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Same-sex marriage is now legal in all of Mexico’s states
Corporate Governance Law | 2022/10/27 13:46
Lawmakers in the border state of Tamaulipas voted Wednesday night to legalize same-sex marriages, becoming the last of Mexico’s 32 states to authorize such unions.

The measure to amend the state’s Civil Code passed with 23 votes in favor, 12 against and two abstentions, setting off cheers of “Yes, we can!” from supporters of the change.

The session took place as groups both for and against the measure chanted and shouted from the balcony, and legislators eventually moved to another room to finish their debate and vote.

The president of the Supreme Court of Justice of the Nation, Arturo Zaldívar, welcomed the vote. “The whole country shines with a huge rainbow. Live the dignity and rights of all people. Love is love,” he said on Twitter.

A day earlier, lawmakers in the southern state of Guerrero approved similar legislation allowing same-sex marriages.

In 2015, the Supreme Court declared state laws preventing same-sex marriage unconstitutional, but some states took several years to adopt laws conforming with the ruling.


Appeals court puts Georgia PSC elections back on ballot
Corporate Governance Law | 2022/08/14 15:15
A federal appeals court on Friday ordered that statewide elections for two Georgia public service commissioners be put back on the November ballot, only a week after a federal judge postponed the elections after finding that electing the five commissioners statewide illegally diluted Black votes.

A three judge panel of the 11th U.S. Circuit Court of Appeals blocked the lower court’s order after an appeal by the state, which follows a U.S. Supreme Court decision saying judges shouldn’t order changes close to elections.

The 2-1 split decision came at the state’s deadline for finalizing ballots ahead of the election, so there is enough time to print ballots before the first ballots are mailed to voters living outside the country in late September.

District 3 Commissioner Fitz Johnson and District 2 Commissioner Tim Echols, both Republicans, are seeking reelection to six-year terms. Johnson is being challenged by Democrat Shelia Edwards while Echols faces Democrat Patty Durand and Libertarian Colin McKinney.

Circuit Judges Robert Luck and Adalberto Jordan found that U.S. District Judge Steven Grimberg’s decision came too close to the election, that having Johnson and Echols remain on the commission past the end of their terms is an improper fundamental alteration of the state’s election system, and that not only did Grimberg need to issue his decision before the ballot printing deadline but far enough in advance “to allow for meaningful appellate review.”

Friday’s decision is not the 11th Circuit’s final word on Grimberg’s decision, but only a stay. Luck and Jordan clearly anticipate the plaintiffs will appeal to the nation’s highest court, writing in a short opinion that “if we are mistaken on this point, the Supreme Court can tell us.”

Circuit Judge Robin Rosenbaum dissented, saying the other judges were extending the doctrine barring changes close to an election to a whole new category of cases without “a sufficient explanation.” She said the majority is, in effect, letting the state conduct an election under a system that a judge already determined is illegally discriminatory.


Pakistani court orders probe into ex-minister’s arrest
Corporate Governance Law | 2022/05/23 09:41
A court in Pakistan’s capital has ordered an investigation into the controversial arrest of a former human rights minister over a decades old land dispute.

Chief Justice Ather Minallah of the Islamabad High Court late Saturday ordered the probe in response to a petition from the daughter of former minister Shireen Mazari.

Minallah questioned the decision by officials in Islamabad to allow police from a Punjab provincial district to make the arrest in the capital.

Mazari, who served in the Cabinet-level position under former Prime Minister Imran Khan, had been detained by police near her Islamabad home earlier in the day.

Fawad Chaudhry, former information minister in Khan’s administration, alleged that Mazari — the senior leader in Khan’s Pakistan Tehreek-e-Insaf party — had been politically targeted by the new administration of Prime Minister Shahbaz Sharif under the guise of a land dispute dating back to 1972.

Hours after Mazari’s arrest, Chief Minister of Punjab province Hamza Shahbaz ordered her release and late Saturday she was brought to the Islamabad court for an urgent hearing. She was then released.

Mazari has been critical of Sharif’s government on Twitter since Khan’s government was toppled in a no-confidence vote in Parliament last month. Khan’s party lawmakers resigned from the body’s lower house in protest and Khan is mobilizing supporters through public rallies across the country to pressure the government into an early election.


Supreme Court denies Penobscot appeal over namesake river
Corporate Governance Law | 2022/04/20 14:04
The U.S. Supreme Court on Monday declined an appeal by the Penobscot Indian Nation in its fight with Maine over ownership and regulation of the tribe’s namesake river.

It was a bitter defeat for the tribe that sued a decade ago, claiming the Penobscot River is part of its reservation.

Penobscot Chief Kirk Francis said it was a disappointing outcome in a legal case that goes to the “core identity of the Penobscot Nation.”

“We see this as a modern day territorial removal by the state by trying to separate us from our ancestral ties to our namesake river,” Francis told The Associated Press.

