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Posted: February 5th, 2012, 8:00am MSK
On February 5, 2011, the US and Russia formally inaugurated the New START [PDF], which is an agreement intended to reduce the nuclear arms stockpile in both countries. US Secretary of State Hillary Clinton and Russian Foreign Minister Sergei Lavrov exchanged documents in Munich that finalized two years of negotiations and marked the entering into force of the treaty. Russian President Dmitri Medvedev signed a bill ratifying the treaty in January 2011 and US President Barack Obama signed ratification documents for the treaty shortly before the treaty entered into force in February 2011. Barack Obama and Dmitri Medvedev at the New START signing in April 2010 Learn more about the
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Posted: February 5th, 2012, 8:00am MSK
On February 5, 2010, the German Federal Court of Justice ruled that police in Germany were not permitted to secretly access computer and Internet data stored on criminal suspects' computers without proper authorization. The Court held that police hacking is illegal because no legal framework currently exists to legitimize the activity. The practice was reportedly used by German police to investigate alleged sex offenders and their viewing of Internet child pornography. The issues of hacking and privacy have been of particular concern in Europe in light of the UK phone hacking scandal in July 2011 and subsequent investigations by UK Lord Justice Brian Leveson. Flag of Germany Learn more about
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Posted: February 4th, 2012, 8:00am MSK
On February 4, 2010, Haitian authorities charged ten US citizens with kidnapping 33 Hatian children. In January 2010, they were arrested while attempting to transport the children across the Haitian border into the Dominican Republic. The Americans were associated with the Idaho-based group, New Life Children's Refuge (NLCR). Many of the children were not orphans, but given up by their parents to the missionaries in the aftermath of the Haitian earthquake, although group leader Laura Silsby denied charges that the missionaries intended to put the children up for adoption. Each of the ten Americans were charged with one count of kidnapping and one count of criminal association. The kidnapping charges
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Posted: February 4th, 2012, 8:00am MSK
On February 4, 2011, a Danish court sentenced Muhideen Mohammed Geelle to nine years in prison for his 2010 attack on Kurt Westergaard, illustrator of the controversial 2005 cartoon depicting the Prophet Muhammad as a suicide bomber. Geelle was armed with an axe and knife when he broke into Westergaard's home in January 2010 in an ostensible assassination attempt. Police shot Geelle and took him into custody after he attacked the officers. In February 2006, Denmark was the target of protests in many Muslim countries after the Danish newspaper Jylklands-Posten published Westergaard's cartoon. Subsequent reprinting of the cartoon and others like it has also sparked additional outrage from Muslim communities.
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Posted: February 3rd, 2012, 8:00am MSK
On February 3, 2011, Judge Keith Starrett of the US District Court for the Southern District of Mississippi dismissed a lawsuit challenging the constitutionality of the Patient Protection and Affordable Care Act's (PPACA). Mississippi Lt. Governor Phil Bryant and 10 other residents filed a complaint against the law, challenging the "individual mandate" portion of the law which would force US citizens to purchase health insurance or face tax penalties. Their claim was dismissed for lack of standing under Article III of the US Constitution because it was not sufficiently imminent. The defendants were also successful in arguing that the alleged injury was too remote. In September 2011, Judge Starrett allowed
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Posted: February 3rd, 2012, 8:00am MSK
On February 3, 2011 the Independent Inquiry Committee (IIC) released a report investigating the UN Oil-for-Food program. The program began to exchange Iraqi oil for food and medicine in 1996, despite international sanctions prohibiting such trading. The report concluded that the program's head, Benon Sevan, solicited improper oil deals and "seriously undermined" the integrity of the UN. Then UN Secretary General Kofi Annan formally suspended Sevan on February 7, 2005. In August 2005 a more detailed report prompted Sevan to also resign his honorary UN position. The August 2005 report accused Sevan of accepting almost $150,000 in bribes through the program. Ahead of the 2003 US invasion of Iraq, the
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Posted: February 2nd, 2012, 8:00am MSK
