Feeds
60454 items (60454 unread) in 19 feeds
US
(12038 unread)
-
LawyersUSA
-
LawLibrary
(1694 unread) -
This Day at Law (2082 unread)
-
-
Cyber-Law (32 unread)
DE
(35658 unread)
IT
(555 unread)
-
Professionisti
(115 unread)
-
Legali
(440 unread)
FR
(4345 unread)
-
Village de la Justice (4067 unread)
-
Jurisexpert (278 unread)
CZ
(952 unread)
-
Liberalni institut
(198 unread)
-
Legalizace (754 unread)
BG
(1357 unread)
-
Bulgaria Law News (1357 unread)
NL
(1823 unread)
-
RvdJ
(120 unread)
-
Rechtspraak
(1703 unread)
ID
(356 unread)
-
Hukum Indonesia (356 unread)
TR
(3370 unread)
-
Turkish Law
(55 unread)
-
HukukiNetLaw (3315 unread)
Jurist (50 unread)
-
Tunisia court upholds conviction of nephew of ex-president Ben Ali
Posted: June 27th, 2011, 6:47pm MSD
Tags: [edit]
[JURIST] A Tunisian appeals court on Saturday upheld the conviction of Imed Trabelsi, businessman and nephew of ousted former president Zine Al Abidine Ben Ali [BBC profile; JURIST news archive]. The 14th Criminal Chamber of the Tunis Court of Appeal sentenced Trabelsi to four years in prison [TAP report] and ordered him to pay a 3,000-dinar fine after being convicted on charges of possession and consumption of drugs. Trabelsi, who was arrested after Ben Ali fled the country to Saudi Arabia in January, appealed his conviction in May when he was initially sentenced to two years in prison and ordered... -
Cambodia genocide tribunal begins trial of former Khmer Rouge leaders
Posted: June 27th, 2011, 5:50pm MSD
Tags: [edit]
[JURIST] The Extraordinary Chambers in the Courts of Cambodia (ECCC) [official website; JURIST news archive] on Monday began the initial hearings [materials; agenda, PDF] in the trial of four former leaders of the communist Khmer Rouge regime [JURIST news archive; BBC backgrounder] of the 1970s. The four leaders include Nuon Chea, who was Pol Pot's second-in-command and the group's chief ideologist, former head of state Khieu Samphan, ex-foreign minister Ieng Sary, and his wife, Ieng Thirith [case profiles, PDF], who served as minister for social affairs. The four, each of whom is over 79 years old, are the first top... -
ICC issues arrest warrants for Libya leader Gaddafi, his son, head of intelligence
Posted: June 27th, 2011, 5:43pm MSD
Tags: [edit]
[JURIST] The International Criminal Court (ICC) [official website] Monday issued arrest warrants [decision, PDF] against Libyan leader Mummar Gaddafi [BBC profile; JURIST news archive] and two of his high-ranking officials. The Pre-Trial Chamber I [official website] issued warrants [press release] for Gaddafi, his son Saif al-Islam Gaddafi, the "de facto Prime Minister," and his brother-in-law Abdullah al-Sanussi [warrants, PDF], the head of intelligence, for alleged crimes against the people of Libya to quell the revolt that began last February. Based on the materials provided to the Chamber by the Prosecutor's office, the Chamber found reasonable grounds that between February 15... -
Israel threatens 10-year ban for journalists participating in Gaza aid flotilla
Posted: June 27th, 2011, 6:22am MSD
Tags: [edit]
[JURIST] Israel issued a warning to the international media on Sunday, threatening deportation and a 10-year ban from the country for any foreign journalist caught on board an aid flotilla headed for the Gaza Strip. The Israeli Government Press Office [official website] issued a letter to foreign journalists [AP report] reportedly calling the flotilla a dangerous provocation by extremists and an intentional violation of Israeli law. The letter warned that in addition to a ban from the country, participants in the flotilla may face equipment seizures and other sanctions. The aid flotilla will violate Israel's naval blockade and thus the... -
Federal judge issues injunction against Indiana abortion law
Posted: June 27th, 2011, 2:55am MSD
Tags: [edit]
[JURIST] The US District Court for the Southern District of Indiana [official website] on Friday granted a preliminary injunction [text, PDF] against a state law [HEA 1210, text] that would block Medicaid funding for Planned Parenthood of Indiana (PPIN) [official website] and other organizations providing abortion services. The decision handed down by Judge Tanya Walton Pratt [official profile] prevents application of the portion of the law that bans contracts between state agencies and any entity that performs abortions or maintains a facility where abortions are performed. This ban includes disbursement of grant money, including federal Medicare funds, a provision PPIN... -
Florida governor signs bill restricting access to abortions
Posted: June 27th, 2011, 1:06am MSD
Tags: [edit]
[JURIST] Florida Governor Rick Scott (R) [official website] on Friday signed into law [AP report] two bills that affect the procedures surrounding a woman's ability to receive an abortion [JURIST news archive] within the state. The first, HB 1127 [text, PDF], requires that an ultrasound be performed prior to an abortion and that the individual performing the procedure offer the woman the opportunity to view the live ultrasound images and hear an explanation of the images. The bill also provides that a woman has the right to decline to view the images but only after signing a form acknowledging that... -
