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Posted: June 18th, 2013, 9:00am MSD
On June 18, 1798, US President John Adams signed the Naturalization Act of 1798, the first of four pieces of legislation collectively referred to as the Alien and Sedition Acts, into law. The act repealed in part the Naturalization Act of 1795 by increasing the period of time required for immigrants to reside in the US from five years to 14 years. The 1798 act maintained the requirement that immigrants had to be white to receive citizenship and could not be citizens of a nation at war with the US. In 1802, Congress repealed the Naturalization Act of 1798 due to public backlash against the Alien and Sedition Acts. US
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Posted: June 17th, 2013, 9:00am MSD
On June 17, 1902, the US Congress passed [PDF] the Reclamation Act of 1902. Prior to the passage of the act, people in the western US had difficulty obtaining sufficient water supplies due to arid conditions and the overconsumption of limited resources. The Reclamation Act addressed this issue by requiring that money obtained through the sale of public lands in the western US be used to fund irrigation projects and reclaim arid lands. Congress delegated the authority to examine, survey and construct irrigation projects to the Secretary of the Interior, and created the Bureau of Reclamation to manage the projects. To date, the bureau has been responsible for the construction
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Posted: June 16th, 2013, 9:00am MSD
On June 16, 2009, the Sri Lankan government ceased investigations into possible human rights abuses that allegedly occurred during the 25 year civil war between the government and a separatist militant organization, the Liberation Tigers of Tamil Eelam (LTTE). The investigations began in 2007, and with less than half of its cases resolved, the mandate expired with no renewal granted, leading commentators to suspect the resurgance of the LTTE. Since June 2009, the Sri Lankan government has been urged by various groups to look into potential human rights abuses that occurred during the war, and the government has itself launched independent probes into the matter. Flag of Sri Lanka Learn
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Posted: June 15th, 2013, 9:00am MSD
On June 15, 2007, Japanese district courts dismissed the claims of Japanese plaintiffs abandoned as children in China during World War II. The courts ruled that the current government was not required to compensate the plaintiffs because it was not obligated to aid in the war orphans' reestablishment and assimilation back in Japan. Because of their relocation, most of the plaintiffs relied on government aid. On July 9, 2007, in exchange for abandoning all compensation claims, the plaintiffs accepted an aid proposal from the Japanese government. On December 5, 2007, Japanese Prime Minster Yasuo Fukuda apologized to the war orphans for the government's failure to support them. Flag of Japan
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Posted: June 14th, 2013, 9:00am MSD
On June 14, 2010, the US Conference of Mayors passed a resolution opposing SB 1070, the controversial Arizona immigration law, and supporting federal immigration reform. The organization, which represents thousands of cities larger than 30,000 people, passed the resolution at the annual meeting of the organization in Oklahoma City with a voice vote of at least two-thirds of the over 200 mayors in attendance. The resolution called the Arizona law unconstitutional and was submitted by four mayors, including the mayor of Phoenix. The Arizona law was challenged by the Department of Justice (DOJ) and partially overturned by the US Supreme Court in Arizona v. US. Read an overview of US
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Posted: June 13th, 2013, 9:00am MSD
On June 13, 2012, the Rhode Island Senate passed legislation aimed at protecting the rights of homeless persons. This "homeless bill of rights" included the rights to vote and to move freely in public spaces and on public transportation, among others. Governor Lincoln Chaffee signed the bill, which was the first bill of its kind to pass at the state level in the US, into law on June 27, 2012. In May 2013, California and Illinois considered similar bills, and legislators in other states have also considered homeless bills of rights. Learn more about legal issues surrounding homelessness from the JURIST news archive. Also on This Day at Law: Florida
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Posted: June 12th, 2013, 9:00am MSD
On June 12, 2012, the government of the Falkland Islands announced that a referendum would be held regarding the islands' political status as an overseas territory of the United Kingdom (UK). Gavin Short, chairman of the islands' legislative assembly, stated that the purpose of the vote, the date of which was chosen to align with the 30 year anniversary of the islands' breaking from Argentina's occupation, was to affirm that "the people of the Falklands wish for the Islands to remain a self-governing Overseas Territory of the United Kingdom." The vote was held in March 2013 and was overwhelmingly in favor of maintaining the current status, with only three people
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Posted: June 11th, 2013, 9:00am MSD
