Affirmative action foe wins California court fight

In a bitter fight over the effects of affirmative action, the California Supreme Court ruled Thursday that law school data on race, attendance and grades should be available to the public.

The unanimous decision represents a legal victory for a law professor seeking to test his notion that minority students are actually harmed by preferential admissions policies.

University of California, Los Angeles law professor Richard Sander created a firestorm when he published his "mismatch theory" in the Stanford Law Review in 2004.

Critics swiftly attacked his conclusions, saying Sander understated the positive effects of affirmative action and based his thinking on inadequate statistics.

To further his research, Sander sought data on ethnicity and scholastic performance compiled by the State Bar of California with a public records request in 2008. The state bar denied the request, prompting the lawsuit.

Information compiled by the bar, a branch of the state judiciary responsible with licensing and disciplining lawyers, is "unparalleled," Sander said after the ruling Thursday.

Planned Parenthood Asks Supreme Court's Help In Texas

Planned Parenthood is asking the Supreme Court to place Texas' new abortion restrictions on hold.

The group says in a filing with the high court Monday that more than a third of the clinics in Texas have been forced to stop providing abortions since a court order allowed the new restrictions to take effect Friday.

Planned Parenthood says that the 5th U.S. Circuit Court of Appeals went too far in overruling a trial judge who blocked the law's provision that requires doctors who perform abortions in clinics to have admitting privileges at a nearby hospital.

The filing was addressed to Justice Antonin Scalia, who oversees emergency matters from Texas.

Court favors Abercrombie in Okla. suit over hijab

A federal appeals court has dismissed claims by an Oklahoma woman who says she wasn't hired by Abercrombie & Fitch because her headscarf conflicted with the retailer's dress code, which has since been changed.

A federal judge initially sided with the Equal Employment Opportunity Commission, which filed the lawsuit on behalf of Samantha Elauf. The EEOC alleged that Elauf wasn't hired in 2008 at an Abercrombie store in Tulsa's Woodland Hills Mall because her hijab violated the clothing retailer's "Look Policy."

The 10th U.S. Circuit Court of Appeals reversed that decision Tuesday. The court said Elauf never told Abercrombie she needed a religious accommodation, even though she was wearing the headscarf during her interview.

The Ohio-based company changed its policy three years ago. It recently settled similar lawsuits in California.

Judge says Episcopal issues belong in state court

U.S. District Judge C. Weston Houck has ruled for the second time in recent months that legal issues arising from the Episcopal schism in eastern South Carolina belong in state court, not federal court.
Houck dismissed a federal lawsuit late Friday brought by Bishop Charles vonRosenberg, the bishop of parishes remaining with the national Episcopal Church.
The bishop had asked Houck to block Bishop Mark Lawrence, the spiritual head of churches that left the national church, from using the name and symbols of the Episcopal Diocese of South Carolina.
But Houck ruled the issues "are more appropriately before, and will more comprehensively be resolved, in South Carolina state court."
Lawrence and churches in the conservative diocese separated from the more liberal national church last year. Those parishes later sued in state court to protect their use of the diocesan name and symbols and title to a half billion dollars in church property.
In a consent order agreed to by both sides and signed by a state judge earlier this year, Lawrence and those parishes were given the right to use the name and symbols.
Parishes remaining with the national church later tried to move that case to federal court, but Houck ruled in June that doing so would disrupt the balance between state and federal courts.

Court asked to safeguard NM mental health audit

The attorney general's office says an agreement has been reached for State Auditor Hector Balderas to have access to an audit that identified potential overbillings and fraud by behavioral health providers.

Chief Deputy Attorney General Al Lama said Thursday a state district judge in Santa Fe has been asked to issue an order making clear the audit report will be protected from public disclosure once it's provided to Balderas.

The auditor and Human Services Department support the request.

Balderas said his office needs the information in auditing the department's finances. He obtained a subpoena to try to force the department to provide him with the audit done for the agency.

Lama said public disclosure of the audit could jeopardize the attorney general's investigation of allegations against the behavioral health providers.