On February 2, 2011, Texas Governor Rick Perry signed an executive order requiring all sixth grade girls in the state to be vaccinated against the human papillomavirus virus (HPV) a sexually transmitted disease that causes cervical cancer. The order was the first of its kind in the US, although Virginia had previously mandated voluntary HPV vaccincation through the state legislature in March 2007. Governor Perry cited "an incredible opportunity to effectively target and prevent cervical cancer" in support of taking the issue out of the Texas legislature's control, where it faced strong opposition. Texas legislators questioned the legality of Perry's order and quickly repealed it with overwhelming support. Similar
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Posted: February 2nd, 2012, 8:00am MSK
On February 2, 2011, Human Rights Watch (HRW) called for an end to police attacks and an investigation into the deaths of protesters in Tunisia. The UN previously reported at least 219 people had died in the protests that resulted in the resignation and flight of former president Zine Al Abidine Ben Ali. The calls for investigation from HRW dovetailed with UN Secretary-General Ban Ki-Moon's urging that all sides of the conflict cooperate to reestablish rule of law. The transitional government has since charged and tried Ben Ali in absentia for protester abuse. The country also joined the International Criminal Court (ICC) in June 2011. Flag of Tunisia Learn more
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Posted: February 1st, 2012, 8:00am MSK
On February 1, 2007, the state of Montana filed a lawsuit against the state of Wyoming in the US Supreme Court, claiming that Wyoming had violated the Yellowstone River Compact, which allocates water rights between the two states and North Dakota. In the lawsuit, Montana alleged that Wyoming had taken more than its share of water through improved irrigation methods and water storage facilities. The Court, which has original jurisdiction over lawsuits "in which a state shall be a party" under Article III of the US Constitution, appointed a special master to conduct fact-finding in October 2008 and ruled in favor of Wyoming in May 2011. Learn more about Montana,
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Posted: February 1st, 2012, 8:00am MSK
On February 1, 2011, a judge for the Lahore High Court in Pakistan ordered that US consulate worker Raymond Davis be held in custody for the murder of two men in Pakistan. The order came over US objections that Davis enjoyed diplomatic immunity. Davis and US embassy officials claimed that Davis shot and killed the victims in self-defense after the men attempted to carjack Davis's vehicle. Davis was later acquitted of the charges after reportedly reaching a $2.35 million "blood money" settlement with the victims' families. Pakistani coat of arms Learn more about Pakistan and the laws governing diplomatic immunity from the JURIST news archive. Also on This Day at
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Posted: January 29th, 2012, 8:00am MSK
On January 29, 2008, the US House of Representatives voted to extend the Protect America Act of 2007 for an additional two weeks past its original February 1, 2008 expiration date. The extension was a compromise to give the US Senate time to craft a provision granting civil immunity to telecommunications companies that cooperate with government surveillance efforts through the Foreign Intelligence Surveillance Act (FISA). The immunity grant was in response to more than 40 lawsuits filed against domestic telecommunications companies that participated in the NSA warrantless surveillance program. Although the Senate ultimately approved retroactive immunity for telecommunications companies in July 2008, both the American Civil Liberties Union (ACLU) and
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Posted: January 29th, 2012, 8:00am MSK
On January 29, 2011, Belarus released seven people, including a presidential candidate, who were detained in December 2010 following protests over the country's presidential election. The releases were made amid speculation that the European Union (EU) would impose another travel ban on Belarusian President Alexander Lukashenko. Despite the release, Belarus' Minsk City Court handed down sentences to presidential candidates Andrey Sannikau, Uladzimer Nyaklyaeu and Vital Rymasheuski for inciting riots in May 2011. Lukashenko also faced accusations of violating the country's laws and constitution following his election in 2006. Flag of Belarus Learn more about Belarus and Alexander Lukashenko from the JURIST news archive. Also on This Day at Law: Illinois
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Posted: January 28th, 2012, 8:00am MSK
