November 23, 2009

Lawyers Earn Big Fees from Law They Authored

A recent Associated Press article reveals that every lawsuit filed or threatened under a specific California law can trace back to two lawyers who worked together in the writing of that statute. The statute is in regards to electing more minorities to office. So far, there have been about $4.3 million in settlements made under this law.

1504001%20Gavel%20%26%20Money%203.jpgUnder this law, lawyers are able to sue and win judgments easier in cases from claims that minorities were shut out of local elections. In addition, the lawsuit shields attorneys from any type of liability if the claims are tossed out of court.

Seattle law professor Joaquin Avila drafted the law. Robert Rubin, a legal director for the Lawyers Committee for Civil Rights offered advice for the drafting. Both, along with other attorneys working alongside these two, have been able to bill local governments more than $4.3 million in three cases that have settled. There are two additional lawsuits pending. More so, dozens of additional cities and school boards received warning that they too could be sued under the California Voting Rights Act of 2002. Each of these cases has been initiated by Rubin's committee or by Avila.

Although it may seem unjust, there is nothing illegal occurring when an attorney profits from a law they helped to author and state lawmakers approved. What is unique in this situation is that after seven years, related legal efforts continue to be extremely narrow in focus. Avila testified in 2002 that he expected other attorneys would take on cases due to these favorable incentives placed into the law.

According to Avila and Rubin, their roles should not overshadow the importance of these cases, as they work to end injustice at the polls. The number of minority officeholders was on the rise prior to the law being in place, and these two claim the lawyers are using the statute to shake down local governments.

Under the law, state courts may create smaller election districts that favor minority candidates. This was necessary, they claim, because the more commonly used "at large" elections allowed candidates to run across the entire district. Avila says this method leads to discrimination since the majority group will win out.

According to several communities in California, there are no complaints about voter discrimination until these attorneys stepped forward. Critics say the law is flawed. They believe that even when there is no discrimination, cash strapped communities are nearly forced to settle the lawsuit.

Many believe that the law and the settlements do nothing to improve the discrimination. Avila, who charges $725 an hour for services, would not disclose his earnings from the lawsuit. Rubin earns $700 an hour. In some school districts, the cost of such settlements is resulting in the inability of schools to provide textbooks to students.

November 16, 2009

School Dress Codes: Can Boys Wear Skirts?

With the ever-changing rules on being equal, questions are arising questioning whether it is appropriate for boys to wear girls clothing. Most schools have dress codes, such as girls having a proper length skirt. However, what if a boy was wearing the skirt, if it was the proper length, could he?

woman%20in%20tux.jpgCross-dressing teens are testing the boundaries around the country. For example, in Houston, a senior was sent home because his hair violated the length rules, which stated that the hair could be no longer than the bottom of a regular shirt collar. In Cobb County, Georgia, a school sent a boy home because he wore makeup, wigs and skinny jeans. Another case occurred in August in Mississippi, in which a senior’s photo was banned from the yearbook because she was wearing a tuxedo.

This is not the story everywhere, though. For example, in a Tucson high school, a freshmen girl who identifies as a male was nominated as the homecoming prince. A gay male student in Los Angeles was crowned prom queen.

Schools and the public are changing viewpoints on these types of scenarios. In many cases, the adults become the police of the dress code, and follow cultural trends. In some cases, younger generations are simply more willing to accept such changes.

Schools regularly ban things that may be gang or sex related, or promotes drug use. However, when schools try to put in place codes that limit expression of sexual orientation of gender variance, the schools are forced to consider antidiscrimination policies.

Schools will eventually need to take these matters head on with more than 4000 gay and straight alliance clubs in high schools around the country. Even elementary schools are seeing these topics come up. In some high schools, educators are stating that schools should not be the public stage for working out private identity issues. Rather, high schools are supposed to be places for academic and social training. Administrators often rely on the dress code to help keep structure in the day. Cross dressing students cause disruptions, which is counterproductive to the instructional day.

In other schools, such as those in Pima County, Arizona where anti discrimination policies have been put in place, it is not uncommon to see boys wearing makeup and girl clothing, nor is it uncommon to see girls wearing big t-shirts and basketball shorts.

At the same time, educators have to take into consideration the student’s overall safety. If a child comes to school wearing clothes of another gender, and that child is harassed, it is up to the educators to help protect the student. That is not always easy. Even using the bathroom as a transgender student can be incredibly worrisome. Defining this fine line is something that schools across the country will need to do.

November 9, 2009

ACLU Files Lawsuit Over Slumber Party Photos

The American Civil Liberties Union of Indiana has filed a lawsuit on behalf of two students who were suspended from athletic activities after their principal found sexually suggestive photos from a slumber party. In the lawsuit, the ACLU claims that Smith Green Community School Corporation and the Churubusco High School Principal, Mr. Austin Couch violated the students' rights by suspending them for out of school activities. The photos were posted to the student's MySpace pages.

pajama_party.jpgAccording to the lawsuit documentation, the pictures were taken during a slumber party that occurred during the summer months. The students took photos of themselves kissing and licking a novelty lollipop and pictures of themselves wearing lingerie with dollar bills stuck within the clothing. There was no identification with the photos suggesting that the students attended the high school. The lawsuit states that the students were being humorous and that the actions were "irrelevant" to school functions.

