Sunday, November 28, 2010

New laws to tackle binge drinking

Commercial Law
Government plans to crack down on binge drinking and reclaim high streets for "sensible law-abiding drinkers" are set to be unveiled this week.

Home Secretary Theresa May said 24-hour licenses have failed to produce the benefits of a "cafe culture" and tougher action is needed to tackle alcohol-related crime and disorder which costs the taxpayer up to £13 billion each year.

The overhaul of licensing laws will give communities greater flexibility to find a solution that suits them, she said. Proposals included tougher penalties for serving under-age drinkers, with fines doubling to £20,000 for persistent offenders, and a late night levy to allow licensing authorities to charge premises which open late for the additional policing.

Health Secretary Andrew Lansley confirmed that there would be a ban on selling alcohol at below cost price.

Thursday, November 25, 2010

National terror law watchdog coming soon

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The government is inching toward naming its first terrorism law watchdog, eight months after the post was created.

After years of talk, parliament created the job of National Security Legislation Monitor in March.

The part-time position will be based inside the Department of Prime Minister and Cabinet and a candidate will be appointed solely by Julia Gillard.

"The government has approached a preferred candidate and negotiations on the appointment are under way," a spokeswoman for Ms Gillard told AAP.

"Once these negotiations have concluded the government will consult with the Opposition on the proposed appointment, in accordance with the legislative requirements."

Wednesday, November 24, 2010

Push in Iowa and California For Arizona-Style Immigration Laws

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Supporters of Arizona’s controversial immigration law has groups from other states pushing for ballot initiatives on similar measures.

In Iowa and California, ballot initiatives are moving forward on measures that would allow authorities to check the immigration status of anyone they suspect may be in the country illegally.

A citizens group in Iowa is trying to collect 200,000 signatures to urge lawmakers to pass the law. The Des Moines Register reported that the Minuteman Patriots have sent petitions to 81 counties in the state hoping to reach its goal before the Legislature begins in January.

"We have illegal aliens working here and they are taking the jobs of American citizens," said Craig Halverson, of Griswold, the group's national director.

Tuesday, November 23, 2010

Kate Wilkinson: Employment Reforms Passed Into Law

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Minister of Labour Kate Wilkinson says the passing into law tonight of the Employment Relations Amendment Bill (No 2) and the Holidays Amendment Bill will provide New Zealanders with more opportunities and choice and boost business confidence.

"These two bills improve our employment law framework by promoting greater clarity where required and increasing flexibility and choice for both employers and employees," Ms Wilkinson says.

"This Government is focused on creating jobs and providing the right conditions for economic growth.

"Ensuring that businesses have confidence in our employment framework and aren't bogged down by compliance costs will increase investment in our economy and our communities.

"We want to see New Zealanders in work. We want them to be successful and we back them to make the right decisions for their families."

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Sunday, November 21, 2010

Sharia law dispute goes to court

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A federal judge will hear arguments Monday on a preliminary injunction against one of the most contentious ballot measures in this month's elections -- an Oklahoma referendum that banned state courts from considering international or Islamic law when deciding cases.

U.S. District Judge Vicki Miles-LaGrange already had blocked certification of SQ755, which passed November 2 with 70 % of voters backing the measure. Monday's hearing in her Oklahoma City court will focus on a request for a restraining order that would block the law from taking effect until the lawsuit has been resolved.

The case was brought by Muneer Awad, executive director of the Oklahoma Council for American Islamic Relations, on the grounds that the amendment is religious discrimination and would invalidate his will, which is partially based on Islamic law, also known as Sharia law.

The measure has prompted confusion and heated debate over exactly what the measure would ban, with Muslims and other opponents calling the referendum a cheap bit of “Islamophobia” ginned up against a non-existent problem, while anti-jihad activists and the measure's proponents accuse Muslims of bad faith and blame the state for causing the confusion in the first place.

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Thursday, November 18, 2010

Immigration law a threat to Texas competitiveness

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Texas state Rep. Debbie Riddle, R-Tomball, made headlines recently for prefiling an Arizona-style immigration law called HB 17. An Arizona-style anti-immigration law would be disastrous for Texas.

But there are some major differences between HB 17 and Arizona's law (SB 1070). While Arizona's anti-immigration law is 17 pages long, Riddle's Texas bill is barely more than a page and only deals with identifying and removing undocumented immigrants during police stops if the officer has probable cause to believe that the suspect is in the U.S. without proper documentation.

Sounds mild, but the law makes no allowance for legal immigrants, like refugees awaiting court hearings or H-1B visa holders awaiting word for an extension on their visa. Both groups are legally in the U.S. but cannot prove it to police officers. Therefore, HB 17 would drive away many documented immigrants from the state.

Big chunks of the new Arizona law were declared unconstitutional by a U.S. District Court; an appeal by the state is now pending before the 9th Circuit Court of Appeals.

