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[JURIST] Convicted US district court judge Samuel Kent [official profile] on Tuesday submitted his letter of resignation to President Barack Obama effective June 2010, after pleading guilty [JURIST report] to obstruction of justice [18 USC § 1512(c)(2) text] charges in connection with the alleged sexual harassment of his secretary and former case manager. The delayed resignation would allow Kent
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[JURIST] A court in China's Yunnan Province [official website, in Mandarin] on Tuesday sentenced three executives from a Chinese chemical company for polluting Yangzonghai Lake [Greenlaw backgrounder]. Chengjiang Jinye Industry and Trade Company chairman Li Dahong was sentenced to four years in jail [Xinhua report] and fined 300,000 yuan ($44,000 USD) by the Chengjiang County Basic Level Court,
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[JURIST] A Pakistani court on Tuesday ended the house arrest of the founder of Lashkar-e-Taiba (LeT) [CFR backgrounder], the Pakistani militant group suspected of carrying out the November 2008 Mumbai terror attack [BBC backgrounder; JURIST news archive]. The Lahore High Court said that there was insufficient evidence linking Hafiz Muhammad Saeed [Global Jihad backgrounder] or his charity group
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[JURIST] A team of investigators from the UN Human Rights Council [official website] arrived in Gaza Monday to begin examining alleged violations of international human rights law during December and January's fighting between Israel and Hamas. The team is headed by former South African Constitutional Court [official profile] judge Richard Goldstone, who was also the chief prosecutor at the
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[JURIST] A federal court on Monday stayed habeas corpus challenges [opinion, PDF] brought by three detainees held at Bagram Air Base [official website; GlobalSecurity backgrounder] pending appeal. Judge John Bates of the US District Court for the District of Columbia [official website] granted a motion [text, PDF ; JURIST report] filed in April by the government asking that he certify and suspend
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[JURIST] A California court on Monday dismissed [opinion, PDF] a lawsuit challenging a state law that prohibits discrimination based on gender orientation or identity in public schools. Judge Shelleyanne Chang of the Sacramento County Superior Court [official website] said that the challenge to California Education Code sections 220 and 210.7 [text] brought by Advocates for Faith and Freedom [
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[JURIST] Finland's Office of the Prosecutor General [official website, in Finnish] on Monday charged [press release] former Rwandan pastor Francois Bazaramba with genocide and 15 associated murders. Bazaramba is accused of organizing and carrying out the killing of more than 5,000 civilians in the in the town of Nyakizu during the 1994 Rwandan genocide [HRW backgrounder; BBC backgrounder].
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[JURIST] US automaker General Motors (GM) [corporate website] filed [case materials] for Chapter 11 [text] bankruptcy protection Monday. The proceedings will be handled by Judge Robert Gerber of the US Bankruptcy Court for the Southern District of New York [official website], the court which is also overseeing the bankruptcy of rival automaker Chrysler Group [corporate website]. US President
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[JURIST] The legislative committee of the Israeli cabinet [official website] on Sunday rejected a bill that would make a declaration of allegiance to a "Jewish, Zionist and democratic" Israel a prerequisite to the issuance of a national identity card. The measure was proposed last week by Knesset [official website] member David Rotem of the Israel Beytenu [official websites] party, which was the
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[JURIST] The US Supreme Court [official website; JURIST news archive] issued opinions in two cases on Monday. In Bobby v. Bies [Cornell LII backgrounder; JURIST report], the Court ruled [opinion, PDF] unanimously that a post-conviction hearing to determine the mental competency of a capital defendant convicted before the Court's 2002 ruling in Atkins v. Virginia [opinion, PDF], which prohibits
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[JURIST] A federal bankruptcy judge on Sunday approved the sale of most of the assets currently held by Chrysler Group to Italian automaker Fiat S.p.A. [corporate websites]. Judge Arthur Gonzales of the US Bankruptcy Court for the Southern District of New York [official website] approved a bankruptcy plan that would transfer 55 percent of Chrysler to a United Auto Workers (UAW) [union website]
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[JURIST] A prosecutor from the Spanish National Court has asked that arrest warrants be issued for three accused Nazi prison guards [JURIST news archive] currently living in the US. Prosecutor Pedro Martinez Torrijos said [DPA report] that Johann Leprich [DOJ press release; JURIST report], Anton Tittjung [AP report] and Josias Kumpf [DOJ press release, PDF] are accomplices to genocide owing to