After someone accessed, copied and supplied the photos to the principal, the principal suspended the students from all extracurricular activities for the school year. After parents spoke to the principal, the principal agreed to reduce their suspensions if the students attended several counseling sessions and apologized to the athletic board.

Although the school and principal stated they are unable to comment, they did release a statement stating that the pictures "caused a disruption within our athletic teams at the beginning of this year's sessions." The school states the students did not meet extracurricular expectations.

While the parents appealed the ruling, the students attended the counseling sessions so they could participate in fall activities. They also apologized for their behavior in front of the all male athletic board. The ACLU states that this was humiliating and embarrassing.

The ACLU states that this is only one case, out of many similar cases playing out across the country. The organization claims that private moments like these should stay there and out of school administrator's hands.

The school uses a code of conduct that states that the principal "may exclude any student athlete from representing Churubusco High School if his/her conduct in or out of school reflects discredit upon Churubusco High School or the IHSAA or creates a disruptive influence on the discipline, good order, moral or educational environment at Churubusco High School."

The ACLU is hoping to classify the case as a class action suit, since many parents could be part of it. The lawsuit asks for the district to no longer be allowed to punish students for such behaviors and asks that the incident be expunged from the two student's records.

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November 5, 2009

Amgen Sued Over Alleged Medical Kickback Scheme

New York and 14 other states are filing suit against the company Amgen Inc, the largest biotechnology company in the world. The claim is that the company devised and used a nationwide kickback scheme to boost the sale of drugs. The company, along with AmerisourceBergen Corp, is charged with providing medical providers with a kickback for increasing sales of the company's product Aranesp, an anemia medication.

bribery4.jpgIn order to accomplish this, the companies encouraged medical providers to invoice third party payers for Aranesp, including Medicaid, says New York Attorney General Andrew Cuomo. The rewards included retreats and other services.

Aranesp is the third largest drug in sales for the company, producing some $3.1 billion in sales. The company lost sales since 2006 (at which time the product was the company's top sales maker) due to the discovery of a link to increased rates of heart attack and death in kidney patients. Aranesp has sold more than $11 billion since its first sales in 2001. The FDA has approved the product to treat anemia associated with renal failure and chemotherapy induced anemia.

David Polk, who is the spokesman for Amgen, states that the allegations are without merit. The U.S. Department of Justice issued a subpoena of AmerisourceBergen, who claims they are cooperating fully with the demands.

Other jurisdictions that are joining in the law suit include the District of Columbia, Florida, Hawaii, Illinois, Indiana, Louisiana, Massachusetts, Michigan, Nevada, New Hampshire, Tennessee and Virginia. The case was filed in a Massachusetts court.

November 3, 2009

Facebook Unlikely to Collect $711 Million Spam Award

Facebook, the social networking website has won an award of $711 million in damages. The damages awarded from Sanford Wallace who is a prolific spammer and social network scammer, reports state. The man was banned from accessing Facebook as well, as punishment for bombarding Facebook users with spam. The lawsuit, filed by Facebook in early 2009, names Wallace, Adam Arzoomanian and Scott Shaw, all accused of accessing accounts of users without permission to do so and sending spam emails and making posts to public message walls of users.

facebook2.jpgFacebook has a long list of victories over spammers, including one in 2008 for some $873 million against Adam Guerbuez and Atlantis Blue Capital. In this ruling, the three men violated the Computer Fraud and Abuse Act, the California Anti Phishing Act and the Controlling the Assault of Non Solicited Pornography and Marketing Act.

However, experts believe that Facebook will not see the judgement awarded. In fact, Wallace and his partner, Walter Rines, were fined some $230 million in May of 2008 in a case involving MySpace. In that case, the accused tricked users into providing login information through phishing scams. Then, as they accessed the accounts of users, they sent more than 730,000 messages with links to gambling, porn and ringtone websites. The two made more than half a million though their MySpace violations only.

It is unlikely that Facebook will receive much of the judgment, but that is not what Facebook is hoping for. They are using the case as a ploy to show other pro spammers what can happen to them for violating the rules. However, experts state that pro spammers already know what to expect and they do not see it as a deterrent. In fact, whenever these pros lose, they simply disappear for some time and emerge as a different entity somewhere else, rarely paying any of the fees they owe.

Ninety-Five percent of all email is spam, says Jamie De Guerre, who is chief technology officer at Cloudmark. De Guerre also stated that while the industry is doing well to fight spam, the spammers are doing well to find new ways to continue the process. The problem, and perhaps the solution, lies in the hands of consumers and legitimate organizations, who may wish to take more conservative communication efforts, such as avoiding any type of URLs in email communications. The problem is worldwide, and is even more common in other countries. In Russia, for example, even legitimate, respectable companies use spam.

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