Military court upholds war crimes conviction of Hamdan
Posted: June 26th, 2011, 11:04pm MSD
Tags: [edit]
[JURIST] An appeals panel for the US Court of Military Commission Review [official website] on Friday upheld the conviction [ruling, PDF] of former Osama Bin Laden [JURIST news archive] driver and Guantanamo Bay [JURIST news archive] detainee, Salim Ahmed Hamdan [DOD materials; JURIST news archive]. The panel, which decided to hear the appeal [JURIST report] in September, ultimately rejected [AP report] the defense's argument that Hamdan's charge of providing material support to terrorism is not a war crime capable of being prosecuted by a military tribunal, stating: It is not appellant's conduct in isolation that constitutes a law of war... -
Federal judge enjoins Indiana immigration law
Posted: June 26th, 2011, 12:00am MSD
Tags: [edit]
[JURIST] A judge for the US District Court Southern District of Indiana [official website] on Friday issued a preliminary injunction [text, PDF] against two provisions of a controversial Indiana immigration law [SEA 590 text]. The American Civil Liberties Union (ACLU) [advocacy website] filed a class action lawsuit [JURIST report] in May challenging the two provisions, one which authorized state and local police officers to make warrantless arrests of persons who have an immigration court removal order against them or who they have probable cause to believe have been indicted or convicted of aggravated felonies. The second challenged provision created a... -
Tunisia ratifies Rome Statute, joining ICC
Posted: June 25th, 2011, 11:00pm MSD
Tags: [edit]
[JURIST] Tunisia on Friday acceded [press release] to the Rome Statute [text] of the International Criminal Court (ICC) [official website], which is now set to become effective in the country on September 1, 2011. EU High Representative Catherine Ashton [official profile] commended the move, noting the positive effects that ratification will have [press release, PDF] on prosecuting war crimes. Amnesty International (AI) [advocacy website] offered similar praise [press release] and encouraged the country's regional neighbors in North Africa to follow suit. Ambassador Christian Wenaweser, Permanent Representative of Liechtenstein and President of the Assembly of States Parties to the Rome Statute... -
New York governor signs same-sex marriage legislation
Posted: June 25th, 2011, 9:00pm MSD
Tags: [edit]
[JURIST] New York Governor Andrew Cuomo (D) [official website] on Friday signed legislation [A8354-2011 materials] allowing same-sex couples to marry in the state. The New York State Senate [official website] had passed the Marriage Equality Act 33-29 earlier that day following weeks of negotiations. The act eliminates any legal distinctions between opposite-sex and same-sex marriages [JURIST news archive] and specifies that no clergy member will be forced to perform a marriage ceremony and that any refusing clergy member will not be subject to legal action. The New York State Assembly passed the bill [JURIST report] earlier in the month 80-63.... -
EU gives final approval to Croatia membership
Posted: June 25th, 2011, 7:00pm MSD
Tags: [edit]
[JURIST] The European Council [official website] on Friday agreed [meeting report, PDF] to grant Croatia [EC materials] EU membership following six years of accession negotiations. The decision calls for negotiations to close [press release] by the end of the month and the accession treaty to be signed by year's end, allowing for the country to become the 28th member of the EU on July 1, 2013. In the interim, EU leaders strongly encouraged Croatia to continue pursuing crucial reform initiatives. Announcing the development, Council president Herman Van Rompuy [BBC profile] remarked [press release]:[Croatia] has turned the fundamentals of the State... -
Conrad Black to return to prison for one year
Posted: June 25th, 2011, 12:16am MSD
Tags: [edit]
[JURIST] Media magnate Conrad Black [CBC profile; JURIST news archive] was ordered to return to prison by the US District Court for the Northern District of Illinois [official website] on Friday, to serve 13 more months of his 42 month sentence. Judge Amy St. Eve [official profile], his original sentencing judge, said that although she was impressed by Black's rehabilitative efforts in prison, the sentencing guidelines mandated he serve his full sentence. Black was released on bond [JURIST report] last July after a Supreme Court ruling [opinion, PDF, JURIST report] in Black v. United States [Cornell LII backgrounder] constricted the... -
UN applauds arrest of Guatemala genocide suspect
Posted: June 24th, 2011, 11:47pm MSD
Tags: [edit]
