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Bosnian Serb war crimes suspect eludes NATO capture Bernard Hibbitts on 4/1/2004 11:25:56 AM NATO forces early Thursday failed to capture fugitive Bosnian Serb war crimes suspect Radovan Karadzic (see this BBC profile) in an operation in Pale, Bosnia-Herzegovina, where he had apparently taken refuge. The former Bosnian Serb leader and his general, Ratko Mladic, have been indicted by the International Criminal Tribunal for the Former Yugoslavia for the murder, rape, confinement and deportation of Muslim civilians during the brutal Bosnian wars of the 1990s. The text of the original indictment against them is here. AP has more. Some three thousand Serbs later marched in Pale to protest the raid, during which a priest and his son were wounded. AP has this update.  Read the latest legal news | link this post | e-mail this post | IM this post | go to JURIST Edited at the University of Pittsburgh School of Law | JURIST's Paper Chase © 2004 Spanish court papers name Tunisian as "leader" of Madrid bombings terror group Bernard Hibbitts on 4/1/2004 11:06:59 AM Spanish court papers made available Thursday identify a Tunisian, Sarhane ben Abdelmajid Fakhet, as the "leader and co-ordinator" of the group responsible for the March 11 train bombings in Madrid that killed 191 people and injured over 1800. Fakhet was one of six persons named yesterday in an international arrest warrant issued by Spanish authorities. BBC News has more. Madrid's El Mundo newspaper offers additional local coverage in Spanish. Read the latest legal news | link this post | e-mail this post | IM this post | go to JURIST Edited at the University of Pittsburgh School of Law | JURIST's Paper Chase © 2004 President Bush signing fetal rights bill Candice Roth on 4/1/2004 10:47:26 AM President Bush is scheduled to sign into law the Unborn Victims of Violence Act at an elaborate Rose Garden ceremony today, making it a crime to harm a fetus during an assault on a pregnant woman. Critics of the bill claim it will have sweeping consequences, and may be a step towards taking away abortion rights. AP has more. Read the latest legal news | link this post | e-mail this post | IM this post | go to JURIST Edited at the University of Pittsburgh School of Law | JURIST's Paper Chase © 2004 Law in the foreign press ~ Thursday, April 1 Zak Shusterman on 4/1/2004 09:59:14 AM Legal stories featured in Thursday's foreign press... EFENews reports Spain's National Court has issued an international arrest warrant for the arrest of a Tunisian suspected of orchestrating the March 11 Madrid rail bombings. The warrant also describes the suspect as a 'catalyst' in inciting jihad (holy war) among the many already arrested suspects.... In the United Arab Emirates, the Khaleej Times features a new federal Financial Free Zones Law. Businesses in the zones will require special licensing and will be subject to stricter corporate governance requirements. Read the latest legal news | link this post | e-mail this post | IM this post | go to JURIST Edited at the University of Pittsburgh School of Law | JURIST's Paper Chase © 2004 US law and business press review ~ Thursday, April 1 Maryam Shad on 4/1/2004 06:53:42 AM In Thursday's US law and business press, the ABA Journal reports on Brown v. Board of Education at 50.... The American Lawyer features the 2004 Corporate Scorecard, its annual ranking of top transactional practices.... The Memphis Business Journal reports that Memphis-based law firm Baker Donelson Bearman Caldwell & Berkowitz has established an office in Iraq to better serve its international clients in the region.... The New York Law Journal reports that due to privacy concerns, the Second US Circuit Court of Appeals has ordered a review of different techniques to track a convicted child pornographer's computer activities.... FindLaw's Writ features CA attorney Edward Lazarus's column on Justice Antonin Scalia's memorandum defending his participation in the Cheney case, as well as MA attorney Noah Sachs's guest column about both sides claiming victory after a Supreme Court Clean Water Act decision. Read the latest legal news | link this post | e-mail this post | IM this post | go to JURIST Edited at the University of Pittsburgh School of Law | JURIST's Paper Chase © 2004 April 1: This day at law ~ First US wartime conscription law took effect Bernard Hibbitts on 4/1/2004 12:01:09 AM On April 1, 1863, in the midst of the Civil War, the first wartime conscription law passed in the United States went into effect. It included a clause allowing a person to pay $300 to avoid military service, a controversial "rich man's" exception that precipitated the July 1863 New York City Draft Riots. The riots, the worst in US history to that point, killed as many as 100 people and had to be quelled by troops, some of whom had recently fought at the Battle of Gettysburg. Learn more about the Draft Riots. Read the latest legal news | link this post | e-mail this post | IM this post | go to JURIST Edited at the University of Pittsburgh School of Law | JURIST's Paper Chase © 2004