On June 11, 1963, US President John F. Kennedy proposed what would become the Civil Rights Act of 1964 in a radio and television address to the American people. President Kennedy asked Congress to draft legislation to prohibit discrimination against Americans in public facilities. He also asked Congress to allow the federal government to take a more aggressive role in desegregating public schools and enforce the US Supreme Court ruling of Brown v. Board of Education. President Kennedy expressed concern over the "moral crisis" caused by racial inequality in the US, and asked whether the US could continue to advocate freedom across the globe when it had yet to do
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Posted: June 10th, 2013, 9:00am MSD
On June 10, 1963, US President John Kennedy signed the Equal Pay Act of 1963 into law. The Equal Pay Act prohibited discrimination on account of sex in the payment of wages by employers engaged in commerce or in the production of goods for commerce. The law applied to male and female employees engaged in equal work that requires equal skill, effort and responsibility and is performed under similar working conditions, with few exceptions. When President Kennedy signed the act into law, female employees in the US earned on average 60 percent of the wage paid to similarly situated male employees. President Kennedy was troubled by the affect of pay
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Posted: June 9th, 2013, 9:00am MSD
On June 9, 2006, the US Court of Appeals for the District of Columbia upheld a ruling [PDF] that the Federal Communications Commission (FCC) could require broadband Internet companies and Internet phone service providers to comply with the Communications Assistance for Law Enforcement Act [PDF] (CALEA). The CALEA required that telecommunication companies allow law enforcement agencies to have access to their networks. Broadband Internet services have historically been classified as an information service, but for the purposes of the act, the federal appeals court allowed the FCC to classify broadband providers differently. Learn more about the Federal Communications Commission from the JURIST news archive. Also on This Day at Law:
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Posted: June 8th, 2013, 9:00am MSD
On June 8, 2006, the US Senate rejected a Native Hawaiian self-governance bill that proposed to create a process for Native Hawaiians to receive federal recognition similar to Native American tribes. The bill was sponsored by Senator Daniel Akaka, who said the purpose of the bill was to correct the wrongs that occurred since the US aided in overthrowing the Hawaiian monarchy in 1893. Those who opposed the bill argued that it created an unconstitutional government entity based on race, serving only to divide the American people into distinct groups. In December 2009, the Congressional House Committee passed an unamended version of the bill, but it failed to pass into
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Posted: June 7th, 2013, 9:00am MSD
On June 7, 2010, the US Supreme Court ruled that the word "mistake" in Federal Rule of Civil Procedure (FRCP) 15(c)(1)(C) refers to whether the party being added to the case in question knew or should have known about the dispute. Krupski v. Costa Crociere, which was argued in April 2010, was granted certiorari in order to clarify a split in the lower courts on the correct application of the term. The decision reversed the Eleventh Circuit's ruling, clarifying that the rule does not rely on the plaintiff's knowledge. The US Supreme Court often resolves disputes in lower courts on the meanings of the various provisions in the FRCP, including
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Posted: June 6th, 2013, 9:00am MSD
On June 6, 2007, the US Court of Appeals for the Ninth Circuit ruled that victims of forced abortions had the right to protest deportation by requesting asylum under the Immigration and Nationality Act. The court reversed an immigration court's finding that called into question whether the Chinese woman in question's abortion was forced and whether her and her husband had done enough to avoid the abortion. The court also ruled that the spouse of an individual subjected to a forced abortion had the right to request asylum. In June 2012, Chinese officials launched an investigation into claims that women in that country were being forced to have abortions as
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Posted: June 5th, 2013, 9:00am MSD
On June 5, 2007, the California State Assembly approved a measure restoring the state's marriage definition to its pre-1977 gender-neutral language. The measure was in response to the passage of Proposition 22, which changed that definition in March 2000. The bill eventually passed in the State Senate but was vetoed by the governor. In May 2008, the California Supreme Court invalidated Proposition 22, legalizing same-sex marriage in the state. The passage of Proposition 8 in November 2008 in turn banned same-sex marriage. The Supreme Court heard oral arguments in a challenge to the constitutionality of Proposition 8 in March 2013. Read an overview of Same-Sex Marriage in Features. Also on
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Posted: June 4th, 2013, 9:00am MSD
On June 4, 1897, Congress passed the Organic Act of 1897 [PDF] with the aims of resolving controversy surrounding presidential powers and protecting existant forest reserves from elimination. The act stated that the president could only establish a national forest reserve for the purpose of either protecting and improving the forest within the reservation, or for securing both favorable water flows and a supply of timber for the benefit of American citizens. The act also authorized the Secretary of the Interior to pass rules and regulations affecting forest reserves, which had to relate to forest reserve occupancy and the use and protection of forests from destruction. Learn more about legal