On January 28, 2010, the US Court of Appeals for the Ninth Circuit denied the government's request to put all appeals related to Log Cabin Republicans v. US on hold. That case challenged the military's controversial "Don't Ask, Don't Tell" (DADT) policy. In July 2011, the Ninth Circuit lifted a previously granted stay and ordered the immediate end to enforcement of DADT, despite objections from the Obama administration. US President Barack Obama had signed the official repeal of DADT in December 2010 and wanted to avoid legal complications related to the suspension of the law's enforcement. The Ninth Circuit ended the Log Cabin Republicans' legal challenge of the law when
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Posted: January 28th, 2012, 8:00am MSK
On January 28, 2011, Russian President Dmitri Medvedev signed into law a bill that ratifies the New START treaty, an international agreement between Russia and the US to reduce nuclear arms in both countries. The bill was unanimously approved by the Russian Parliament's upper house. New START calls for each country to reduce their nuclear arsenal by 30 percent each country will be allowed 1,550 warheads as opposed to the 2,200 allowed under the old Strategic Arms Reduction Treaty that was set to expire in December 2012. The treaty was approved by the US Senate on December 22, 2010, by a vote of 71-26, and was ratified by US
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Posted: January 27th, 2012, 8:00am MSK
On January 27, 2011, the Arizona House of Representatives and Senate introduced bills challenging the right to US citizenship for the children of legal and illegal immigrants born in the state. By introducing revisions to Title 36, Chapter 3 of the Arizona Revised Statutes, the legislature sought a review of the US Constitution's Fourteenth Amendment guarantee of citizenship to, "all persons born or naturalized in the United States, and subject to the jurisdiction thereof." Because the bills have yet to be voted on, public attention has shifted to Arizona's SB 1070, which would allow law enforcement officers to check the immigration status of anyone they detain and requires immigrants to
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Posted: January 27th, 2012, 8:00am MSK
On January 27, 2011, more than 1,000 Egyptian protesters were detained as demonstrations against the 30-year reign of President Hosni Mubarak in Cairo and Suez intensified. The violent and widespread protests in Egypt eventually resulted in Mubarak's resignation on February 11, 2011. Following his resignation, Mubarak faced allegations of abuse of power and culpability in the deaths of protestors. He pled not guilty to the charges in August 2011, including murder and attempted murder. Prosecutors in the trial are currently seeking the death penalty. The unrest in Egypt and other Arab nations, popularly referred to as the Arab Spring, has been attributed to civil unrest in Tunisia that toppled the
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Posted: January 26th, 2012, 8:00am MSK
On January 26, 2010, the US Department of Transportation (DOT) announced a federal ban on texting while driving for all commercial truck and bus drivers. The regulation, promulgated by the Federal Motor Carrier Safety Administration (FMCSA), added to several state laws outlawing texting while driving and an executive order issued by President Obama in October 2009 that prohibits the practice for federal employees and government contractors. Some studies indicate that the distraction which results from texting while driving is more dangerous than driving under the influence of intoxicants. Learn more about legal issues surrounding cell phones from the JURIST news archive.
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Posted: January 26th, 2012, 8:00am MSK
On January 26, 2011, Tunisian Justice Minister Lazhar Karoui Chebbi announced that the country had issued an international arrest warrant for ousted president Zine Al Abidine Ben Ali. Ben Ali fled Tunisia following widespread protests to his rule that began in December 2010. Violent reprisals against the protestors only fueled the unrest, which eventually spread to other Arab countries in a movement popularly known as the Arab Spring. Similar uprisings eventually led to the fall of regimes in Egypt and Libya. Flag of Tunisia Learn more about Tunisia from the JURIST news archive, and read commentary on the Middle East protest movements from JURIST Guest Columnist Dr. Jonathan Schanzer in
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Posted: January 25th, 2012, 8:00am MSK
On January 25, 2010, a judge for the US District Court for the Southern District of New York sentenced Ahmed Khalfan Ghailani, a former Guantanamo Bay detainee, to life in prison for his role in the 1998 bombings of US embassies in Tanzania and Kenya. Judge Lewis Kaplan had previously issued a ruling [PDF] denying a request to overturn Ghailani's conviction on the basis that it was inconsistent with his acquittal on 284 other charges. JURIST Guest Columnists Lawrence Friedman and Victor Hansen praised the conviction and subsequent sentence as a victory for the criminal justice system. Read comprehensive coverage of the legal controversies surrounding Guantanamo Bay in Features.
