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Japan whistleblower sidelined despite court ruling
Legal Business | 2012/07/11 15:39
An employee at Japanese medical equipment maker Olympus said Wednesdaythat his humiliating treatment has not changed despite a Supreme Courtruling that his demotion for whistleblowing was illegal.Masaharu Hamada said he is still isolated in the office and after lastmonth's court judgment is not given any work. His was the firstwhistleblower case to reach Japan's highest court.His lawyer Koichi Kozen said Hamada may have to file another lawsuit,complaining of human rights violations. Japan remains behind Westerncountries in penalizing companies that fail to abide by court rulings,and some fines are so small companies would rather pay up than abide,Kozen said."We would hope the company would respond quickly, but there has beenno response," Kozen said. "We want Mr. Hamada to get a new assignment,where he can be happy."Hamada, 51, an Olympus salesman with experience in the United States,first sued in 2008, alleging punishment for relaying a supplier'scomplaint.He is considered a whistleblower in Japan because he raised questionsabout colleagues' professional behavior and was subjected to bizarreand humiliating punishment, such as taking rudimentary tests.


Romney calls Obama's health care requirement a tax
Legal Business | 2012/07/05 02:08
Mitt Romney on Wednesday said requiring all Americans to buy health insurance amounts to a tax, contradicting a senior campaign adviser who days ago said the Republican presidential candidate viewed President Barack Obama's mandate as anything but a tax.

"The majority of the court said it's a tax and therefore it is a tax. They have spoken. There's no way around that," Romney told CBS News. "You can try and say you wish they had decided a different way but they didn't. They concluded it was a tax."

Romney's comments amounted to a shift in position. Earlier in the week, senior adviser Eric Fehrnstrom said Romney viewed the mandate as a penalty, a fee or a fine - not a tax.

The Supreme Court last week ruled that the federal requirement to buy health insurance or pay a penalty is constitutional because it can be considered a tax. The requirement is part of the broad health care overhaul that Obama signed into law in March 2010.



Powerbroker tied to Nevada Sen. Reid goes to court
Legal Business | 2012/06/09 00:03
A former developer and lobbyist with long ties to Senate Majority Leader Harry Reid and Nevada's political elite turned himself in to federal authorities Thursday after being indicted on criminal charges involving federal campaign contributions.

Harvey Whittemore planned to plead not guilty later in the day before a federal magistrate in Reno, his lawyer, John Arrascada, told The Associated Press.

Whittemore, 55, was indicted by a federal grand jury Wednesday on four counts related to campaign contributions made in 2007 to an unnamed elected federal official.

Once a kingpin in state political circles, Whittemore made campaign contributions to numerous politicians including Republican Sen. Dean Heller and Democratic Rep. Shelley Berkley. But records show only Reid received donations of more than $100,000 on a single day in 2007.





Appeals court knocks out Job Corps drug tests
Legal Business | 2012/06/09 00:03
A federal appeals court on Friday declared a random drug testing program for government workers at 28 U.S. Forest Service Job Corps centers unconstitutional.

The centers are home for at-risk youths from ages 16 to 24 from troubled environments. Residents are housed in remote rural locations and trained in various vocations.

In a 2-1 decision, the U.S. Circuit Court of Appeals for the District of Columbia said the small number of drug use incidents among a workforce of several thousand over many years does not establish a serious problem, much less an immediate crisis necessitating expansion of a random drug testing policy.

The government "has thus offered a solution in search of a problem," Judge Judith Rogers ruled.

Absent from the record, Rogers said, is any demonstration that government staffers using drugs influenced youths at the center to use them, in violation of the centers' Zero Tolerance Policy. She was joined by Judge Douglas Ginsburg.

Previously, the only center workers undergoing random drug testing were nurses and employees required to hold a commercial driver's license.



Wash. lawyers challenge secret court proceedings
Legal Business | 2012/05/26 15:15
A defense lawyer in Eastern Washington was reading a detective's statement in his client's drug case when he came across a curious line. In asking to search the man's house and cars, the detective revealed that he had already seen the defendant's bank records.

That's odd, thought the lawyer, Robert Thompson of Pasco. There's no search warrant for the bank records. How'd he get them?

The answer — with a subpoena secretly issued by a judge — provides a window into the little-known use of "special inquiry judge proceedings" in Benton County and across the state. Prosecutors who use them say the proceedings are authorized by state law, make for more efficient investigations and have plenty of judicial oversight, but Thompson and other defense attorneys say they raise questions about privacy, accountability and the open administration of justice.


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