[JURIST] The UN on Friday announced its approval [press release] of the arrest of a former top Guatemalan military figure accused of genocide, war crimes and crimes against humanity. General Hector Mario Lopez Fuentes, former chief of staff of Guatemalan armed forces from 1982-1983, is accused of directing military attacks against citizens, namely indigenous Mayans. Villages were destroyed and women and girls were systematically raped under his authorization. Fuentes was arrested last week [BBC report] and charged for his involvement in Guatemala's 36-year civil war [GlobalSecurity backgrounder]. Margot Wallstrom, the Secretary-General's Special Representative on Sexual Violence in Conflict, applauded the... -
Apple sues Samsung for patent infringement in South Korea court
Posted: June 24th, 2011, 11:46pm MSD
Tags: [edit]
[JURIST] Apple filed suit Friday in the Seoul Central District Court claiming that the Samsung [corporate websites] "Galaxy" line of products copies its iPhone and iPad technology. This follows similar suits by Apple in the US and suits by Samsung [JURIST reports] filed in South Korea, Japan and Germany. It is rumored that these disputes will ultimately be settled through alternative dispute resolution [Reuters]. Apple has been embroiled in litigation marked by trading accusations of patent infringement with Nokia [corporate website] as well, which was recently resolved [JURIST report]. Nokia and Apple entered into an agreement [press release], settling all... -
House votes down authorization for Libya mission but continues to provide funding
Posted: June 24th, 2011, 11:18pm MSD
Tags: [edit]
[JURIST] The US House of Representatives [official website] in two votes Friday sent contradictory messages over authorization of US military operations in Libya. First, the House overwhelmingly voted down 123-295 [roll call vote] a resolution [HJ RES 68] that would have authorized further operations in Libya. Then hours later, it voted down 180-238 [roll call vote] a measure [HR 2278] that would have defunded the operations, save for rescue and intelligence efforts to assist NATO. Even if the House had passed the measure, it had little chance of passing [LAT report] the Democratically controlled Senate [official website], as Majority Leader... -
UN investigators to asses Yemen human rights situation
Posted: June 24th, 2011, 10:47pm MSD
Tags: [edit]
[JURIST] The UN Office of the High Commissioner for Human Rights (OHCHR) [official website] on Friday announced [text] that it plans to send a panel to investigate the human rights situation in Yemen [OHCHR backgrounder]. Three OHCHR experts will travel to Yemen next week [press release] for a 10-day stint to interview government officials, human rights defenders, victims of rights violations, members of the political opposition, religious leaders and other UN agencies about human rights abuses related to pro-democracy protests. The commission will compile recommendations for Yemeni officials and the international community and publish the report at the Human Rights... -
US House approves patent reform bill
Posted: June 24th, 2011, 10:43pm MSD
Tags: [edit]
[JURIST] The US House of Representatives [official website] voted 304-117 Friday in favor of the America Invents Act [HR 1249 materials], the largest potential reform to the US patent system since 1952. If the bill passes it would replace the current "first inventor to use" system with a "first inventor to file" system, making US patents more like the European and Japanese systems. In turn, it also changes the way other inventors can challenge a patent, including revising the appeals system. A similar bill [bill materials] passed the Senate in January. The America Invents Act now goes to reconciliation where... -
DOD names new chief prosecutor at Guantanamo
Posted: June 24th, 2011, 8:02pm MSD
Tags: [edit]
[JURIST] The US Department of Defense (DOD) [official website] Thursday announced [press release] the appointment of Army Brig. General Mark Martins [official profile] as the new chief war crimes prosecutor at Guantanamo Bay [JURIST news archives] as head of the Office of Military Commissions [official website]. Martins, who is currently serving in Afghanistan as the commander of the Rule of Law Field Force, is a graduate of Harvard Law and former Rhodes Scholar. He replaces Navy Capt. John Murphy, a Navy reservist, who is returning to his job as an assistant US Attorney in Louisiana. Martins is also one of... -
Rwanda genocide tribunal convicts 6, including first woman
Posted: June 24th, 2011, 7:44pm MSD
Tags: [edit]