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Posted: June 3rd, 2013, 9:00am MSD
On June 3, 1905, US President Theodore Roosevelt established the Payette Forest Reserve and the San Juan Forest Reserve. Under Section 24 of the Forest Reserve Act of 1891, President Roosevelt had the authority to establish forest reserves by public proclamation "in any State or Territory having public land bearing forests," regardless of that land's commercial value. Proclamation 566 established the Payette Forest Reserve in Idaho. In 1908, President Roosevelt combined portions of the Payette Forest Reserve and other forests to create the Boise National Forest. Proclamation 567 established the San Juan Forest Reserve in Colorado. The 1.4 million acre reserve later became the San Juan National Forest. Learn more
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Posted: June 2nd, 2013, 9:00am MSD
On June 2, 2006, Irish President Mary McAleese signed an emergency bill [PDF] that authorized jail sentences for persons convicted of having sex with minors while allowing them to use mistake of age as a defense. The new law overturned a 1935 statutory rape law that was ruled unconstitutional because it did not allow defendants to use the defense of mistake of age. Before the passage of the new law, Irish Justice Minster Micheal McDowell warned that it would allow defense lawyers to ask harsh questions of minors. Flag of Ireland Learn more about Ireland from the JURIST news archive. Also on This Day at Law: Federal judge struck down
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Posted: June 1st, 2013, 9:00am MSD
On June 1, 2010, the US Supreme Court ruled in the case of Carr v. United States that the Sex Offender Registration and Notification Act (SORNA) would not apply retroactively to offenses occurring before the act was passed. The purpose of SORNA was to provide a set of minimum standards for convicted sex offenders to register as such and also impose penalties on convicted sex offenders who traveled between states and knowingly failed to register. Because Carr traveled and failed to register before the act was passed, the Supreme Court ruled that he could not be penalized. In January 2012, the Supreme Court ruled on another challenge to SORNA, Reynolds
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Posted: May 31st, 2013, 9:00am MSD
On May 31, 1790, Congress passed the first copyright law in the US. The Copyright Act of 1790 [PDF] established a means for individuals to seek copyrights for maps, charts and books for up to 14 years. Establishment of the act followed the passage of Great Britain's Statute of Anne in April 1710. The first copyright granted under the Copyright Act was for the Philadelphia Spelling Book in June 1790. Today, the US Copyright Office grants copyrights to individuals and corporations for most forms of artistic and printed works that qualify as original works of authorship. Learn more about copyright law from the JURIST news archive. Also on This Day
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Posted: May 30th, 2013, 9:00am MSD
On May 30, 2012, former Liberian president Charles Taylor was sentenced to 50 years in prison for war crimes committed during the civil war in Sierra Leone. The Special Court of Sierra Leone (SPSL) issued the sentence after Taylor was found guilty of planning as well as aiding and abetting crimes committed by rebel forces in exchange for diamonds during the civil war. The crimes included acts of terrorism, murder, rape, sexual slavery and enlisting children into the armed forces. Taylor filed an appeal of the conviction in July 2012, claiming errors were made in the evaluation of the evidence. The appeal began in January 2013 in the Hague. Seal
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Posted: May 29th, 2013, 9:00am MSD
On May 29, 1948, the United Nations Truce Supervision Organization (UNTSO) was founded by the UN Security Council through Resolution 50 [PDF] with the goals of assisting with peace in the Middle East and responding to tensions that resulted from the founding of Israel. The UNTSO still exists today as one of the UN's ongoing peacekeeping operations. It has acted as a go-between for hostile parties and as international observers working to help achieve peace and maintain a UN presence in the region. Flag of the UN Learn more about the UN and the Middle East from the JURIST news archive. Also on This Day at Law: Vioxx jury award
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Posted: May 28th, 2013, 9:00am MSD
On May 28, 2008, Human Rights First (HRF) released a report stating that terrorism cases should be tried in the US federal criminal court system rather than in military tribunals. HRF argued against the use of military tribunals of because delays and controversies caused by the creation of a new justice system to deal with terrorism cases. The group instead advocated for existing federal courts to serve as the proper venue, stating that federal courts are well-equipped to handle issues dealing with defendants' rights, national security and other concerns that might surface during a terrorism case. HRF relied on the experience of federal courts in dealing with organized crime and
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Posted: May 27th, 2013, 9:00am MSD
On May 27, 1935, the US Supreme Court decided A. L. A. Schechter Poultry Corp. v. United States, holding that the National Industrial Recovery Act was unconstitutional. The Court held the Act unconstitutional in part because Congress violated the separation of powers by bestowing the president with the legislative authority to pass codes "he thinks may be needed or advisable for the rehabilitation and expansion of trade or industry." In addition, the Court found that the act violated the Commerce Clause of the US Constitution because it regulated the hours and wages of employees engaged in intrastate commerce. The Court rejected the government's argument that remedying the financial crisis caused