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Posted: January 25th, 2012, 8:00am MSK
On January 25, 2006, Palestinian Authority Prime Minister Ahmed Qurei resigned after the militant Hamas movement won a majority of parliamentary seats in the Authority's Palestinian Legislative Council elections. Hamas, which is listed as a terrorist organization by the US State Department, has established military courts and faced allegations of torture since ascending to political superiority. The militant group has also faced resistance inside of the Palestinian Authority. In the aftermath of the elections, JURIST Guest Columnist Anthony D'Amato criticized the actions of both Hamas and Israel in the three-week conflict known as the Gaza War in 2008-2009. Palestinian Authority coat of arms Learn more about the Palestinian Authority and
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Posted: January 22nd, 2012, 8:00am MSK
On January 22, 2009, US President Barack Obama issued an executive order [PDF] directing that the Guantanamo Bay detention facilities be closed "as soon as practicable" and setting a deadline of January 22, 2010. The administration also undertook a review of the military commission process used to prosecute Guantanamo Bay detainees. However, the Obama administration sought to expedite the closure of the facilities by pursuing federal charges against detainees. Attorney General Eric Holder announced in October 2009 that congressional opposition and administrative setbacks could lead to the administration missing its self-imposed deadline. Ultimately, the Guantanamo Bay detention center was not closed by January 22, 2010 and remains open as of
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Posted: January 22nd, 2012, 8:00am MSK
On January 22, 2011, a commanding percentage of voters in Southern Sudan's Independence Referendum voted in favor of secession an electoral action which proposed splitting Southern Sudan from the North. The vote followed a December 2009 agreement between the ruling National Congress Party (NCP) and the Sudan People's Liberation Movement (SPLM). A total of 98.83 percent of approximately 3.8 million southern Sudanese voters supported the measure, which far exceeded the minimum requirements of 60 percent voter turnout and 51 percent in favor required for the referendum vote to have legal effect. Sudanese President Omar al-Bashir accepted the result of the referendum in February 2011. The Republic of South Sudan
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Posted: January 21st, 2012, 8:00am MSK
On January 21, 2009, US President Barack Obama issued the first executive orders of his presidency. The first, Executive Order 13489 [PDF], focused on White House transparency and reversed restrictions implemented by former President George W. Bush, by granting broader public access to previous presidential administrations records. The second, Executive Order 13490 [PDF], instituted an Ethics Pledge which banned most executive personnel from accepting gifts from lobbyists. The order also implemented "revolving door bans" to restrict personnel movement between related public and private sector jobs within certain time frames. Obama also issued a memorandum calling for new Freedom of Information Act (FOIA) agency guidelines. Learn more about President Barack Obama
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Posted: January 21st, 2012, 8:00am MSK
On January 21, 2010 the Republic of Angola's Parliament approved a new constitution [PDF] that ended the popular election of the president. The new constitution replaced an interim constitution that had been in place since Angola's 1975 independence from Portugal. The new document also replaced the position of prime minister with a vice president, to be appointed by the president. Although the constitution limits a president to two five-year terms, opponents argued that it was an attempt by current President Jose Eduardo dos Santos' to expand his power. There have been allegations of political corruption and human rights violations during Santos' tenure, which began in 1979. Flag of Angola Learn