[JURIST] The International Criminal Tribunal for Rwanda (ICTR) [official website] on Friday convicted and sentenced [judgment, PDF] six individuals, including the first female to be charged with genocide and crimes against humanity, in relation to the 1994 Rwandan genocide [HRW backgrounder; JURIST news archive]. The six were charged with conspiracy to commit genocide, genocide, complicity in genocide, crimes against humanity including extermination, murder, persecution and other inhumane acts. The court also charged Pauline Nyiramasuhuko, former Minister of Women's Development and first female genocide criminal, and her son Arsene Shalom Ntahobali with rape. The court determined that the systematic killing of... -
Ukraine ex-PM Tymoshenko goes on trial for abuse of power
Posted: June 24th, 2011, 7:42pm MSD
Tags: [edit]
[JURIST] Ukrainian opposition leader and former prime minister Yulia Tymoshenko [personal website; JURIST news archive] went on trial Friday in the Pechersky District Court on abuse of power charges. Thousands of protesters [Guardian report] surrounded the building, supporting Tymoshenko and screaming that the judge was a "puppet." Tymoshenko criticized the judiciary herself [press release] several times: "This is a real gang of criminals. Some people wear prosecutor's uniforms, while others sit in black gowns. I appeal to you, slaves in gowns—remember that you are a court." The defense also filed motions to permit access to the press, to have a... -
Federal judge denies release of Taliban Guantanamo detainee
Posted: June 24th, 2011, 6:33pm MSD
Tags: [edit]
[JURIST] A judge for the US District Court for the District of Columbia on Thursday ruled [opinion, PDF] against the release of a former high-ranking Taliban [CFR backgrounder] official at Guantanamo Bay [JURIST news archive] despite a request from Afghanistan's Peace Council to release the prisoner. Judge Ricardo Urbina [official profile] denied a petition for writ of habeas corpus initiated by Khairullah Khairkhwa, a Taliban government media spokesman, governor and Cabinet minister. While the government contends that Khairkhwa provided material support to the Taliban, the detainee maintains he was merely a civilian administrator and did not participate in military operations.... -
US lawmakers introduce bipartisan bill to legalize marijuana
Posted: June 24th, 2011, 6:13pm MSD
Tags: [edit]
[JURIST] Two members of the US House of Representatives [official website] introduced a bill [HR 2306 text, PDF] Thursday to legalize marijuana nationally and leave regulation to the states. Representatives Barney Frank (D-MA) and Ron Paul (R-TX) [official websites] wrote the Ending Federal Marijuana Prohibition Act of 2011 to amend the Controlled Substances Act [text], removing marijuana, hemp and cannabis from the schedule. Currently, marijuana is a Schedule 1 drug, which the government believes has a high potential for abuse, no medical merit and is unsafe to use with medical supervision. If the bill passes, like alcohol and tobacco, states... -
Maryland court recognizes spousal privilege for same-sex married couple
Posted: June 24th, 2011, 5:55pm MSD
Tags: [edit]
[JURIST] A Maryland court ruled Thursday that the spousal privilege preventing spouses from being compelled to testify against one another applies to a lesbian couple married in Washington DC, recognizing the rights of same-sex married [JURIST news archive] couples though Maryland does not allow the practice. Judge Donald Beachley of the Maryland Washington County Circuit Court [official website] ruled that the spouse of a same-sex married couple was privileged [Herald-Mail report] from testifying against her spouse in a criminal domestic violence case. Maryland does not allow same-sex marriages, but the couple was married in Washington DC, where such marriages are... -
UN SG condemns Bahrain for activist sentences
Posted: June 24th, 2011, 5:51pm MSD
Tags: [edit]
[JURIST] UN Secretary-General Ban Ki-Moon [official website] on Thursday condemned [press release] a Bahraini court for sentencing 21 human rights advocates, political activists and opposition leaders to harsh punishments. The court sentenced the protestors [profiles, PDF] to lengthy prison sentences, including life terms. Ban urged Bahraini authorities to comply with international human rights obligations such as ensuring the right to due process and a fair trial and permitting the defendants to appeal their sentences. A spokesperson for the secretary-general relayed Ban's sentiments [text] about how Bahraini authorities should proceed:The Secretary-General hopes that the Bahraini authorities will do everything possible to... -
Ninth Circuit allows corruption trial of Arizona ex-congressman
Posted: June 24th, 2011, 12:45am MSD
Tags: [edit]
[JURIST] The US Court of Appeals for the Ninth Circuit [official website] on Thursday rejected [opinion, PDF] former US representative Richard Renzi's (R-AZ) appeal to have an extortion case against him dismissed. Renzi is under indictment for allegedly using his political office to profit from a real estate deal in 2005. He argued that negotiations regarding the deal, entered as evidence to a grand jury, were privileged "legislative acts" under the Speech or Debate Clause of Article I [text] of the US Constitution and therefore the evidence must be excluded and the case dismissed. The Ninth Circuit did not agree:... -