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Posted: May 26th, 2013, 9:00am MSD
On May 26, 2010, the International Criminal Court (ICC) reported Sudan to the UN Security Council for its noncooperation in pursuit of alleged war criminals Ahmad Harun and Ali Kushayb, who were wanted for 51 counts of crimes against humanity and war crimes. Because Sudan was not a permanent member of the Rome Statute, the treaty that established the ICC, it refused to recognize the ICC's jurisdiction in this matter even though the UN had granted the ICC jurisdiction over the conflict in Darfur. Despite international calls for their arrests, Harun went on to become an elected governor of South Kordofan in June 2011, while Kushayb remains at large. Emblem
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Posted: May 25th, 2013, 9:00am MSD
On May 25, 2007, the military government of Myanmar extended the house arrest of Aung San Suu Kyi, a pro-democracy advocate and Nobel Peace Prize laureate. At the time, Suu Kyi had spent 15 of 21 years in her political career under house arrest for alleged violations of an anti-subversion law. She was released on November 13, 2010. Since then, Suu Kyi has received many high honors from the US and Canada for her role in helping to promote democracy. On April 1, 2012, her party, the National League for Democracy (NLD), won 43 of the 45 vacant seats in the lower house. Flag of Myanmar Learn more about Myanmar
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Posted: May 24th, 2013, 9:00am MSD
On May 24, 2012, a UN-appointed group of human rights experts reported that both the Syrian government and opposition were guilty of human rights violations in the ongoing conflict. The three-member panel, dubbed the Independent International Commission of Inquiry on Syria, found that both sides were responsible for killing opponents, torturing children as young as ten and committing other acts that violated basic human rights. The report primarily blamed Syrian authorities for the violations, but also found some violations within the opposition. In May 2013, the UN adopted a resolution that called for a political transition in Syria in response to the rising death toll and widespread human rights violations
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Posted: May 23rd, 2013, 9:00am MSD
On May 23, 2009, former South Korean president Roh Moo-hyun committed apparent suicide by leaping off a 30-foot cliff, leaving a note stating that he did not want to burden the lives of those around him, following the commencement of a corruption investigation centered on Roh and his family. Roh was elected president in 2003 after campaigning heavily against corruption in South Korea; before his death, Roh's brother, wife, and associates were all found guilty of or investigated for corruption, including an alleged $1 million "loan" from the CEO of a prominent shoe manufacturing company. The South Korea Ministry of Justice announced that the corruption investigation would not continue following
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Posted: May 22nd, 2013, 9:00am MSD
On May 22, 2008, Alaskan officials announced that they would file a legal challenge to the Department of the Interior (DOI)'s decision to list the polar bear as threatened on the endangered species list. Governor Sarah Palin claimed that the listing was unnecessary and would have a negative economic impact on development in Alaska. The polar bear was put on the list after two years of research by multiple agencies within the DOI that culminated in a classification that required protections of the animal and its habitat, but permitted continued developments of oil and gas. In June 2011, a federal judge upheld the DOI's classification. Learn more about endangered species
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Posted: May 21st, 2013, 9:00am MSD
On May 21, 1800, US President John Adams issued a pardon to the participants in the 1799 Fries' Rebellion that occurred in southeastern Pennsylvania. The rebellion, motivated by citizen disdain over a federal property tax, resulted in protestors descending on Bethlehem, Pennsylvania, in March 1799 to free individuals that had been arrested for attacking federal tax collectors. Though the federal government initially charged 45 rebels with treason, only rebellion leader John Fries and three other individuals were found guilty of treason and sentenced to death. President Adams' May 21 pardon extended to all individuals involved with the rebellion, except for Fries. President Adams later pardoned Fries on May 23, the
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Posted: May 20th, 2013, 9:00am MSD
On May 20, 1996, the US Supreme Court held unconstitutional Amendment 2 to Colorado's state constitution because it violated the Equal Protection Clause. Amendment 2 prohibited the state and municipal governments from enacting, adopting or enforcing anti-discriminatory legislation that protected persons of same-sex orientation. The Court analyzed the amendment under rational basis review and found that the legislative classification bore no rational relation to a legitimate state interest. According to Justice Anthony Kennedy, "a law declaring that in general it shall be more difficult for one group of citizens to seek aid from the government is itself a denial of equal protection of the laws in the most literal sense."