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[JURIST] The Securities and Exchange Commission (SEC) [official website] on Thursday charged 10 brokers [complaint, PDF; press release] with fraud for misleading customers into investing in high-risk mortgage securities. According the SEC, brokers from the defunct Brookstreet Securities Corporation held out collateralized mortgage obligations (CMO) [SEC backgrounder], which the SEC says are
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[JURIST] A federal court on Thursday upheld the constitutionality [opinion, PDF] of mandatory DNA collection for all persons arrested or detained under federal authority. Judge Gregory Hollows of the US District Court for the Eastern District of California [official website] found that although the collection of DNA from those arrested on federal felony, sexual abuse, or violent crime charges
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[JURIST] The International Court of Justice (ICJ) [official website] on Thursday denied [order, PDF] Belgium's request to compel Senegal to extradite former Chadian president Hissene Habre [BBC profile]. Belgium had accused Senegal of violating international law, including Article 7 of the Convention Against Torture [text], by not trying Habre in Senegal, where he has lived under house arrest
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[JURIST] Amnesty International (AI) [advocacy website] Secretary-General Irene Khan said Thursday that the global economic crisis is exacerbating [press release] the world's human rights failures, urging governments to "invest in human rights as purposefully as they are investing in economic growth." Khan spoke at the release of the 2009 Annual Report [text, PDF; materials], which says that
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[JURIST] The UN Human Rights Council [official website] adopted a resolution [text, DOC] Wednesday "welcoming the conclusion of hostilities" in Sri Lanka, but failing to call for an investigation into war crimes committed during the conflict. Adopted during the 11th special session on human rights [materials], the resolution condemned the Liberation Tigers of Tamil Eelam (LTTE) [JURIST news
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[JURIST] The Knesset [official website], Israel's parliament, on Wednesday approved 47-34 the preliminary reading of a bill that would punish public statements likely to "cause an act of hatred, scorn or disloyalty to the state" with one year in prison. Introduced by MK Zevulun Orlev [official profile] of the Habayit Hayehudi [party website, in Hebrew] party, the bill is aimed at criminalizing
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[JURIST] The Spanish Supreme Court [official website, in Spanish] announced Wednesday that it will accept a challenge [order, PDF, in Spanish] accusing Audiencia Nacional Judge Baltasar Garzon [BBC profile; JURIST news archive] of knowingly giving an unjust verdict or resolution. The decision comes as the result of a complaint filed by Manos Limpias [group website, in Spanish], a union of public
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[JURIST] Former US solicitor general Ted Olson and prominent litigator David Boies [professional profiles] announced [video] Wednesday that they have filed suit [complaint, PDF; motion for injunction, PDF] challenging California's constitutional amendment banning same-sex marriage [JURIST news archive], Proposition 8 [text, PDF], on federal Constitutional grounds. The complaint, filed Friday in
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[JURIST] Tunisian Minister of Justice and Human Rights [official website, in French] Bechir Tekkari announced Tuesday that the country is prepared to accept the return of 10 Tunisians currently detained at Guantanamo Bay [JURIST news archive]. Tekkari said [AFP report] that Tunisia is capable of conducting fair trials and is "entirely happy to welcome [the detainees] and examine their penal
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[JURIST] The Supreme Court of Pakistan [official website] on Tuesday lifted a ban [judgment, PDF] preventing opposition politician and former prime minister Nawaz Sharif [JURIST news archive] from participating in politics. The Supreme Court had barred [JURIST report] Sharif from holding elected office in Pakistan because of an earlier criminal conviction for "hijacking." Sharif was convicted of
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[JURIST] Delegates to Liberia's Truth and Reconciliation Commission (TRC) [official website] have recommended that a war crimes court be established to try individuals accused of committing atrocities during the country's 1989-2003 civil war. Thirteen representatives from each of Liberia's 15 counties met with the TRC during week-long Regional County Consultations to allow the committee an
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[JURIST] The US Supreme Court [official website] issued three opinions on Tuesday. In Montejo v. Louisiana [Cornell LII backgrounder; JURIST report], the Court decided 5-4 to overturn [opinion, PDF] its 1986 decision in Michigan v. Jackson [text], which found that the Sixth Amendment required that police cease interrogations after a suspect had invoked his right to counsel, ruling that the Fifth
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[JURIST] The US Supreme Court [official website] on Tuesday granted certiorari [orders list, PDF] in Merck Co. v. Reynolds [docket; cert. petition, PDF], in which the Court will decide when the statute of limitations begins to run in a securities fraud case under the "inquiry notice" standard. Investors brought a class action suit against the drug maker Merck Co. [corporate website] in