Congo court sentences 4 to death for rights activist murder
Posted: June 23rd, 2011, 11:49pm MSD
Tags: [edit]
[JURIST] A military court in the Democratic Republic of the Congo (DRC) [BBC backgrounder] on Thursday sentenced four policemen to death for killing prominent human rights activist Floribert Chebeya last year. Cherbeya, a member of the activist group Voice of the Voiceless, was found dead in his own car [BBC report] in June 2010. Eight men, all DRC policemen, were accused of being involved in the murder and were subsequently arrested. The trial for five of the men began in November [JURIST report], while three remained at large. The court sentenced [BBC report] one of the eight to life in... -
ICC to decide whether to issue Gaddafi arrest warrant
Posted: June 23rd, 2011, 10:51pm MSD
Tags: [edit]
[JURIST] The International Criminal Court (ICC) [official website] said Thursday it will decide [press release] whether it will issue arrest warrants for Libyan leader Mummar Gaddafi [BBC profile; JURIST news archive] and two high-ranking officials on allegations of war crimes. The Pre-Trial chamber will deliver is decision on the application for warrants against Gaddafi, his son Saif al-Islam, and his brother-in-law Abdullah al-Sanussi in a public hearing Monday in The Hague. Chief Prosecutor Luis Moreno-Ocampo [official websites] said his office has gathered "direct evidence" [CNN report] that the men committed crimes against humanity in connection with efforts to quell the... -
Denmark court extends sentence of Muhammad cartoonist attacker
Posted: June 23rd, 2011, 10:50pm MSD
Tags: [edit]
[JURIST] A Danish court on Wednesday sentenced Somali Islamist Muhideen Mohammed Geele to an additional year in prison [Stiftstidende Reuters, in Danish] for his 2010 attack on Kurt Westergaard, illustrator of the controversial 2005 cartoon depicting the Prophet Muhammad [BBC backgrounder; JURIST news archive] as a suicide bomber. Geele had already been sentenced to nine years in prison [JURIST report] for the attack. In Denmark, crimes involving an additional infliction of terror typically attach a 12-year sentence, but the court lowered Geele's sentence to 10 years because he had attacked one individual rather than a group of civilians. Geele was... -
ICC prosecutor requests permission to investigate Ivory Coast violence
Posted: June 23rd, 2011, 10:29pm MSD
Tags: [edit]
[JURIST] International Criminal Court (ICC) [official website] Chief Prosecutor Luis Moreno-Ocampo [official profile] officially requested permission from ICC judges Thursday to begin investigation into the Ivory Coast after determining that war crimes and crimes against humanity have been committed in post-election violence [BBC backgrounder; JURIST news archive] since last November. Moreno-Ocampo said that thousands have been killed [ICC press release] and hundreds detained and raped in the months-long struggle between ousted leader Laurent Gbagbo [BBC profile] and rival President Alassane Ouattara [BBC profile] after Gbagbo refused to give up power. If Moreno-Ocampo is allowed to investigate, this would be his... -
Supreme Court rules guilty plea sentence may be reduced if guidelines change
Posted: June 23rd, 2011, 10:10pm MSD
Tags: [edit]
[JURIST] The US Supreme Court [official website; JURIST news archive] on Monday ruled [opinion, PDF] unanimously in Goodyear v. Brown [Cornell LII backgrounder; JURIST report] that foreign subsidiaries of the American corporation Goodyear Tire and Rubber Company [corporate website] are subject to neither specific nor general personal jurisdiction in North Carolina. Two North Carolina teenagers were killed in a bus accident in France when a tire manufactured in Turkey malfunctioned. The boys' parents initiated a wrongful death lawsuit against Goodyear and the petitioners, three Goodyear subsidiaries, organized and operated in Luxembourg, Turkey and France. The North Carolina Court of Appeals... -
Supreme Court rules drug privacy law violates free speech
Posted: June 23rd, 2011, 9:52pm MSD
Tags: [edit]
[JURIST] The US Supreme Court [official website] on Thursday voted 6-3 to affirm [opinion, PDF] the lower court in Sorrell v. IMS Health [Cornell LII backgrounder; JURIST report], finding Vermont's Prescription Confidentiality Law [text] a violation of freedom of speech under the First Amendment [text]. The law attempted to stifle the common practice of drug manufacturers gathering prescription records from pharmacies and using them to target advertisements to doctors. The pharmacies release the information freely and publicly, although any identifying information for patients is redacted. The Vermont law made it illegal for pharmacies to do this without the patient's consent.... -
Supreme Court holds federal law preempts in generic drug cases
Posted: June 23rd, 2011, 9:00pm MSD
Tags: [edit]
