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Most Canadians support elected judiciary, poll finds
International | 2007/04/10 00:05

Nearly two-thirds of Canadians support having judges elected to the bench, the Globe and Mail reported Monday. According to a poll conducted by Globe and CTV, 63 percent of the respondents favored electing judges, with 24 percent strongly endorsing the idea. Support for the idea was strongest in the predominantly French-speaking province of Quebec. The poll result comes as a surprise to most Canadian legal scholars, as many view American-style judicial election processes negatively. Ontario Chief Justice Roy McMurty told the Globe that he questions the ability of judges to remain impartial under an elected system, saying judges could be pressured into imposing popular but unjust sentences.

The same poll found that a majority of Canadians - some 53 percent - think that the Canadian Charter of Rights and Freedoms with its enumerated and judicially-enforced US-style guarantees of personal freedoms - has had a positive effect on the country since its adoption in 1982. US-style legal structures and procedures have gained increasingly popularity in Canada in the last 50 years, a trend that has arguably accelerated in the late 25, partly under the impetus of the Charter itself.



State Sen. Wayne Bryant pleaded not guilty
Law Center | 2007/04/10 00:01

One of the most powerful politicians in Southern New Jersey pleaded not guilty to federal corruption charges. Senator Wayne Bryant is accused of using his clout as head of the Senate Budget Committee to steer millions in grants to two state schools that gave him no-show jobs. During a court hearing this morning in Trenton, Bryant pleaded not guilty to the fraud, bribery and pension-padding allegations. Also charged in the case is former UMDNJ Dean R. Michael Gallagher of Haddonfield. He also entered a not guilty plea Monday, as expected. U.S. Attorney Christopher Christie alleges Bryant and Gallagher both gained financially from their relationship with the school.



DOJ and Inova Fairfax Hospital Reach Settlement Agreement
Law Center | 2007/04/09 23:08

The Department of Justice today announced a comprehensive settlement agreement under the Americans with Disabilities Act (ADA) with Inova Fairfax Hospital, a hospital serving the Virginia suburbs of Washington, D.C. The settlement agreement, which is designed to ensure effective communication with patients or companions who are deaf or hard of hearing, resolves allegations that the hospital did not appropriately respond to an incident involving a patient who was hearing-impaired.

"Patients and their families need to be able to communicate with medical providers for proper diagnosis and treatment," said Wan J. Kim, Assistant Attorney General for the Civil Rights Division. "This agreement should serve as a model for other hospitals to make certain that individuals who are deaf or hard of hearing have equal access to medical care and treatment as required by the ADA."

The settlement agreement resolves allegations that the hospital did not appropriately respond to requests to provide a qualified sign language interpreter for the deaf mother of a pregnant patient who had been involved in a car accident. Approximately 30 minutes after arrival, while still in the ER, the patient expressly requested a sign language interpreter for her mother; however, Inova failed to call for an interpreter until 5 ½ hours after the initial request. This forced the patient to act as the interpreter for her mother at the same time that the patient was receiving distressing news about her own condition.

Under the agreement, the hospital will provide auxiliary aids, when needed, to family members and companions as well as to patients; assess the communication needs of individuals with speech or hearing impairments upon their arrival or at the time an appointment is scheduled; and provide qualified interpreters (on-site or video interpreting) as soon as possible (and within specified time limits) when necessary for effective communication, especially in circumstances involving lengthy or complex interactions such as admissions and detailed discussions of symptoms, diagnosis and treatment. The hospital has also agreed to pay the patient and her mother a total of $55,000 in damages.

"Effective communication is particularly critical in the health care setting," said Chuck Rosenberg, U.S. Attorney for the Eastern District of Virginia. "We are committed to ensuring that individuals with disabilities and their families are not subjected to unequal treatment because of poor communication with medical personnel about their symptoms, diagnoses and treatment."

Title III of the ADA applies to private entities such as hospitals and other medical care facilities and, among other things, requires that private entities such as hospitals ensure effective communication with persons with speech, hearing and vision impairments. People interested in finding out more about the ADA or the agreement can call the Justice Department's toll-free ADA Information Line at 1-800-514-0301 or 1-800-514-0383 (TTY), or access its ADA Web site at http://www.ada.gov.



