complaints with the company, Gardin alleges he received "false and malicious" write-ups. Later when he asked for a leave of absence to take care of his mother who was ill, he was terminated.  Gardin openly states that he is gay and upon his termination he was replaced by a heterosexual female. Therefore, he filed a suit under the Human Rights Law of New York City as well.  Gardin is requesting compensation for the loss of his wages and benefits as well as for emotional stress he alleged suffered from the incident. Google has yet to comment on this incident.

 

Police Use of "Killer Robots" may Violate Human Rights

According to an article that was recently released from Harvard Law School there is a strong likelihood of autonomous weapons being developed for use by the police and military. According to Harvard and the Human Rights Watch advocacy group, using weapons that operate without being controlled by humans poses a serious threat to our basic human rights. Researchers have indicated that as of yet, there have been no completely autonomous weapon systems developed. However, they also note that technology is moving rather rapidly toward that end. One example is the US X-47B which is only in prototype stages but has been proven to be able to take off and land on an aircraft carrier with no assistance from humans.  South Korea also has already developed a sentry robot which is capable of shooting humans and is supposedly used in a demilitarized zone shared with North Korea.

 The reports are calling for an international ban on developing completely autonomous weapons such as these. The argument remains that such weapons cannot use human judgment in determining whether or not to take a human life. 

Missouri Inmate Cites Eighth Amendment to Request Halting Execution

In recent months, both Oklahoma and Ohio have botched executions performed by lethal injections. Russell Bucklew is awaiting an execution in Missouri which has a lethal injection protocol similar to Oklahoma’s. Bucklew is seeking an emergency injunction that would prevent the state from carrying out his execution. The recent executions used a new drug that is prepared by compounding pharmacies but their actual identity is not known. This raises the concern of those opposed to the death penalty.

To complicate Bucklew’s case, he has a tumor caused by a rare medical condition which also weakens his blood vessels. Because of this condition, according to his physician, he is likely to experience an excruciating and painful death. The eighth amendment prohibits “cruel and unusual punishment.” In Bucklew’s law suit he states that because of the presence of a vascular tumor due to his condition, he would suffer extreme pain and suffering if he is executed by lethal injection and this violates his eighth amendment rights.