[JURIST] The US Supreme Court [official website] on Thursday voted 5-4 to reverse [opinion, PDF] the lower court in PLIVA, Inc. v. Mensing [Cornell LII backgrounder; JURIST report], holding that since generic drugs and their warnings are managed by the Food and Drug Administration (FDA) [official website], their federal regulations on warning labels preempt state law on warning labels. Justice Clarence Thomas delivered the opinion of the court, except for Part III-B-2, which only Chief Justice John Roberts, Justice Samuel Alito and Justice Antonin Scalia join. The court found impossibility in meeting both the state's higher standard and the FDA's... -
Supreme Court rules in Confrontation Clause case
Posted: June 23rd, 2011, 8:29pm MSD
Tags: [edit]
[JURIST] The US Supreme Court [official website; JURIST news archive] on Thursday ruled [opinion, PDF] 5-4 in Bullcoming v. New Mexico that the Confrontation Clause [Cornell LII backgrounders] does not allow laboratory reports containing testimonial certification to be entered into evidence against a defendant without the testimony of the analyst who personally observed the test and certified the report. Donald Bullcoming was arrested for Driving While Intoxicated (DWI). A forensic laboratory report of a machine-generated blood test showed his blood alcohol content (BAC) was above the legal limit. The court reversed the Supreme Court of New Mexico [official website] which... -
Supreme Court rules on employer liability claims
Posted: June 23rd, 2011, 8:18pm MSD
Tags: [edit]
[JURIST] The US Supreme Court [official website; JURIST news archive] on Thursday ruled [opinion, PDF] 5-4 in CSX Transportation v. McBride [Cornell LII backgrounder; JURIST report] that a Federal Employers' Liability Act (FELA) [text] railroad negligence claim does not require proof of proximate cause. Respondent Robert McBride worked as a railroad engineer for petitioner CSX Transportation [corporate website]. McBride initiated a FELA claim, alleging that CSX negligently required him to use unsafe switching equipment and failed to train him to operate that equipment, both of which, he claims, led to a debilitating hand injury he sustained while on the job.... -
Rights groups welcome verdict but criticize trial of Tunisia ex-president Ben Ali
Posted: June 23rd, 2011, 8:14pm MSD
Tags: [edit]
[JURIST] Three human rights groups released a joint statement [text, in French] Wednesday in support of the sentencing of former Tunisian president Zine Al Abidine Ben Ali [BBC profile; JURIST news archive] but also criticizing his trial as unfair. The International Federation of Human Rights [advocacy website], the Tunisian League of Human Rights and the National Council for Freedoms in Tunisia expressed approval [AFP report] of the 35-year jail sentences and $65.6 million fine handed down earlier this week [JURIST report] but also criticized the trial proceedings for not including Ben Ali and his wife, who are currently in exile... -
Supreme Court narrows bankruptcy judge jurisdiction
Posted: June 23rd, 2011, 8:03pm MSD
Tags: [edit]
[JURIST] The US Supreme Court [official website] on Thursday voted 5-4 to affirm [opinion, PDF] the lower court in Stern v. Marshall [Cornell LII backgrounder; JURIST report], agreeing that the bankruptcy court did not have jurisdiction in this instance. The opinion, delivered by Chief Justice John Roberts, explained that the bankruptcy court judge has a limited role beyond bankruptcy's core proceedings, even as defined in 28 USC § 157(b)(2)(C) [text], and found the core proceeding listed in this case unconstitutional. Although one of the core proceedings is counterclaims, and the court found there was a statutory basis for the decision,... -
New Hampshire legislature overrides governor's veto of abortion notification bill
Posted: June 23rd, 2011, 7:07pm MSD
Tags: [edit]
[JURIST] The New Hampshire legislature voted Wednesday to override the governor's veto and approve legislation [HB 0329 text] requiring healthcare providers to notify parents or a judge 48 hours before performing an abortion [JURIST news archive] on a minor. Governor John Lynch [official website] vetoed the bill last week [press release], but it was passed [AP report] by a vote of 266-102 in the House of Representatives and 17-7 in the Senate [official websites]. While the bill includes an exception in the case of a "medical emergency," Lynch said he was "troubled by the lack of an exception for the... -
Controversial Afghan court overturns parliamentary election results for fraud
Posted: June 23rd, 2011, 6:47pm MSD
Tags: [edit]
[JURIST] A special court in Afghanistan on Thursday overturned the election results of nearly 25 percent of the assembly seats due to poll fraud in last September's parliamentary elections [IEC backgrounder]. Head of the special court Sediqullah Haqiq announced the ruling [Reuters report] that 62 out of the 249 legislators in the Wolesi Jirga [official website] elected last year have to vacate their seats and be replaced, sending the government into turmoil just as the US announced a major troop withdrawal. Afghan President Hamid Karzai [official profile, JURIST news archive] set up the special court by decree, which critics claim... -