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[JURIST] Representatives of the New Zealand Law Society (NZLS) and the Law Council of Australia (LCA) [official websites] said Monday that the Fijian government's plan to take over the issuance of legal licenses threatens to disrupt the rule of law in the country. In a decree [text, PDF] issued Friday, the government of Fijian Prime Minister Commodore Josaia Voreqe "Frank" Bainimarama [BBC
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[JURIST] Authorities in Myanmar on Thursday closed the trial of pro-democracy advocate and Nobel Laureate Aung San Suu Kyi [BBC profile; JURIST news archive] after briefly opening it to 30 foreign diplomats [JURIST report] Wednesday. UN Secretary General Ban Ki Moon [official website] said Wednesday that he plans to visit Myanmar "as soon as possible" to urge the release of Suu Kyi and other
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[JURIST] US President Barack Obama [official profile] on Thursday reaffirmed [speech transcript] his commitment to closing the Guantanamo Bay detention facility while upholding the rule of law by trying some detainees in federal courts and others in modified military commissions [JURIST news archives]. In a speech focusing on national security issues at the National Archives [official website],
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[JURIST] The Constitutional Court of Slovakia [official website] ruled [press release, PDF, in Slovak] Wednesday that the Special Court, established to try corruption and organized crime cases, violates the Slovak Constitution [text, PDF]. The Constitutional Court found that the ability of the National Security Authority (NBU) [official website] to revoke the security clearances of Special Court
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[JURIST] A Canadian man pleaded guilty [press release] Wednesday to one count of conspiring to provide material support to al Qaeda [JURIST news archive] before a federal court. Mohammed Abdullah Warsame, a Canadian citizen of Somali descent, was charged with one count of conspiracy to provide material support [18 USC § 2339B] to al Qaeda, one count of providing material support to al Qaeda, and
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[JURIST] Authorities in Myanmar on Wednesday granted 39 foreign diplomats and journalists limited access to the trial of pro-democracy advocate and Nobel Laureate Aung San Suu Kyi [BBC profile; JURIST news archive]. Suu Kyi met briefly with representatives of Thailand, the chair of the Association of Southeast Asian Nations (ASEAN); Russia, the current president of the UN Security Council [
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[JURIST] Members of the US Senate [official website] on Tuesday voted 90-6 [roll call] to approve an amendment [S AMDT 1133 materials] eliminating $80 million from pending legislation intended to fund the closure of the Guantanamo Bay [JURIST news archive] detention facility. Introduced by Senate Appropriations Committee chairman Daniel Inouye (D-HI) [official websites] and co-sponsored by five
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[JURIST] A judge in the US District Court of New Jersey [official website] dismissed [opinion, PDF] a lawsuit Tuesday brought by the Constitutional Litigation Clinic at the Rutgers School of Law [academic website] alleging that former president George W. Bush [official profile] violated Congress's constitutional power [Article I § 8 text] to declare war by initiating a preemptive war against the
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[JURIST] The Colombian Senate [official website] on Tuesday approved [press release, in Spanish] a proposal to hold a referendum on amending the country's constitution [text, in Spanish] to allow for a third presidential term. Passed by a vote of 62-5, the measure would allow current two-term Colombian President Alvaro Uribe [official profile; JURIST news archive] to seek a third presidential
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[JURIST] The Bolivian Supreme Court of Justice [official website, in Spanish] on Monday opened the trial of former president Gonzalo Sanchez de Lozada [TrialWatch profile] in connection with the deaths of 63 anti-government protesters [AI backgrounder] in October 2003. Sanchez de Lozada and 17 other former government officials face genocide charges related to incident, for which he faces 30
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[JURIST] A coalition of progressive organizations Monday filed disciplinary complaints with five state bar associations seeking the disbarment [materials] of 12 former US government officials associated with the legal rationales behind the Bush administration's use of enhanced interrogation techniques [JURIST news archive]. Complaints filed by the Velvet Revolution [advocacy website] with the bar
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[JURIST] The US Supreme Court [official website; JURIST news archive] on Monday ruled [opinion, PDF] 5-4 in Ashcroft v. Iqbal [JURIST report] that a complaint filed against former US Attorney General John Ashcroft, FBI Director Robert Mueller [official profiles] and other officials by a terrorism suspect failed to adequately state a claim under Federal Rule of Civil Procedure 8 [text] and the
