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Posted: August 27th, 2010, 4:10pm MSD
[JURIST] Arizona Governor Jan Brewer (R) [official website] on Thursday filed the state's opening brief [text, PDF] in the US Court of Appeals for the Ninth Circuit [official website], asking the court to lift the preliminary injunction blocking Arizona's controversial immigration law [SB 1070 materials; JURIST news archive] from taking full effect. In the brief, Arizona argues that the preliminary injunction should be vacated because District Judge Susan Bolton applied the wrong legal standard in issuing the preliminary injunction. The brief argues the district court only found that the law was unconstitutional because it was "likely" to conflict with federal...
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Posted: August 27th, 2010, 2:36pm MSD
[JURIST] An Iranian court has sentenced Qorban Behzadiannejad, the campaign manager for opposition leader Mir Hossein Mousavi [BBC profile] during the 2009 election [JURIST news archive], to five years in prison, opposition website Kaleme [advocacy website, in Persian] reported [Kaleme report, in Persian] Friday. The report does not identify the charges [AP report] against Behzadiannejad. The former campaign manager was also reportedly fined $100 for insulting President Mahmoud Ahmadinejad [official website]. In June, Mousavi called for the prosecution [JURIST report] of those who committed fraud during the 2009 election and vowed to continue opposing Ahmadinejad. Earlier that month, Iranian Supreme...
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Posted: August 27th, 2010, 2:30pm MSD
[JURIST] The UN Committee on the Elimination of Racial Discrimination (CERD) [official website] concluded its 77th session Friday by expressing concern [text] with the discrimination faced by Roma migrants [JURIST news archive] in numerous European countries, focusing on France's recent expulsion policy. The committee's concern was not limited to France's expulsion policy, but also included the behavior of politicians, including "political speeches of a discriminatory nature." CERD noted the seeming contradiction between France's preparation of a national plan to fight racism, while at the same time expelling individuals without any consent:The Committee expressed concern over the difficult situation members of...
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Posted: August 27th, 2010, 2:07pm MSD
[JURIST] Members of the UN Security Council [official website] expressed "outrage" [statement; UN News Centre report] Thursday over a recent mass rape in the Democratic Republic of Congo (DRC) [BBC backgrounder; JURIST news archive], calling for justice for the victims. UN representatives allege that Congolese rebel groups Mai Mai and the Democratic Liberation Force of Rwanda (FDLR) [GlobalSecurity backgrounders] raped between 150 and 200 women and children [NYT report] in a small cluster of villages in eastern DRC between July 30 and August 3 of this year. The attackers allegedly blocked all communication [BBC report] from the villages, preventing villagers...
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Posted: August 27th, 2010, 1:26pm MSD
[JURIST] The Federal Communications Commission (FCC) [official website] on Thursday appealed [text, PDF] a decision [JURIST report] by the US Court of Appeals for the Second Circuit that the agency's television indecency rule [text] is unconstitutionally vague in violation of the First Amendment. The July appellate court decision further held that the FCC's rule, which allowed broadcasters to be fined based on isolated expletives, chills protected speech, as broadcasters would err on the side of not airing controversial matter, rather than face the prospect of significant fines. The agency's appeal for rehearing and an en banc rehearing argues that the...
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Posted: August 27th, 2010, 10:11am MSD
[JURIST] Kenyan President Mwai Kibaki [official profile] signed a new constitution [text, PDF] into law Friday as part of a reform movement aimed at curbing vast presidential powers. Kenya's new constitution includes numerous checks on presidential authority [AP report], among which are the creation of a supreme court and senate. The constitution also requires reforms [Guardian report] to the nation's judiciary and land tenure system and improvements in civil rights and women's representation. The government is now expected to start implementing the new constitution, which could take as long as five years. This document has been received as one of...
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Posted: August 27th, 2010, 9:33am MSD
[JURIST] US District Judge Laurie Smith Camp ruled Wednesday that the Nebraska Supreme Court [official website] should be the first forum to address a city of Fremont ordinance [No 5165 text] banning the hiring, harboring or renting of property to illegal immigrants [JURIST news archive]. The order requests that the parties attempt to agree upon the language of a question [Fremont Tribune report] to be submitted to Nebraska's high court and advises that any remaining federal issues will be addressed following that court's decision. The controversial ordinance would require all employers in the city to register for the E-Verify program...
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Posted: August 27th, 2010, 8:16am MSD
[JURIST] Bosnia and Herzegovina's Presidency Chairman Zeljko Komsic [official website, in Croatian] announced Thursday that Spanish officials extradited [press release, in Croatian] accused Montenegrin war criminal Veselin Vlahovic to Sarajevo. Vlahovic, known as the "monster of Grbavica," is wanted on three international arrest warrants, including one for the rape, torture and murder of more than 100 women and children during the 1992-1995 Bosnian civil war [JURIST news archive]. He is expected to face genocide charges [Reuters report] before the country's war crimes court, established in 2005 to assist the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website]. Spanish...