Ontario appeals court stays medical marijuana possession ruling
Posted: June 23rd, 2011, 6:44pm MSD
Tags: [edit]
[JURIST] A judge for the Court of Appeal for Ontario stayed an April 11 ruling [text] that the country's marijuana laws are unconstitutional. Justice David Taliano of Ontario's Superior Court of Justice [official website] invalidated [JURIST report] the Marihuana Medical Access Regulations (MMAR) [text] in April, finding that the program's mechanisms for licensing patients to access medical marijuana [JURIST news archive] are insufficient. These inadequate licensing procedures led Taliano to strike down portions of the Controlled Drugs and Substances Act [text] that criminalize marijuana growth and possession. The Crown appealed [Montreal Gazette report] the Superior Court decision and the appeals... -
Dutch court acquits politician in hate speech case
Posted: June 23rd, 2011, 6:30pm MSD
Tags: [edit]
[JURIST] Dutch politician Geert Wilders [personal website; JURIST news archive] was acquitted of all charges [judgment text, in Dutch] on Thursday, the court finding his anti-Islam statements were not hate speech or discriminatory. Wilders has made several "anti-Islam" comments as a political official, including: several comments similar to "I don't hate Muslims, I hate Islam"; comparing the Koran to Mein Campf and calling for it to be banned; proposing a tax on wearing a hijab, or burqa; proposing a halt to Muslim immigration to the Netherlands; and creating the film Fitna [IMDB backgrounder], where terrorist attack images are juxtaposed with... -
Turkish military officials arrested in coup investigation
Posted: June 23rd, 2011, 6:10pm MSD
Tags: [edit]
[JURIST] Turkish authorities on Wednesday arrested two military officials alleged to have been involved in the Balyoz Security Operation Plan ("Sledgehammer" plot) [Taraf report, in Turkish; JURIST news archive], a military plot to overthrow the Islamic-rooted government. Lieutenant General Ziya Guler and officer Bulent Akalin were arrested after appearing in court [UPI report] to testify about documents related to the coup that were discovered last year. The Taraf [media website] newspaper revealed last year that the plot included plans to bomb Istanbul mosques and provoke Greece into shooting down a Turkish plane in order to undermine the government. The alleged... -
Third Circuit hears arguments in health care law challenge
Posted: June 23rd, 2011, 6:00pm MSD
Tags: [edit]
[JURIST] A three-judge panel of the US Court of Appeals for the Third Circuit [official website] heard arguments on Wednesday regarding the constitutionality of the new Patient Protection and Affordable Care Act (PPACA) [HR 3590 text; JURIST news archive], specifically the individual mandate provision that penalizes all citizens who fail to purchase health insurance. New Jersey Physicians, Inc. [advocacy website], a nonprofit physician organization, filed the complaint [text, PDF] last year, arguing that PPACA goes beyond Congress's enumerated powers in the US Constitution by penalizing individuals who choose not to buy health insurance and preventing doctors from receiving payments directly... -
Federal judge rules Florida death sentence policy unconstitutional
Posted: June 23rd, 2011, 4:48pm MSD
Tags: [edit]
[JURIST] A judge for the US District Court for the Southern District of Florida [official website] ruled [opinion, PDF] Wednesday that Florida's procedure for imposing the death penalty is unconstitutional. Florida's death penalty statute [Fla Stat Ann § 921.141 text] provides that the jury in a capital case is to make an "advisory sentence" to the court based on whether certain aggravating factors exist that would warrant a sentence of either life imprisonment or death. These aggravating factors include whether the offense was for pecuniary gain, especially heinous or cruel, or whether the homicide was cold, calculated, and premeditated. The... -
Netherlands passes net neutrality law
Posted: June 22nd, 2011, 11:25pm MSD
Tags: [edit]
[JURIST] Dutch lawmakers on Wednesday passed a network neutrality [JURIST news archive] law, which prohibits mobile operators from blocking or charging consumers fees for using Internet-based communication services. The law, passed by the Dutch Parliament's lower house, the Tweede Kamer [official website, in Dutch], will prevent operators including KPN, Vodafone and T-Mobile [corporate websites] from imposing extra fees for free services like Skype. The Netherlands is the second country to enact a network neutrality law [NYT report]. Consumer advocates praised the legislation, comparing network neutrality to freedom of speech and press, and indicating that the law sets a positive precedent... -