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[JURIST] The England and Wales Court of Appeal (Civil Division) on Monday ruled [judgment text] that the European Convention on Human Rights (ECHR) [text] applies to UK troops serving abroad. The court found that the UK's obligation under the Human Rights Act of 1998 [text], which implemented the ECHR in the UK, extends in some cases beyond territorial jurisdiction, including foreign service by
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[JURIST] The US Supreme Court [official website; JURIST news archive] Monday ruled [opinion, PDF] 7-2 in ATT Corp. v. Hulteen [Cornell LII backgrounder; JURIST report] that companies do not violate the Pregnancy Discrimination Act (PDA) [EEOC backgrounder] by failing to award employees credit for maternity leave taken before the act's effective date. The Court found that although the method of
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[JURIST] A federal judge on Friday dismissed [opinion, PDF] a lawsuit against the Department of Homeland Security (DHS) [official website] that sought to block construction of a fence along the US-Mexico border. The Texas Border Coalition [advocacy website], a group of Texan officials and business owners, filed suit [JURIST report] last year challenging the condemnation of land for the
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[JURIST] Ted Sorensen, former special counsel to US President John F. Kennedy, said in a commencement address [Lincoln Journal Star report] at the University of Nebraska College of Law [official website] Saturday that lawyers from the Department of Justice (DOJ) [official website] who authorized the use of enhanced interrogation techniques had "disgraced not only their country but their
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[JURIST] Former Bangladeshi foreign minister Morshed Khan began serving as a 13-year sentence on Sunday, after surrendering to a Dhaka court. Khan, who served from 2001 to 2006 under former Prime Minister Begum Khaleda Zia [profile] was convicted [Reuters report] last September of illegally amassing nearly $250,000 by the country's Anti-Corruption Commission (ACC) [governing statute]. Khan fled
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[JURIST] A Spanish judge has said that he will ask the US if it plans to prosecute six US officials for allegedly contributing to torture at Guantanamo Bay [JURIST report] before deciding whether to open an investigation in Spain. Judge Eloy Velasco of Spain's Audiencia Nacional on Monday requested [text, TIFF, in Spanish] information from the US about potential charges against six former
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[JURIST] A London High Court [official website] judge said Wednesday that the court will issue an order for the release of classified US intelligence relating to the detention of Binyam Mohamed [Reprieve profile; JURIST news archive] if the UK government does not request the information within seven days. Lord Justice John Thomas said [McClatchy report] that UK Foreign Secretary David Miliband [
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[JURIST] The US Supreme Court [official website; JURIST news archive] on Tuesday heard oral arguments [day call, PDF; briefs] in two cases. In Safford United School District No. 1 v. Redding [oral arguments transcript; JURIST report], the Court will consider whether the Fourth Amendment prohibits public school officials from conducting a strip search of a student suspected of possessing and
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[JURIST] UN High Commissioner for Human Rights Navi Pillay [official profile] on Wednesday urged [press release] Fijian President Ratu Josefa Iloilo [official profile] to reinstate dismissed judges and lift media restrictions imposed after Iloilo suspended [JURIST report] the country's constitution. Pillay said that the 5-year interim government declared by Iloilo and the reappointment [JURIST
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[JURIST] US Attorney General Eric Holder [official profile; JURIST news archive] said Wednesday that America needs to renew its commitment to the rule of law [prepared remarks] in fighting international terrorism and protecting national security. In an address to the West Point Center for the Rule of Law [official website], Holder praised lawyers from the Judge Advocate General Corp defending
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[JURIST] Former Qwest Communications [corporate website] CEO Joseph Nacchio [JURIST news archive] on Tuesday began serving a six-year sentence for insider trading after the US Court of Appeals for the Tenth Circuit [official website] denied [order, PDF] Monday his request [motion, PDF] to postpone imprisonment. Nacchio had argued that his surrender date should be delayed pending an appeal to the
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[JURIST] The Court of Appeal of Fiji ruled Thursday that the country's appointment of a military government following a 2006 coup [JURIST report] was unconstitutional and must be replaced immediately by an interim prime minister until democratic elections can be held. Ousted Fijian prime minister Laisenia Qarase [BBC profile; JURIST news archive] brought the challenge against a November High
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[JURIST] A Lebanese judge on Wednesday ordered the transfer of documents related to the assassination of former Lebanese Prime Minister Rafiq Hariri [JURIST news archive] to a UN tribunal created to investigate and try suspects in the killing. Judge Sakr Sakr's order [AFP report] comes in response to a request [order, PDF; JURIST report] issued last month by the UN Special Tribunal for Lebanon (