Word: legality
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Dates: during 2000-2000
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...trying to convince a federal judge that the boy would be in danger if he's returned to live in a communist society, and that the boy's father - who wants him back in Cuba - is speaking under duress," says TIME's Miami bureau chief Tim Padgett. "But many legal experts doubt whether a federal judge will buy that argument." Elsewhere, congressional supporters of the Cuban-American leadership are hoping that granting Elian immediate citizenship may help prevent his return, while Havana is considering sending the boy's grandmothers to fetch him, or even issuing his father a diplomatic passport...
...state governments over individual rights, and women's-rights advocates aren't pleased. At issue were two cases in which female professors at state universities sued for pay on par with similarly qualified male profs. The Justices sent the case back to lower courts with instructions to follow the legal model laid out by the Court in an age-discrimination case last week. There the Court ruled that states are immune to age-discrimination claims because they are protected by the 11th Amendment, which prohibits them from standing trial in federal court...
...cases as they would be in gender- or race-discrimination cases. Now the Court says there are no federal protections against states' gender biases, either. "This is directly in line with the legacy of the Rehnquist Court, which is a return to an emphasis on states' rights," says TIME legal correspondent Alain Sanders. "The problem with that is when balancing the rights of citizens against the rights of states, this court tends to minimize the rights of citizens and maximize the rights of states." One legal point some say the Court erred on is its emphasis of the 11th Amendment...
...protesters' First Amendment rights. The constitutionality of buffer zones, which serve as barriers between clinic patients and possibly intimidating protesters, remains a point of heated contention between abortion-rights activists and antiabortion forces. "This is one of the major practical issues in the abortion debate," says TIME legal reporter Alain Sanders. "There is a constitutional right to abortion and a constitutional right to voice an opinion about abortion. The key is finding a balance...
...defenders cite the session as a prime example of FBI intimidation tactics aimed at forcing a confession out of Lee because agents were desperate to "solve" the nuclear-secrets theft case. Government sources insist it is common--and legal--for agents to bluff while trying to shake a subject's story...