A federal judge previously ruled that the reservation includes islands of the river’s main stem, but not the waters. There were appeals to a panel of the 1st U.S. Circuit Court of appeals, and then to the full appeals court.

On Monday, the nation’s top court without comment declined to hear the tribe’s appeals over river regulation.

Maine Attorney General Aaron Frey and Democratic Gov. Janet Mills had no immediate comment on Monday.

The ruling came as the Maine Legislature was considering several measures that relate to tribal sovereignty.


Hearing opens for Jackson, 1st Black female high court pick
Corporate Governance Law | 2022/03/21 16:17
The Senate Judiciary Committee on Monday opened the Supreme Court confirmation hearings for Judge Ketanji Brown Jackson, the first Black woman nominated for the nation’s highest court.

Jackson, 51, is to give her opening statement later Monday and answer questions on Tuesday and Wednesday from the panel’s 11 Democratic and 11 Republican senators.

Barring a significant misstep by the 51-year-old Jackson, a federal judge for the past nine years, Democrats who control the Senate by the slimmest of margins intend to wrap up her confirmation before Easter. She would be the third Black justice, after Thurgood Marshall and Clarence Thomas, as well as the first Black woman on the high court.

“It’s not easy being the first. Often, you have to be the best, in some ways the bravest,” Democratic Sen. Dick Durbin of Illinois, the committee chairman, said shortly after the proceedings began.

The committee’s senior Republican, Sen. Chuck Grassley of Iowa, promised Republicans would “ask tough questions about Judge Jackson’s judicial philosophy,” without turning the hearings into a ”spectacle.”

Jackson’s testimony will give most Americans, as well as the Senate, their most extensive look yet at the Harvard-trained lawyer with a resume that includes two years as a federal public defender. That makes her the first nominee with significant criminal defense experience since Marshall.


Court rules Norman violated FOIA when approving budget
Corporate Governance Law | 2021/04/11 10:47
The city of Norman violated the state’s Open Meeting Act when it approved a budget that cut the police budget by $865,000, the Oklahoma Supreme Court ruled Tuesday.

The court upheld a circuit judge’s December ruling that a required notice for the June 16 meeting was worded deceptively. The notice said the council would consider adopting the city’s proposed operating and capital budgets, but it did not say an amendment to slash the police budget by 3.6% would be discussed.

“We find that the language used in the agenda was deceptively vague and likely to mislead regarding the meeting and therefore was a willful violation of the (Open Meetings) Act,” according to the opinion by Chief Justice Richard Darby.

The ruling also found that the city’s budget is invalid.

“We are reviewing it and will comply with the Supreme Court ruling,” city spokesperson Annahlyse Meyer said.

The cut came in the midst of calls to “defund the police” after the May death of George Floyd in Minneapolis. The money was to be used for community outreach programs.

“These budget amendments reflect an intentional effort to tackle systemic racism in our community and to be proactive as opposed to reactive in meeting the social service needs of our residents,” Mayor Breea Clark said at the time.

The vote to cut the police budget also led to a failed petition effort to recall Clark and four members of the eight-person City Council.


Mississippi told to pay $500K to wrongfully imprisoned man
Corporate Governance Law | 2021/03/03 14:32
A judge is ordering the state of Mississippi to pay $500,000 to a Black man who was wrongfully imprisoned more than 22 years and was tried six times in a quadruple murder case.

Curtis Flowers was released from prison in December 2019, months after the U.S. Supreme Court ruled that a district attorney had excluded Black jurors from his trials. Flowers had spent years on death row.

Mississippi Attorney General Lynn Fitch said in September that she would not try Flowers a seventh time in the 1996 slayings and a robbery that took place at a furniture store in Winona. He had been in custody since 1997.

In November, Flowers sued the state seeking compensation for wrongful imprisonment. Court papers show the attorney general’s office agreed to his request.

Montgomery County Circuit Judge George Mitchell on Tuesday ordered the state to pay Flowers $500,000. That is the maximum allowed under a 2009 state law, which says the state can pay $50,000 for each year of wrongful imprisonment, for a up to 10 years.

Mitchell also ordered the state to make a separate payment of $50,000 to Flowers’s attorneys.

Flowers was convicted four times: twice for individual slayings and twice for all four killings. Two other trials involving all four deaths ended in mistrials. Each of Flowers’s convictions was overturned.

In June 2019, the U.S. Supreme Court tossed out the conviction and death sentence from Flowers’s sixth trial, which took place in 2010. Justices said prosecutors’ pattern of excluding Black jurors from his trials was unconstitutional.

The Supreme Court ruling came after American Public Media’s “In the Dark” investigated the case. The podcast recorded jailhouse informant Odell Hallmon in 2017 and 2018 recanting his testimony that Flowers had confessed to him.

The first six trials were prosecuted by the local district attorney. Flowers was still facing the 1997 indictments in December 2019 when a judge agreed to release him on bond. The district attorney handed the case to the attorney general, and her staff spent months reviewing it before deciding not to go forward because of a lack of credible witnesses.



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