ICC prosecutor to seek investigation into Ivory Coast
Posted: June 22nd, 2011, 10:57pm MSD
Tags: [edit]
[JURIST] The International Criminal Court (ICC) [official website] Chief Prosecutor Luis Moreno-Ocampo [official profile] said Wednesday that he will seek an investigation [statement] into the Ivory Coast [BBC backgrounder; JURIST news archive] on Thursday. Last week, Ocampo issued a public notice [text] for victims of violence in the Ivory Coast to give statements and advise if the ICC should proceed with a formal investigation, although in May he said he had submitted a request [JURIST reports]. Last month, President Alassane Ouattara [BBC profile] asked the ICC to launch an investigation [JURIST report] into alleged crimes committed as a result of... -
South Carolina lawmakers approve Arizona-style immigration legislation
Posted: June 22nd, 2011, 9:34pm MSD
Tags: [edit]
[JURIST] The South Carolina House of Representatives [official website] voted [voting history] 69-43 on Tuesday to enact legislation aimed at reforming the state's immigration laws. The immigration reform bill [SB 20 text] allows police officers to check a suspect's immigration status during a lawful stop, seizure, detention, or arrest, and mandates businesses to participate in the E-Verify [official website] system, which confirms a person's employment eligibility. The American Civil Liberties Union (ACLU) and the National Immigration Law Center (NILC) [advocacy websites], along with other civil rights groups announced they will file a lawsuit [press release] challenging the South Carolina immigration... -
Ukraine ex-PM Tymoshenko files complaint with Europe rights court
Posted: June 22nd, 2011, 9:12pm MSD
Tags: [edit]
[JURIST] Ukrainian opposition leader and former prime minister Yulia Tymoshenko [personal website; JURIST news archive] filed a complaint [press release] with the European Court of Human Rights (ECHR) [official website] on Tuesday, alleging violations of the European Convention of Human Rights [text, PDF]. The complaint argues that the charges against Tymoshenko are politically engineered by current Ukrainian President Viktor Yanukovych [official website, in Ukrainian], Tymoshenko's political rival. In presenting the complaint, her lawyer, Sergey Vlasenko, said:We ask to recognise that in the process of opening a criminal case against Ms Tymoshenko, during the investigation of criminal charges there has been... -
Federal appeals court upholds dismissal of Rumsfeld torture suit
Posted: June 22nd, 2011, 8:16pm MSD
Tags: [edit]
[JURIST] The US Court of Appeals for the District of Columbia Circuit [official website] Tuesday upheld the dismissal [opinion, PDF] of a torture suit against former US Secretary of Defense Donald Rumsfeld [ABC news backgrounder; JURIST news archive] brought by four Afghan and five Iraqi citizens alleging they were illegally detained and tortured. The plaintiffs sued in 2005 [JURIST report] claiming Rumsfeld and three other high-ranking military officers were directly responsible for violations of the Fifth and Eighth Amendments [text] and the Alien Torture Statute (ATS) [28 USC § 1350] for authorizing their illegal detention and torture by US authorities... -
UN criticizes Sudan for human rights abuses
Posted: June 22nd, 2011, 8:11pm MSD
Tags: [edit]
[JURIST] A UN official on Tuesday denounced continued human rights abuses [statement] against civilians in the South Kordofan region of the Sudan [BBC backgrounder]. The UN Under-Secretary-General for Humanitarian Affairs [official website] and Emergency Relief Coordinator Valerie Amos [official profile] said that the UN knows of more than 70,000 people who have been displaced by the conflict, many of whom are subject to violence and targeting due to their ethnic heritage.I am also concerned that the overall security situation in Sudan is deteriorating at an alarming rate, with severe humanitarian consequences. Civilians are increasingly bearing the brunt of the volatile... -
Australia introduces cybercrime legislation, seeks to join international treaty
Posted: June 22nd, 2011, 7:34pm MSD
Tags: [edit]
[JURIST] The Australian Government [official website] on Wednesday introduced legislation [press release] aimed at reinforcing current cybercrime laws and improving Australia's international cybercrime security. Australian Attorney General Robert McClelland and Minister for Home Affairs and Justice Brendan O'Connor [official websites] announced that the Cybercrime Legislation Amendment Bill of 2011 aims to provide Australian agencies with better access to international Internet information collections, facilitate cybercrime investigations and align current cybercrime offenses with those punishable by an international cybercrime treaty. If the laws are approved by parliament, the country will be poised to make its accession to the Council of Europe (COE)...