US files WTO cases to stem China piracy
World Business News | 2007/04/09 20:04

US Trade Representative Susan Schwab said Monday that the United States is filing a case against China at the World Trade Organization (WTO) for lax enforcement of copyright violations and trademarks. Schwab said that the US will also file a second challenge to China's existing trade barriers, which has hurt the sale of US-produced movies, music and books. The two cases will enter a 60-day consultation period during which the US and China will attempt to resolve their differences through negotiation. If the bilateral negotiations reach an impasse, WTO hearing panels will decide the case.

In February, Schwab announced that the the US was bringing a case against Chinese subsidies at the WTO. The Bush administration has come under increasing pressure to address Sino-US trade relations after the Democrats took control of Congress. In 2006, the total US trade deficit amounted to $765.3 billion dollars, with China accounting for $232.5 billion.



Judge Nixes Conrad Black Mistrial Motion
Breaking Legal News | 2007/04/09 17:55

Judge Amy St. Eve of the US District Court for the Northern District of Illinois denied a motion Monday for a mistrial in the prosecution of Canadian-born former media mogul Conrad Black on fraud charges. John Boultbee, a former associate of Black and his current co-defendant, requested a separate trial from Black in addition to the motion for a mistrial in Black's case. Both pleas were rejected.

Boultbee, the former CFO of Hollinger International, stands accused of illegally diverting more than $80 million from Hollinger and its shareholders during Hollinger's $2.1 billion sale of several hundred Canadian newspapers. Two years ago, Boultbee joined Black, former legal executive Mark Kipnis, and former VP Peter Atkinson in pleading not guilty to fraud charges. A fifth defendant, former Hollinger President David Radler, pleaded guilty to the charges and agreed to testify for the government.



Newt Gingrich says Alberto Gonzales should resign
Political and Legal | 2007/04/09 10:23

Former Speaker of the US House of Representatives Newt Gingrich said Sunday that Attorney General Alberto Gonzales should consider resigning in the wake of his role in the firings of eight US Attorneys. With his criticism of Gonzales' judgment, Gingrich joins a growing group of Republicans who have voiced displeasure with how the attorney general handled the firings. Several other Republican legislators, including administration allies, either support the call for Gonzales' resignation or are demanding an explanation. Gonzales is scheduled to testify in front of the Senate Judiciary Committee on April 17. Last week, committee chair Sen. Patrick Leahy (D-VT) rejected attempts by the Bush administration to move up the date that Gonzales is scheduled to testify. The Senate Judiciary Committee has authorized subpoenas for former White House Counsel Harriet Miers, Deputy White House Chief of Staff Karl Rove, and several DOJ aides to testify and provide documents regarding the scandal. Monica M. Goodling, one of the key aides who took part in planning the US Attorney firings, submitted her resignation without cause Friday. Goodling's resignation, effective Saturday, is the third by a Department of Justice official involved in the controversy.

Kyle Sampson, Gonzales' former chief of staff who has since resigned, told the Senate Judiciary Committee last month that the prosecutors were fired for political reasons rather than for poor performance as the Justice Department has claimed. Gonzales has defended his role in the firings, admitting that there has been some confusion but saying that his involvement in the matter was limited to signing off on recommendations made by Sampson.



Teenager pleads guilty to killing deli owner
Criminal Law | 2007/04/09 09:58

A 16-year-old Buffalo youth has pleaded guilty to second-degree murder for killing a deli owner during a robbery.

Robert Gwynn was 15 when he and a 13-year-old accomplice robbed Myheeb's Deli in November. Gwynn shot the deli owner, Mike Saeed, in the chest. He died soon after.

Because of his age, Gwynn was prosecuted as a juvenile offender. State Supreme Court Justice Timothy Drury told him he'll likely impose a sentence of eleven years to life when he is sentenced in July.

The 13-year-old is being prosecuted in Family Court. His identity hasn't been released.



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