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Posted: January 20th, 2012, 8:00am MSK
On January 20, 2009, the Court of First Instance of Nyarugenge sentenced former Rwandan justice minister Agnes Ntamabyariro to life in prison. They found that Ntamabyariro, and co-defendant Jean-Leonard Hategekimana, participated in planning, weapon distribution, and arranging the assassination of opposition Tutsi governor Jean Baptiste Habyarimana, during the 1994 Rwandan genocide. Ntamabyariro's conviction represented a rare verdict from a Rwandan court are on genocide charges most trials in the aftermath of the 1994 genocide have been conducted by the the UN-backed International Criminal Tribunal for Rwanda (ICTR). Citing fairness concerns, the ICTR has refused to transfer most cases to Rwandan courts. However, the ICTR upheld the decision to transfer
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Posted: January 20th, 2012, 8:00am MSK
On January 20, 2010, Karen Golinski filed a lawsuit against the Office of Personnel Management (OPM) in the US District Court for the Northern District of California, seeking to add her same-sex spouse to her health insurance plan. Golinski has worked for the Ninth Circuit Court of Appeals for 19 years and was married in 2008, when same-sex marriage was briefly allowed under California state law. A judge for the US Court of Appeals for the Ninth Circuit had ordered the Administrative Office of the US Courts (AO) and OPM to provide the benefits to Golinski's spouse in November 2009. However, both organizations refused and cited the Defense of Marriage
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Posted: January 19th, 2012, 8:00am MSK
On January 19, 2009, President George W. Bush commuted the sentences of two former border control agents. Jose Alonso Compean and Ignacio Ramos were convicted in 2006 of assault, discharge of a weapon in the commission of a crime of violence, tampering with an official proceeding, and deprivation of civil rights. The Court of Appeals for the Fifth Circuit had issued a ruling upholding their convictions in July 2008. President Bush did not pardon the men, but reduced their original, 10-year sentences on the basis that such a penalty was excessive. The men were ultimately released in March 2009. Learn more about the laws governing presidential pardons and commutations from
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Posted: January 19th, 2012, 8:00am MSK
On January 19, 2010, an appeals court in Malaysia ruled that the country's ban on sodomy does not violate the Malaysian Constitution [PDF], which prohibits discrimination. The case arose from the prosecution of Abdul Rahim Abdul Rahaman, convicted of sodomizing a 14-year-old boy and sentenced to 60 years in prison. The ruling had major national implications because Malaysian opposition leader Anwar Ibrahim was also facing charges of sodomy at the time. Two years after the constitutional ruling, the Kuala Lumpur High Court acquitted Anwar of the charges, which he claimed were politically motivated, because of unreliable DNA evidence. Flag of Malaysia Learn more about the laws governing sodomy and discrimination
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Posted: January 18th, 2012, 8:00am MSK
On January 18, 2010, former New Jersey Governor Jon Corzine signed the Compassionate Use of Medical Marijuana bill, which legalized marijuana prescriptions for patients with chronic illnesses such as cancer, AIDS, Lou Gehrig's disease, muscular dystrophy, and multiple sclerosis. The bill, passed by the state legislature the week before, does not allow patients to grow their own marijuana or use it in public. As of January 2012, sixteen states and the District of Columbia have legalized possession of marijuana for medical use. Learn more about the laws governing medical marijuana from the JURIST news archive.