Tuesday, November 16, 2010

Debate swirls around California law allowing non-citizens into college

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SACRAMENTO, CA - Controversy continues to swirl around a California State Supreme Court ruling upholding a law allowing undocumented students to pay in-state fees to attend college.

California enacted the law known as AB540 in 2002. It says non-citizens who establish 3 years of residency can pay in-state tuition fees to attend California colleges and universities.

Some out-of-state students paying higher fees filed suit calling the law unfair. The state supreme court said Monday the law is legal, marking the first ruling of its kind in the nation.

The issue prompted debate among students at CSU Sacramento. Victoria Ramirez said, "I think they should be able to pay less. I think it's okay if they're residents here and have been living here three years."

Monday, November 15, 2010

Pledge law upheld by federal court

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A federal appeals court has found that a New Hampshire law requiring schools to schedule voluntary recitation of the Pledge of Allegiance does not unconstitutionally force religion upon students.

The ruling came in a lawsuit brought by a Hanover couple who claimed the rights of their three young children were violated when elementary school and middle school teachers led their classes in daily recitation of the pledge because it describes the United States as a nation "under God." The parents, identified only as Jan and Pat Doe, said their children, like them, were atheist or agnostic.

The couple in 2007 joined with the Freedom From Religion Foundation, a Madison, Wis., organization promoting the separation of church and state, to sue the local school districts and the federal government. Their lawsuit challenged the constitutionality of the New Hampshire School Patriot Act, a law enacted in 2002 amid discussion of the September 11, 2001, terrorist attacks.

The law requires schools to establish a time during the school day for students to voluntarily recite the Pledge of Allegiance. It does not require students to stand during the pledge or give any reason for not joining the recitation, but it does ask them to be silent and respectful.

Sunday, November 14, 2010

Homeowners: Flush costly septic inspections law down drain

Commercial Law
A new law that requires statewide inspections of septic tanks as a way to reduce pollution in Florida's springs, streams and lakes is under attack as a financial burden on homeowners.

The state Legislature, which convenes Tuesday for a half-day special session, is expected to delay the start of the inspections, scheduled to begin early next year, so lawmakers can reconsider the measure during a regular session that starts in March.

The author of the inspections requirement, former Republican state Sen. Lee Constantine of Altamonte Springs, said last week that a delay would give critics the opportunity to fatally sabotage a tool designed to help Florida address its increasingly costly water woes.

"It's pay me a little now or pay me a lot later," said Constantine, who could not run for re-election this month because of term limits.

Friday, November 12, 2010

Understand changes in health care under new law

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I don't know about you, but I feel increasingly confused as I try to decipher the various details of the new health care law. One thing I do know is that now, more than ever, we consumers must take control of our own health care.

There are new rights, benefits and protections under the Affordable Care Act, which went into effect on September 23. Some highlights of the law include: no more denial of coverage for pre-existing illnesses in children and adults who have been uninsured more than six months, elimination of lifetime dollar limits on benefits, and children may be kept on their parents' policy until age 26.

This just scratches the surface. To help consumers understand their personal health insurance options, the government has created a comprehensive website. The site, www.healthcare.gov, can be a bit overwhelming when you first start navigating it. Look at small sections at a time and don't try and tackle it in one sitting.

Since this is open enrollment time, many of us have insurance coverage decisions to make for the upcoming year. Whether you are staying with your current provider, making a change or receiving coverage for the first time, it is critical to understand costs, benefits and ultimately what will work best for you and your family.

Thursday, November 11, 2010

Overhaul of family law gives children priority

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PROPOSED changes to the Family Law Act will offer unprecedented protection to children who have at times been treated as ''chattels'', a Queensland MP says.

Shayne Neumann, with 20 years' experience in family law, says the planned changes released yesterday are a fundamental shift away from the interests of parents back to the interests of children.

"Children are not chattels and these changes recognize that," he said.

The Commonwealth Attorney-General, Robert McClelland, and NSW Attorney-General, John Hatzistergos, released an outline of the proposed changes.

They radically alter the approach taken in 2006 under the Howard government, which changed the Family Law Act to emphasize shared parenting.

Wednesday, November 10, 2010

Liquor law passes first hurdle

The Government's liquor law bill passed its first reading in Parliament today amid strident criticism from opposition MPs who said it would do little to curb binge drinking or reduce the harm alcohol caused.

The Alcohol Reform Bill will enact previously-announced proposals, a raft of law changes affecting the sale and supply of liquor.

It gives local authorities strong powers to decide their own licencing regimes, proposes splitting the purchase age to 18 for bars and 20 for supermarkets and liquor stores, puts restrictions on the supply of liquor to minors and extends the description of public places where drinking can be banned.

Justice Minister Simon Power said risky drinking was becoming increasingly normalised in New Zealand, especially among young people.

"The Government is not going to stand by and allow excessive and harmful alcohol consumption to become further ingrained into our culture," he said.