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Los Angeles jeweler pleads guilty in KPMG case

The owner of a Los Angeles jewelry store pleaded guilty Monday for his role in an insider-trading case involving a former senior partner at accounting firm KPMG.
Bryan Shaw, 52, pleaded guilty to one count of conspiracy and was scheduled to be sentenced Sept. 16 when he faces a maximum of five years in prison.
"In this guilty plea, Mr. Shaw continued his path to fully accepting responsibility for his actions and doing the right thing," said Shaw's attorney Nathan Hochman.
Authorities said Shaw made more than $1 million in illicit profits by trading in advance of company announcements on earnings results or mergers for KPMG LLC clients, including Herbalife Lt., Skechers USA Inc. and Uggs maker Deckers Outdoor Corp.
In exchange, Shaw gave former KPMG accountant Scott London bags filled with cash, along with a $12,000 Rolex watch and jewelry for his wife, among other items, prosecutors said. The Securities and Exchange Commission, which filed civil charges in the case, estimates London received at least $50,000.

Strip shooting-crash suspect gets lawyer in Vegas

A self-described pimp who once posted online images of himself with fists full of cash told a Las Vegas judge on Wednesday that he had no money to hire a lawyer to defend himself against charges that he killed three people in a shooting and fiery crash Feb. 21 on the Strip.

Ammar Harris, 27, stood in shackles and told Justice of the Peace Deborah Lippis that he understood he faces 11 felonies, including murder, attempted murder and seven discharging a weapon counts.

Harris wasn't asked to enter a plea. The judge appointed two public lawyers to defend him, ordered him held without bail and set his next court appearance for April 29.

Clark County District Attorney Steve Wolfson said the case is a top priority and prosecutors will consider seeking the death penalty.

Harris is accused of firing fatal shots before dawn Feb. 21 from a black Range Rover into a Maserati sports car that then slammed into a taxi, killing the cab driver and a tourist from Washington state.

Defense lawyers David Schieck and Randall Pike said Harris plans to plead not guilty and fight the charges. They declined to speak about evidence in the case.

Tehran Boldon, younger brother of taxi driver Michael Boldon, who was killed, called it difficult to maintain composure in the courtroom, where Harris avoided eye contact.

Ex-Goldman trader pleads guilty in NY fraud probe

A former Goldman Sachs trader pleaded guilty to wire fraud Wednesday, admitting that he caused his company to lose $118 million in 2007 when he put $8 billion at risk.
Matthew Marshall Taylor, 34, said he took the position on a futures contract traded electronically through the Chicago Mercantile Exchange in December 2007 to enhance his reputation and boost his earnings in a year when he made $150,000 in salary and $1.6 million in bonuses. At the time, he was working at Goldman Sachs in lower Manhattan.
According to court papers filed in Manhattan, Taylor entered fictitious information in trading account records and lied to company representatives to cover up the fact that he had put 10 times more money at risk in the trade than he was allowed. He claimed that the $8 billion at risk was actually only $65 million, the papers said.
U.S. District Judge William H. Pauley III said he was miffed that the government in a plea deal was holding Taylor responsible for no more than $2.5 million in losses. The amount of money lost in financial crimes usually plays a significant role in the length of any prison sentence.
The judge also said he could not understand why the government was not making a legal finding that Taylor had used "sophisticated means" to carry out the crime. Such a designation would again likely increase the length of any prison sentence. Pauley also noted that the government could have claimed that the crime endangered the financial health of Goldman Sachs, a designation that also could increase a prison sentence. A prosecutor said he did not believe either enhancement was appropriate because Taylor carried out the fraud in a manner similar to his usual work patterns and the company's financial stability was not threatened.

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Cliff avoided: Congress staves off tax hikes

Past its own New Year's deadline, a weary Congress sent President Barack Obama legislation to avoid a national "fiscal cliff" of middle class tax increases and spending cuts late Tuesday night in the culmination of a struggle that strained America's divided government to the limit.

The bill's passage on a bipartisan 257-167 vote in the House sealed a hard-won political triumph for the president less than two months after he secured re-election while calling for higher taxes on the wealthy.

Moments later, Obama strode into the White House briefing room and declared, "Thanks to the votes of Republicans and Democrats in Congress I will sign a law that raises taxes on the wealthiest 2 percent of Americans while preventing tax hikes that could have sent the economy back into recession."

He spoke with Vice President Joe Biden at his side, a recognition of the former senator's role as the lead Democratic negotiator in final compromise talks with Senate Republican Leader Mitch McConnell of Kentucky.

In addition to neutralizing middle class tax increases and spending cuts taking effect with the new year, the legislation will raise tax rates on incomes over $400,000 for individuals and $450,000 for couples. That was higher than the thresholds of $200,000 and $250,000 that Obama campaigned for. But remarkably, in a party that swore off tax increases two decades ago, dozens of Republicans supported the bill at both ends of the Capitol.