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Posted: January 18th, 2012, 8:00am MSK
On January 18, 2008, Turkish President Abdullah Gul signed a bill banning smoking in government buildings, offices, bars and restaurants. The bill had previously been approved by the Turkish Grand National Assembly earlier in January 2008. Although Turkey had already banned smoking on planes and buses prior to the law's enactment, the government hoped the bill would curb smoking in the country, which has the highest percentage of smokers of any European country. The smoking ban took legal effect on July 19, 2009. Flag of Turkey Learn more about the laws governing tobacco from the JURIST news archive. Also on This Day at Law: Senate approved ethics reform legislation ECJ
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Posted: January 15th, 2012, 8:00am MSK
On January 15, 2010, the US Department of Defense (DOD) released the names of prisoners held at Bagram Air Base in Afghanistan, in response to a Freedom of Information Act (FOIA) request filed by the American Civil Liberties Union (ACLU) in September 2009. The list contained the names of 645 prisoners, but was heavily redacted to exclude much of the requested information pursuant to 5 U.S.C. § 552(b)(1-2) which allows the withholding of information if it is based on an executive order or details the internal practices of an agency. The ACLU information request was made in response to concerns that "Bagram has become the new Guantanamo except with
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Posted: January 14th, 2012, 8:00am MSK
On January 14, 2011, the US Military Leadership Diversity Committee (MLDC), recommended allowing women to serve in direct military combat. Though current defense policy bars women from participating in direct line-of-fire combat, the MLDC concluded that women should be permitted to serve in combat and that their integration into combat forces would have no ill effects.The MLDC consisted of active and retired military leaders, and much of their findings were based on the performances of female soldiers in Iraq and Afghanistan. Their overall recommendation was to eliminate all barriers preventing women from combat-related activities in the military and gradually phase in new policies over several years. Other countries have already
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Posted: January 13th, 2012, 8:00am MSK
On January 13, 2011, US Bankruptcy Judge Burton Lifland approved a historic settlement with the estate of Jeffry Picower, a friend of, and investor connected to, fraudulent financier Bernard Madoff. Picower's widow agreed to return an unprecedented $7.2 billion to victims of Madoff's infamous Ponzi scheme. Irving Picard was judicially appointed as a trustee to recover money on behalf of Madoff's victims in December 2010. The settlement was initially reached in December 2010 after Picard filed suit against Picower's estate. As of December 2011, Picard had recovered almost 60 percent of the $17 billion investors lost in Madoff's scam. Of those recoveries, the $7.2 billion from Picower's estate remains the
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Posted: January 13th, 2012, 8:00am MSK
On January 13, 2005, Israel's High Court of Justice issued a temporary injunction halting preparations for the construction of a security fence in the West Bank. The injunction was issued after residents of the Palestinian village of Beit Sourik petitioned the court that the route of the fence did not conform with boundaries dictated by a June 2004 ruling from the High Court and an International Court of Justice (ICJ) advisory opinion. Under international pressure, Israel agreed to reexamine Palestinian land seizures. However, Israeli officials subsequently recommended rejecting the ICJ's ruling in February 2005. Following other legal challenges by Palestinian residents, Israel made further changes to the route in 2006.
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Posted: January 12th, 2012, 8:00am MSK
On January 12, 2006, New Jersey Governor Richard J. Codey signed a bill imposing a moratorium on executions into law. The suspension was to last until 60 days after a special commission on the death penalty, which was created by the bill which was passed by the state legislature three days earlier, released its findings. The commission's recommendation to abolish the death penalty in New Jersey was enacted into law on December 17, 2007. Learn more about New Jersey and the laws governing the death penalty from the JURIST news archive.
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Posted: January 12th, 2012, 8:00am MSK
On January 12, 2008, the Iraqi parliament approved a bill allowing members of Saddam Hussein's now-defunct Baath Party not charged with crimes to be reinstated to public life. The Iraqi De-Baathification Commission had forced the removal of almost 30,000 members of the party from public office. The reform bill had stalled following opposition from a leading Shiite cleric in April 2007, who called it "dangerous." The passage of the reform legislation was praised by the US as meeting one of the stability benchmarks set by the Bush administration in September 2007. Flag of Iraq Learn more about Iraq from the JURIST news archive and read an overview of the Iraq