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Posted: May 19th, 2013, 9:00am MSD
On May 19, 2011, Maryland Governor Martin O'Malley signed a bill requiring French railroad company SNCF to disclose information regarding its participation in the Jewish Holocaust. SNCF was accused of transporting 76,000 Jews and other prisoners from Paris to Germany from 1942 to 1944. In October 2006, the company faced 1,200 claims from families seeking damages for its role in the Holocaust. In June 2006, SNCF was ordered by a French trial court to pay a Jewish family for its participation in crimes against humanity, but on March, 27, 2007, a French appeals court overturned that conviction. Flag of Maryland Learn more about the Holocaust from the JURIST news archive.
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Posted: May 18th, 2013, 9:00am MSD
On May 18, 2012, Vermont became the first US state to ban hydraulic fracking when Governor Peter Shumlin signed Bill H. 464 into law. Hydraulic fracking is a method used by many major oil companies to extract natural gas and obtain shale oil and gas by using an extremely pressurized mixture of water, sand and undisclosed chemicals to break through rock. The Green Mountain State passed this measure preemptively, without evidence of a reserve of oil or gas in the state. New York extended its moratorium on fracking, while former North Carolina Governor Beverly Perdue vetoed a measure lifting a statewide ban on fracking in July 2012, and NJ Governor
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Posted: May 17th, 2013, 9:00am MSD
On May 17, 2004, Massachusetts became the first state in the union to legalize same-sex marriage. The Supreme Judicial Court of Massachusetts ruled in Goodridge v. Department of Public Health that the state's constitution prohibited a ban on same-sex marriage passed in November 2003. Attempts to reverse the legalization of same-sex marriage in the state through ballot initiatives, amendments and legislation were unsuccessful, despite support from Massachusetts Governor Mitt Romney. Seal of Massachusetts Read an overview of Same-Sex Marriage in Features. Also on This Day at Law: Federal appeals court upheld Minnesota campaign finance law Rwanda genocide tribunal convicted ex-military chief Bizimungu
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Posted: May 16th, 2013, 9:00am MSD
On May 16, 2008, the Texas Border Coalition, a group of Texas-based business owners and officials, filed a class action lawsuit to enjoin the Department of Homeland Security (DHS) from constructing a fence on the US-Mexico border. The group claimed that approval of the fence's construction violated the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which required the government to hold fair negotiations with landowners when seeking access to property along the border. The case was dismissed in May 2009 due to lack of standing. The issue of construction of a continuous border fence or virtual fence with cameras and radar between the US and Mexico continues to
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Posted: May 15th, 2013, 9:00am MSD
On May 15, 2007, two advocacy groups requested a temporary restraining order from the US District Court of the Northern District of Texas in an effort to block an anti-illegal immigration city ordinance passed in Farmers Branch, Texas. The ordinance was scheduled to go into effect that same day after being approved by voters the week prior. The ordinance required apartment renters to demonstrate proof of US residency and penalized landlords who rented to undocumented immigrants with a $500 fine. The ordinance was originally scheduled to go into effect in January 2007, but was delayed due to a previous challenge. In March 2012, the US Court of Appeals for the
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Posted: May 14th, 2013, 9:00am MSD
On May 14, 1974, former US Representatives Bella Abzug and Ed Koch of New York introduced the Equality Act in the US House of Representatives. The Equality Act was a proposal to expand the coverage of the Civil Rights Act of 1964 to prohibit discrimination based on sexual orientation. The bill was referred to the House Judiciary Committee, but it died in committee and never became enacted. Lawmakers continued to propose similar legislation, only to have the bills fail in the House of Representatives, including the April 2011 Employment Non-Discrimination Act, proposed by former Representative Barney Frank of Massachusetts. Learn more about legal issues surrounding sexual orientation from the JURIST
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Posted: May 13th, 2013, 9:00am MSD
On May 13, 2010, the upper house of the Kazakhstan Parliament passed a constitutional amendment granting significant additional powers to President Nursultan Nazarbayev. The lower house of Parliament had approved the amendment the day before. The amendment would have extended significant additional benefits to Nazarbayev, including being named "leader of the nation," granting immunity from investigation or prosecution for life and assuring that his property and holdings could not be confiscated for any reason. Facing intense scrutiny both in Kazakhstan and abroad, on June 4, 2010, Nazurbayev declined to sign the amendment into law. Emblem of Kazakhstan Learn more about Kazakhstan from the JURIST news archive. Also on This Day
