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Friday Furloughs: Judge Allows Hawaii to Cut Class

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One of the cornerstones of our national success is the requirement that all children regularly attend school. Except in Hawaii, not on Fridays.

Maine Gay Marriage Law Defeated by Vote

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Yesterday voters decided the fate of a law that would have allowed gay marriage in the state of Maine. In a close vote, the voters decided to overturn that law with 53% of the vote. The law was passed by the state legislature and signed by Maine Governor John Baldacci in May 2009.

Civil Rights History

This was a pivotal moment for the gay rights movement. Advocates of gay marriage were hoping that this would be the first time that an electorate would uphold a law that supported same-sex marriage. Unfortunately, this was not the case.

It was also hoped that Maine would illustrate popular consensus within a state for gay marriage. Many critics of gay marriage have used California as an example of how voters do not agree with same-sex marriage. These critics will most likely use Maine as an example now too.

Top 10 Scary Legal Myths

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MYTH: You have to be over the legal Blood Alcohol Content (BAC) limit in order to be charged with Driving Under the Influence.

FACT: In most states, it's illegal to drive a car while "impaired" by the effects of alcohol or drugs (including prescription drugs). This means that there must be enough alcohol or drugs in the driver's body to prevent him from thinking clearly or driving safely. Many people get to this point before they are at the BAC limit, which is now .08% in all states. That means that someone who is not at or above the legal limit can still be charged with a DUI if their ability to operate a motor vehicle has been impaired.

MYTH: A written contract can't be broken.

FACT: Actually, parties can get out of written contracts in many ways. For instance, if the contract wasn't created adequately, courts will declare it not to be binding. Also, a contract is unenforceable when the terms are unconscionable - in other words, when the contract is patently unfair to one of the parties. The actual terms of a contract might also contain conditions under which the contract will be dissolved.

MYTH: If someone breaks into your house, you have the right to use lethal force against them.

FACT: While most jurisdictions protect a homeowner's right to defend their family and their property, not all that do allow the homeowner to use lethal force. Moreover, even jurisdictions that do allow for the use of lethal force require that the homeowner reasonable believed that the intruder meant to inflict death or serious bodily injury on them or their family.

MYTH: An error on a traffic ticket voids the ticket.

FACT: This isn't usually the case. For minor errors, there are administrative procedures that courts can use to modify information entered on a traffic ticket.

MYTH: If the police don't read a person their Miranda rights when arresting them, they can't be convicted of the crime.

FACT: We all know that police are supposed to advise an arrestee of their right to remain silent and their right to an attorney, but the failure to do so won't result in the case against the arrestee being dismissed. Instead, a judge might not allow any statements the arrestee made while in police custody to come in as evidence against them. This might make it harder to convict the person, but they could still be found guilty if there is sufficient alternative evidence.

How to Spot Sexual Harassment: 6 Facts

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Though sexual harassment in the workplace may be an uncomfortable subject to discuss, Title VII of the Civil Rights Act of 1964 provides federal protection against the harassment on the basis of sex.

Here are six facts on identifying sexual harassment in the workplace, according to the U.S. Equal Employment Opportunity Commission (EEOC):

Update: Oklahoma Abortion Law Temporarily Restrained

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We posted earlier about the new Oklahoma abortion law that would require posting of details of women who have abortions in the state on a public website.  The information posted online would include date of abortion, age, education, marital status and race of the mother, among other details.  The new legislation was challenged in a lawsuit brought by two women alleging violation of the Oklahoma state constitution.

It was enough to give the presiding judge reason to halt enforcement of the controversial new law.

New California Handgun Law Puts Ammo on Lockdown

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Among the numerous bills signed into law was one restricting the sale of handgun ammunition in California.  Here are some quick facts about the new legislation:

  • The law will require licensed dealers to keep ammunition behind the counter.
  • Gun dealers can only sell less 50 rounds per month to a particular buyer.
  • Gun dealers must record information about the ammunition sale including: date, buyer's birthdate, name, address, driver's license, thumbprint, signature; amount, brand, and type of ammunition sold; salesperson it was sold by.
  • Internet and mail-order suppliers are banned from selling ammunition directly to California state citizens
  • It will be illegal for anyone subject to gang injunction to purchase handgun ammunition.
  • The law will take effect in 2011

A Marriage Story, In Black, White, and Color

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It is the late 1950's.   A Caucasian man proposes marriage to his future wife, a part-African American, part-Cherokee woman in Virginia.  The two decide to wed in the country's capital before settling down in their home state.  Instead of congratulation and celebration, their marriage is met by arrest and lawsuit for violating state law prohibiting interracial marriage.  The couple, Mildred and Richard Loving, briefly relocated to Washington D.C. to escape with stipulation of their sentences before returning to Virginia to fight the state's interracial marriage ban and make history in the process.  The now-famous Supreme Court case of Loving v. Virginia of 1967 established the legal right of interracial marriage, by finding state laws banning the practice to go against the grain of the U.S. Constitution.

Fast forward a half-century to southeastern Louisiana.  An African American man plans marriage with his Caucasian fiancĂ©e.  The local justice of the peace, an elected officer, refuses to perform the marriage.  The facts are different, and yet the issue of restricting interracial marriage is once again brought to main stage.

Vote-by-Mail Much? You Can Now in New Jersey

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You no longer have to be an absentee voter to vote-by-mail in New Jersey.  According to a new state law that passed in the spring, voters absent and present can choose to exercise their voting prowess by darkening circles and filling blanks in the comfort of home.

What about fraud?

Spotlight on Gay Rights: Legislation Update

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National Coming Out Day 2009 (October 11th) found itself preceded by a speech by President Obama and commemorated by a solidarity march on Capitol Hill involving tens of thousands of gay rights supporters---making it a big weekend to come out, be out, and demand to be equal.  California Governor Arnold Schwarzenegger followed suit by passing legislation recognizing rights of same-sex couples legally married in other states.  The hot-button issue of gay rights has been headlining the news of late.  Here's a rundown of recent legislation passed or discussed and events that have taken place to support the equal rights movement:

Nobel Peace Prize in the U.S.: Who Has Won and For What

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If you were surprised when former Vice President Al Gore was awarded a Nobel Peace prize for his work to bring attention to global warming, this week's news of President Obama receiving the global honor may also have you wondering about who else has won and what the selection process is like.

First, some facts about the Nobel Peace Prize:

  • the Nobel Peace prize has been awarded annually since 1901
  • nominations are due 8 months before winners are announced, on February 1st of each year.
  • selection is made by an independent committee, made of elected members.
  • nominations for the Nobel Peace Prize can be submitted by former laureates, members of national assemblies and governments, current and former members of the selection committee and their staffs, certain university professors and academics, leaders of peace research and foreign affairs institutes, members of international courts of laws.
  • candidate names are not revealed and records remained sealed for 50 years.