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Posted: January 11th, 2012, 8:00am MSK
On January 11, 2002, the first detainees were brought to the US military detention center at Guantanamo Bay, Cuba. The first detainees had been captured by the US military during the course of the "War on Terror" declared following 9/11. The detainees were designated as unlawful enemy combatants by the administration of President George W. Bush, which argued that they were not subject to the Geneva Conventions because they were not members of a national military force. Additionally, the administration argued that by being held at Guantanamo Bay, the detainees were not subject to US law. Since its opening, the detention center has remained a point of intense controversy in
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Posted: January 11th, 2012, 8:00am MSK
On January 11, 2008, Japan's parliament passed anti-terror legislation following approval of the Japanese cabinet. The law was a limited renewal of the Anti-Terrorism Special Measures Law passed in 2007 and granted an extension to Japanese refueling missions but prohibited Japanese support of US and other allied ships engaged in military, rescue, or humanitarian operations in Afghanistan. Former Japanese Prime Minister Shinzo Abe resigned amid controversy surrounding the law's original passage in September 2007, fueled by opposition critics who claimed that the refueling missions violated Japan's pacifist constitution. Flag of Japan Learn more about Japan and the laws governing terrorism from the JURIST news archive. Also on This Day at
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Posted: January 9th, 2012, 8:00am MSK
On January 9, 2006, the US District Court for the Northern District of New York held that two Muslim men accused of supporting terrorism would stand trial despite claims of entrapment. The defendants, Yassin Aref and Mohammed Hossain, had been arrested in August 2004 and accused of laundering money for an FBI informant posing as an arms dealer. According to prosecutors, the two allegedly accepted some $50,000 which the informant told them originated from the sale of a missile intended to kill a Pakistani diplomat in New York City. In March 2006, the judge issued a highly unusual classified ruling rejecting a defense motion to dismiss the case. The two
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Posted: January 8th, 2012, 8:00am MSK
On January 8, 2011, Chief Judge John M. Roll of the US District Court for the District of Arizona was shot and killed when a gunman opened fire at a public constituent event in Tucson, Arizona. The gunman, Jared Loughner, killed additional five people and wounded 20 others, including Congresswoman Gabrielle Giffords who sustained a severe head injury. In a rare public statement, Supreme Court Chief Justice John G. Roberts, Jr. praised Roll's dedication to public service and jurisprudence on the same day. Although Loughner was indicted on charges of attempted murder and attempted assassination, he was ultimately ruled not competent to stand trial in May 2011. Learn more about
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Posted: January 8th, 2012, 8:00am MSK
On January 8, 2008, the Liberian Truth and Reconciliation Commission (TRC) held its first public session to investigate possible war crimes that occurred during the country's 14-year civil war, which ended in 2003. The TRC was inaugurated by the UN in February 2006 and began gathering personal statements on alleged crimes and abuses in October 2006. Their work was temporarily delayed due to lack of funds in November 2006, but resumed in October 2007 after receiving funds from the United Nations Development Program and the US Agency for International Development (USAID). Flag of Liberia Learn more about Liberia and the laws governing war crimes from the JURIST news archive. Also
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Posted: January 7th, 2012, 8:00am MSK
On January 7, 2011, President Barack Obama signed a bill barring the transfer of Guantanamo detainees to the US for trial. The provision was part of the Ike Skelton National Defense Authorization Act of 2011. The bill contained funding for domestic security and overseas operations, but included restrictions upon transferring remaining detainees to the US or abroad. The move represented a reversal in policy for the administration as Obama had previously signed the Department of Homeland Security Appropriations Act of 2010 in October 2010, which allowed the transfer of detainees to the US. In September 2011, Attorney General Eric Holder reaffirmed the administration's commitment to closing the Guantanamo Bay facility.