Tuesday, November 9, 2010

Disputed French Pension Reform Signed Into Law

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French President Nicolas Sarkozy has signed into law a controversial pension reform that raises France's official retirement age.

The law is published in Wednesday's edition of France's "Official Journal," where all of the country's laws are first published.

Nicolas Sarkozy signed the measure shortly after it was approved on Nov. 9 by the French Constitutional Council, following its adoption by parliament at the end of October.

The law raises the standard retirement age from 60 to 62 also the full state pension age from 65 to 67.

The decision had been opposed by trade unions and many members of the public, who mounted weeks of strikes and mass protests in Oct., causing fuel shortages, in a bid to persuade lawmakers to cancel the reform.

First health law appeal rejected

Commercial Law
WASHINGTON -- The U.S. Supreme Court on Monday refused to revive a challenge to President Barack Obama's health care overhaul, leaving intact a ruling that said a California man and an interest group filed their lawsuit prematurely.

The case marks the first time that the high court has been called upon to act on the health care law, which is also being challenged by 20 states in 2 lawsuits.

In rejecting the appeal, the justices dropped a hint that all 9 of them will take part if they ultimately consider the law's constitutionality. Two justices whose participation has been the subject of discussion -- Elena Kagan and Clarence Thomas -- both took part in Monday's action.

Justice Kagan, who served as Mr. Obama's top courtroom lawyer before he appointed her to the Supreme Court, was pressed by Republican senators considering her nomination this year to say whether she would disqualify herself from disputes over the health care law.

Sunday, November 7, 2010

Argentine Profit-Sharing Law Threatens Jobs as Investment Lags Chile, Peru

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Argentina’s government is pushing a bill that would require companies to distribute 10 % of profits to employees, a move business leaders say violates property rights and may undermine investment in South America’s second-biggest economy.

Hector Recalde, a 72-year-old lawmaker for President Cristina Fernandez de Kirchner’s Victory Front alliance, said his bill would allow employees to benefit from the surging profits at banks and other industries. Opponents say it would dissuade companies from expanding, buying new equipment and adding jobs. The Labor Committee in Argentina’s lower house will take up the legislation this week.

"Argentina urgently needs more investments and this is going to generate a totally negative effect on jobs,” said Diego Perez Santisteban, president of Argentina’s Importers Chamber. “It can inhibit those who have plans to invest."

The proposal, which opposition leaders said they can support, comes as banks, telecommunications companies and food producers benefit from the country’s economic growth. Argentina’s economy will grow 9 % this year, the most since 2005, according to the central bank’s forecast, after 0.9 % growth last year. The plan may boost trade union support for Fernandez ahead of presidential elections next October, said Analia Del Franco, a political analyst who runs pollster Analogias in Buenos Aires.

Wednesday, November 3, 2010

Military leaders benefit from pension law

Commercial Law
The National Assembly yesterday brought an end to the controversy over whether past military heads of the federal government should be entitled to pension by approving what amounts to an enhanced pension package for the men through the joint passage of the ‘Remuneration for former presidents, Heads of State, Heads of federal legislative Houses and Chief Justice of the Federation Bill 2010 (SB 153)'.

Currently, the Constitution provides pension for only the president and the vice president, which, according to the 1999 Constitution, will be equivalent to the salary of the incumbent president. However, the new law introduces the Chief Justice of Nigeria, the Senate president and his deputy, and the Speaker and his deputy, into the league of past leaders to benefit from the pension.

Past leaders to benefit from the act include Yakubu Gowon, Muhammadu Buhari, Ibrahim Babangida, and Abdusalami Abubakar.

The law, however, restricts anybody who has held 2 offices that are eligible for the perk to only one - the highest of those offices which s/he has held in order of national precedence. Thus, Olusegun Obasanjo will have to choose whether he would want his pension to be paid as former military ruler or as a democratically elected president.

Tuesday, November 2, 2010

As Border Violence Intensifies, Ariz. Gov. Defends New Law

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Seven bodies were found Oct. 31 in a mass grave in Nogales, Arizona’s largest border city. According to a Fox News report, the city’s mayor, José Angel Hernandez, related that officers recovered six bodies and a severed head in a riverbed; a seventh headless body was found nearby.

Though the report did not attribute the deaths to drug-related activity, the bodies were found in an area of the state so well known for border violence that the National Parks have posted signs warning visitors that the area is unsafe.

On Nov. 1, the day after the discovery of the seven bodies, Arizona Governor Jan Brewer appeared in the 9th U.S. Circuit Court of Appeals in San Francisco to defend the state’s new immigration law, S.B. 1070, which addresses the state’s growing problems of drug-related crimes and an increase in undocumented alien traffic which have caused border violence to spiral out of control.

Governor Brewer and her lawyers faced a panel of 3 judges who questioned the way the law was carried out. Justice Department lawyers say parts of the state law are unconstitutional and would interfere with federal law enforcement.