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Posted: May 12th, 2013, 9:00am MSD
On May 12, 2006, the French National Assembly first approved an amended version of a controversial bill created to prevent Internet piracy. The bill proposed that Internet access be cut off for users who repeatedly illegally downloaded copyrighted material after they had received two warnings, and that a third offense be punished by a one year ban from the Internet. Supporters of the bill alleged that it protected copyrighted material, while those opposed to it claimed that the bill did not properly balance the rights of Internet users and copyright holders. The bill was subsequently defeated and its constitutionality challenged before it was approved on October 22, 2009. Learn more
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Posted: May 11th, 2013, 9:00am MSD
On May 11, 2010, the Oklahoma Senate voted by a 32-11 margin to approve a bill (HB 3284) requiring women seeking an abortion to complete a questionnaire before the procedure. The Statistical Abortion Bill Act probes into such areas as marital status, reasons for seeking an abortion and whether the woman's pregnancy was the result of rape or incest. A state court judge struck down an identical bill in February 2010, deeming it to be in violation of the state constitution's requirement that a law cover one subject. Former Democratic Governor Brad Henry vetoed the bill on May 24, 2010, for being "personally intrusive," but the House of Representatives and
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Posted: May 10th, 2013, 9:00am MSD
On May 10, 2012, the Department of Justice (DOJ) filed a discrimination suit in the US District Court for the District of Arizona against the Sheriff's Office of Arizona's Maricopa County and Sheriff Joe Arpaio. The claim alleged that Sheriff Arpaio and his office unlawfully and systematically discriminated against Latino persons through law enforcement on the basis of race, color or national origin. The DOJ sought injunctive relief to counter future discriminatory actions by implementing anti-discriminatory policies. Read an overview of US Immigration Law in Features. Also on This Day at Law: Accused bombed sued Poland over secret CIA prison Egypt court convicted ex-tourism minister of corruption
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Posted: May 9th, 2013, 9:00am MSD
On May 9, 2008, Microsoft appealed a massive EU antitrust fine for failing to comply with a 2004 ruling. The ruling found that Microsoft had abused its monopoly power and required the company to share technical information with competitors and lower its prices. In October 2007, Microsoft announced it was dropping an appeal to the ruling and would comply. The record fine, €899 million (USD $1.3 billion), was issued in February 2008 due to a finding that the company had not adequately complied with the 2004 ruling. An EU court upheld the fines in June 2012. Flag of the European Union Learn more about antitrust law from the JURIST news
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Posted: May 8th, 2013, 9:00am MSD
On May 8, 2012, North Carolina voters passed a constitutional amendment that banned same-sex marriage, bringing the number of states with constitutional amendments banning same-sex marriage to thirty-one. Since then, Maine, Maryland and Washington have voted to legalize same-sex marriage. In April 2013, the Rhode Island legislature voted to legalize same-sex marriage in that state. Read an overview of Same-Sex Marriage in Features. Also on This Day at Law: Gates claimed some Guantanamo detainees posed release threat Vietnam began prosecution of anti-Communist activists for 'terrorism'
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Posted: May 7th, 2013, 9:00am MSD
On May 7, 1996, former Representative Bob Barr of Georgia introduced the Defense of Marriage Act (DOMA) in the US House of Representatives. Under Section 3 of DOMA, "in determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agences of the United States, the word 'marriage' means only a legal union between one man and one woman." Former US President Bill Clinton signed DOMA into law in September 1996, after overwhelming majorities in both the House of Representatives and the Senate passed the bill. In March 2013, the US Supreme Court heard arguments to determine the constitutionality of
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Posted: May 6th, 2013, 9:00am MSD