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Posted: January 7th, 2012, 8:00am MSK
On January 7, 2009, Turkish police arrested approximately 40 people in an investigation of an alleged attempt to overthrow the ruling Justice and Development Party (AKP). Those arrested in the coup included three retired generals, a journalist, a professor, and former head of the police anti-terror unit. Police also searched the home of the country's former top prosecutor, Sabih Kanadoglu. Known for his opposition to the AKP, Kanadoglu testified in January 2010 regarding the investigation. The arrests were part of an larger investigation into the radical anti-government network, Ergenekon, that allegedly has deep roots in Turkey's military. As of June 2010, hundreds had been arrested and charged with membership in
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Posted: January 6th, 2012, 8:00am MSK
On January 6, 2011, the Illinois House of Representatives passed a bill that abolished the death penalty by a vote of 60-54. The Illinois Senate approved the same bill in March 2011, and Governor Pat Quinn signed the ban during the same month. Illinois was the sixteenth state to ban the death penalty. Prior to the adoption of the ban, then Governor George Ryan imposed a moratorium on the death penalty because of concerns over the system's imperfection in 2000. When the bill passed, the 15 Illinois prisoners on death row had their sentences commuted to life in prison. Learn more about the laws governing the death penalty from the
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Posted: January 6th, 2012, 8:00am MSK
On January 6, 2011, South Korea National Police Agency announced that it found evidence that tech conglomerate Google illegally collected data from unencrypted networks. The illegally captured data included hundreds of thousands of emails, instant messages, passwords and search histories that was gathered during Google's production of its Street View mapping service. Google announced that it had inadvertently collected similar user information in over 30 other countries between October 2009 and May 2010. Following the announcement, South Korean police raided Google's Seoul offices where they discovered the stolen information stored on hard disks. Flag of South Korea Learn more about Google and the laws governing privacy from the JURIST news
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Posted: January 5th, 2012, 8:00am MSK
On January 5, 2010, a judge for the US District Court for the Western District of Kentucky issued a ruling [PDF] upholding restrictions on cigarette advertising imposed by the Family Smoking Prevention and Tobacco Control Act. Tobacco companies, including R.J. Reynolds, filed suit against provisions of the law that outlaw distribution of clothing and goods with tobacco logos or brand names affixed and tobacco companies' sponsorship of cultural, athletic, and social events, claiming they violated the companies' First Amendment rights. The court struck down provisions of the law that prohibited the use of color and graphics in tobacco advertisements and labels. Learn more about the laws governing tobacco from the
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Posted: January 5th, 2012, 8:00am MSK
On January 5, 2009, Andal Ampatuan Jr., mayor of Datu Unsay, Philippines, pleaded not guilty to 41 murder charges stemming from the November 2009 massacre of 57 opposition supporters and journalists in Maguindanao province. The plea followed the trial of 600 people charged with interfering with government operations following the massacre. Philippines President Gloria Macapagal-Arroyo declared martial law and suspended habeus corpus rights following the rebellion that resulted from the massacre, which a later lawsuit by victims' families alleged she helped perpetrate. Learn more about the Philippines from the JURIST news archive. Also on This Day at Law: Ninth Circuit struck down felon voter disenfranchisement law French court began trial
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Posted: January 4th, 2012, 8:00am MSK
On January 4, 2010, the US Court of Appeals for the Fourth Circuit issued a ruling [PDF] upholding 9/11 conspirator Zacarias Moussaoui's life sentence. Moussaoui's attorneys appealed his conviction after he pleaded guilty to six conspiracy charges in April 2005. His defense team claimed that Moussaoui's rights were violated by an involuntary plea and the court's restriction of his counsel's access to statements made by other al Qaeda members denying Moussaoui's involvement in planning the 9/11 attacks. Moussaoui narrowly avoided the death penalty when one juror voted for a sentence of life imprisonment after concluding that Moussaoui played a "minor role" in planning the attacks. Learn more about the legal
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Posted: January 4th, 2012, 8:00am MSK
On January 4, 2010, the Malaysian Home Ministry appealed a ruling by the Malaysian High Court that non-Muslims can use the word "Allah" as a translation for the word "God." Malay-Catholic newspaper The Herald had challenged the government's three-year ban on the practice in May 2008. Muslim groups argued that the use of the word "Allah," rather than "Lord" or "Turan" used by Catholic publications like The Herald, constituted an attempt to confuse Muslim readers. Flag of Malaysia Learn more about Malaysia from the JURIST news archive. Also on This Day at Law: Padilla sued author of 'torture memos' Serbia filed genocide suit against Croatia in ICJ
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Posted: January 2nd, 2012, 8:00am MSK
On January 2, 2008, California filed a lawsuit against the US Environmental Protection Agency (EPA) challenging the agency's decision to deny the state's request for a waiver that would have allowed it and 16 other states to impose stricter greenhouse gas emissions standards on cars and light trucks. California's Air Resources Board adopted strict greenhouse gas standards in 2004, but it could not mandate them unless the EPA granted a waiver of the more lenient federal Clean Air Act (CAA) [PDF] standards. In February 2008, the EPA issued their official explanation for the rejection and in May 2008 the US House Committee on Oversight and Government Reform found that the