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Court to hear dispute over state tax collection
Legal Focuses |
2014/05/30 20:01
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The Supreme Court on Tuesday agreed to consider a dispute over how a state may tax the income that its residents earn in another state.
In a case that could affect how taxes are collected in every state, the justices will hear an appeal from Maryland officials who want to overturn a lower court ruling that found the state's tax law unconstitutional.
Maryland law allows residents to deduct income taxes paid to other states from their Maryland state tax. But it does not apply that deduction when it comes to a local "piggyback tax" the state collects for counties and some city governments.
Last year, the Maryland Court of Appeals said the tax violates the Constitution's Commerce Clause. The court said the law discourages Maryland residents from earning money outside the state.
Maryland Attorney General Douglas Gansler says the state has authority to tax all income of its residents, even income earned outside the state. He said the Court of Appeals' decision could cost local governments $45 million to $50 million annually and warned that Maryland might have to refund up to $120 million in taxes. |
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Iran judge summons Facebook CEO to court
Legal Focuses |
2014/05/27 20:28
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A judge in southern Iran has ordered Facebook founder and CEO Mark Zuckerberg to appear in court to answer complaints by individuals who say Facebook-owned applications Instagram and Whatsapp violate their privacy, semiofficial news agency ISNA reported Tuesday.
It quoted Ruhollah Momen Nasab, an official with the paramilitary Basij force, as saying that the judge also ordered the two apps blocked. It is highly unlikely that Zuckerberg would appear in an Iranian court since there is no extradition treaty between Iran and the United States. Some Iranian courts have in recent years issued similar rulings that could not be carried out.
Another Iranian court last week had ordered Instagram blocked over privacy concerns. However, users in the capital, Tehran, still could access both applications around noon Tuesday. In Iran, websites and Internet applications have sometimes been reported blocked but remained operational.
Facebook is already officially banned in the country, along with other social websites like Twitter and YouTube as well as their mobile apps. However some senior leaders like Foreign Minister Mohammad Javad Zarif are active on Twitter, and many Iranians use proxy servers to access banned websites and applications.
While top officials have unfettered access to social media, Iran's youth and technology-savvy citizens use proxy servers or other workarounds to bypass the controls.
The administration of moderate President Hassan Rouhani is opposed to blocking such websites before authorities create local alternatives. Social media has offered a new way for him and his administration to reach out to the West as it negotiates with world powers over the country's contested nuclear program. |
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Supreme Court takes up case of fired air marshal
Legal Focuses |
2014/05/20 18:27
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The Supreme Court agreed Monday to consider the case of a federal air marshal who was fired after leaking information to the press about aviation security plans.
The justices will hear an appeal from the Obama administration, which claims Robert MacLean is not entitled to whistleblower protection for disclosing that the Transportation Security Administration planned to save money by cutting back on overnight trips for undercover air marshals.
MacLean was fired in 2006, three years after he told a reporter the cuts were being made despite a briefing days earlier about an imminent terrorist threat focusing on long-distance flights. MacLean said he leaked the information after his boss ignored his safety concerns.
When news of the planned became public, congressional leaders expressed their concerns and the Department of Homeland Security acknowledged that the plan was a mistake. No flight assignments requiring overnight hotel stays were canceled.
The U.S. Court of Appeals for the Federal Circuit ruled last year that MacLean should be allowed to present a defense under federal whistleblower laws. But the government argues that the law does not protect employees who reveal "sensitive" security information.
MacLean asserts that no law specifically prohibited him from revealing the information because it wasn't considered sensitive when it was shared with him. The agency's decision to curb the overnight trips was sent as a text to MacLean's cellphone without using more secure methods. He says the law protects government employees who report violations of the law or specific danger to public safety. |
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Arkansas court says judge went too far on voter ID
Legal Focuses |
2014/05/16 21:38
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The Arkansas Supreme Court tossed out a judge's ruling striking down the state's voter ID law on Wednesday, but stopped short of ruling on the constitutionality of the measure.
In a 5-2 ruling, justices vacated a Pulaski County judge's decision that the law violates Arkansas' constitution. Pulaski County Circuit Judge Tim Fox had struck down the law in a case that had focused on how absentee ballots are handled under the law, but justices stayed his ruling while they considered an appeal.
Fox also has ruled the law unconstitutional in a separate case but said he wouldn't block its enforcement during this month's primary. That ruling is being appealed to the high court.
Justices said Fox didn't have the authority to strike down the law in the case focusing on absentee ballots. They noted that there was no request before Fox in the case to strike down the law. |
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Court says final 'No' to Jewish restitution claim
Legal Focuses |
2014/05/02 17:37
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The Czech Republic's highest court has confirmed the rejection of a restitution claim by the descendants of a Jewish man who owned a snap button factory that was taken over by the Nazis and then nationalized.
The Constitutional Court confirmed its 2010 verdict, which overturned a 2009 Supreme Court ruling and all previous rulings of lower courts that found in favor of three relatives of Zikmund Waldes, who owned the Koh-i-noor factory in Prague when the Nazis seized it in 1939 during their occupation of what was then Czechoslovakia. The heirs will also not get back a collection of some 20 paintings that were housed in the plant.
The latest verdict sent to The Associated Press by the court on Friday is final. It said the legal complaint by the heirs was "clearly baseless" because it didn't contain any new arguments. |
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