On May 6, 2011, two congressmen, Edward Markey and Joe Barton, released a draft of legislation they aimed to introduce in the US House of Representatives; the bill [PDF] would have prevented companies from tracking the Internet activity of minors without parental consent. The congressmen introduced the legislation to amend a 1998 Internet protection and privacy law for minors. The bill would have prevented companies from collecting information on minors' web habits for marketing purposes and would have allowed parents to request that companies destroy any such existing data. Learn more about Internet privacy from the JURIST news archive. Also on This Day at Law: NLRB sued Arizona over union
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Posted: May 5th, 2013, 9:00am MSD
On May 5, 2006, the Illinois Supreme Court declined to reconsider its decision to vacate a $10.1 billion judgement against Phillip Morris USA. The judgement resulted from a case where the tobacco company was found liable of falsely claiming that light cigarettes were safer than regular ones. Explaining its decision, the court stated that under the Illinois Consumer Fraud Act, Phillip Morris could not be held liable because its actions were specifically permitted by a regulatory body. The case was appealed to the US Supreme Court, declined to review the Illinois Supreme Court's ruling, thus letting the decision stand. Learn more about the topic of tobacco from the JURIST news
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Posted: May 5th, 2013, 9:00am MSD
On May 5, 2006, the Illinois Supreme Court declined to reconsider its decision to vacate a $10.1 billion judgment against Phillip Morris USA. The judgment resulted from a case where the tobacco company was found liable of falsely claiming that light cigarettes were safer than regular ones. Explaining its decision, the court stated that under the Illinois Consumer Fraud Act, Phillip Morris could not be held liable because its actions were specifically permitted by a regulatory body. The case was appealed to the US Supreme Court, declined to review the Illinois Supreme Court's ruling, thus letting the decision stand. Learn more about the topic of tobacco from the JURIST news
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Posted: May 4th, 2013, 9:00am MSD
On May 4, 2010, the New York Court of Appeals ruled in two separate cases that a lesbian could assert her parental rights over the biological child of her partner and that a lesbian could legally seek child support from a former partner. The court issued the rulings five months after legislation legalizing same-sex marriage in the state failed to garner approval in the New York Senate. Four years earlier, in July 2006, the same court had decided that the state was not compelled to recognize same-sex marriage. In May 2008, Governor David Patterson instructed state agencies to recognize same-sex marriages, and the state legislature passed the Marriage Equality Act
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Posted: May 3rd, 2013, 9:00am MSD
On May 3, 2007, former California Governor Arnold Schwarzenegger signed a bill with bipartisan support that designated $7.7 billion to remedy the state's overcrowded prisons. The Public Safety and Offender Rehabilitation Services Act of 2007 attempted to streamline the prison infrastructure system by providing 53,000 new jail and prison beds and giving the legislature power to transfer prisoners out of state for four years. In February 2007, the governor announced a plan to release prisoners convicted of nonviolent crimes in response to the possibility of federal oversight of the state's prison system. Learn more about California's prisons from the JURIST news archive. Also on This Day at Law: Utah immigration
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Posted: May 2nd, 2013, 9:00am MSD
On May 2, 2000, the US discontinued the use of Selective Availability, a program that degraded the ability of non-governmental users to have access to precise Global Positioning Systems (GPS). President Bill Clinton made the announcement on May 1 that at midnight precisely, GPS would be made available to the general populace. The decision shifted GPS from a military instrument to important commercial and civilian applications. Today, the use of GPS by governmental entities is controversial, given its ability to pinpoint a person's precise location. In March 2013, a bipartisan bill was introduced that would require a warrant for the use of GPS by the government. Learn more about GPS
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Posted: May 1st, 2013, 9:00am MSD
On May 1, 1958, the US celebrated [PDF] the first Law Day, as designated by President Dwight D. Eisenhower. Congress eventually passed legislation making Law Day an official day for celebrating the law. In his statement, President Eisenhower said, "The people of this nation should remember with pride and and vigilantly guard the great heritage of liberty, justice, and equality under the law that our forefathers bequeathed us." The first of May was intentionally chosen to coincide with May Day, a holiday associated with socialist nations. The Law Day tradition continues today, with annual commemorations by the Library of Congress and the American Bar Association, among others. Learn more about