Federal courts brief ~ Card shark's sentence for extraordinary eyesight reduced Matthew Shames on 3/31/2004 09:53:08 PM In Wednesday's federal courts roundup, the US Ninth Circuit Court of Appeals ordered the sentence of a convicted card shark reduced, rejecting the claim that he had "extraordinary eyesight." After pleading guilty, Jing Bing Liang originally recieved a 27 month sentence, which included time for a "special skills enhancement." The appeals court noted that the special skills enhancement is usually reserved for people who use their trades to commit crimes, such as lawyers, doctors, and pilots. AP has the full story. Read the opinion here [PDF].... As reported earlier on JURIST's Paper Chase, the US Supreme Court heard arguments on how much freedom law officers should have in searching vacant cars.... Also reported earlier on JURIST's Paper Chase, the high court heard arguments on whether an employee who voluntarily resigns due to persistent sexual harassment should have the same right to sue as an employee who was terminated. Read the latest legal news | link this post | e-mail this post | IM this post | go to JURIST Edited at the University of Pittsburgh School of Law | JURIST's Paper Chase © 2004 International law brief ~ UN treaty on biodiversity to become law Jeannie Shawl on 3/31/2004 08:36:15 PM In international law news Wednesday, following ratification by 12 European countries and the European Community, the International Treaty on Plant Genetic Resources for Food and Agriculture is set to enter into force on June 29. The treaty is meant to ensure that plant genetic resources for food and agriculture are used in a sustainable manner and that benefits from their use are fairly distributed. The UN Food and Agriculture Organization has this press release. Bloomberg has more.... The International Criminal Court has been asked to investigate Venezuelan President Hugo Chavez for crimes against humanity, which include politically motivated killings and torture. Reuters has more. The US State Department released this report on Venezuela's human rights practices in February.... EU justice and interior ministers have agreed to set common standards for defining who can qualify for asylum in the EU, but have failed to reach an agreement on how to handle people refused refugee status. AP has more. As previously reported on JURIST's Paper Chase, UN officials have called proposed revisions to current EU asylum law contradictory to international law.... Finally, as previously reported on JURIST's Paper Chase, the International Court of Justice has ruled that the US violated the rights of 51 Mexicans on death row by not advising them of their right to assistance from their government. The ICJ ruled that the US should provide a meaningful review of the conviction and sentence of the Mexicans. For all but three cases, this review may be carried out under the normal appeals process; in the three cases where all normal appeals have been exhausted, the US should create an exception and review those cases an additional time. Mexico's ambassador to the US welcomed the ICJ decision as a vindication of international law. AP has the full story. Read the latest legal news | link this post | e-mail this post | IM this post | go to JURIST Edited at the University of Pittsburgh School of Law | JURIST's Paper Chase © 2004 DOJ brief ~ Justice Department intervenes to protect Muslim girl's right to wear headscarf to school Justine Stefanelli on 3/31/2004 08:34:23 PM Here's Wednesday's legal news from the US Department of Justice. The DOJ has filed a motion to intervene in a Muslim family's lawsuit against an Oklahoma public school to protect their daughter's right to wear a headscarf to school. The sixth-grade girl was suspended twice for refusing to remove the scarf after being told that it violated the school's dress code. Assistant Attorney General R. Alexander Acosta said in a statement: No student should be forced to choose between following her faith and enjoying the benefits of a public education... We certainly respect local school systems’ authority to set dress standards, and otherwise regulate their students, but such rules cannot come at the cost of constitutional liberties. Religious discrimination has no place in American schools.The DOJ complaint alleges that the school violated the equal protection clause by applying the dress code inconsistently and discriminately. The Department of Justice has issued a press release. AP has more.... And as reported earlier today on JURIST's Paper Chase, Attorney General John Ashcroft has returned to work and resumed his official departmental duties after recuperating from gallbladder surgery. Read the latest legal news | link this post | e-mail this post | IM this post | go to JURIST Edited at the University of Pittsburgh School of Law | JURIST's Paper Chase © 2004 Law schools brief ~ Cooley sues ABA for blocking accreditation of new programs Adam Henry on 3/31/2004 07:19:07 PM In yet another accreditation controversy, Thomas M. Cooley Law School has filed suit in a Michigan district court, seeking to enjoin the American Bar Association from blocking accreditation of its new, two-year satellite programs at Oakland and Western Michigan Universities (see JURIST's report on expansion of the former program). In its press release, the Lansing-based law school claims that its new programs exceed accrediting requirements and alleges that the ABA's inaction "unfairly hinders qualified law students from receiving a quality legal education and could ultimately prevent them from serving as lawyers in law firms, government agencies, companies and other organizations." Cooley offers site inspection reports, action letters, pleadings, and a complaint timeline at its website here. Elsewhere around the law school horn: Pace Law School has announced the appointment of corporate lawyer Stephen J. Friedman as its newest dean, effective July 1. The University of Houston Law Center announces its team's mock trial victory in the prestigious National Trial Competition in Austin, TX. The University of Wisconsin Law School announces its receipt of a $7 million gift from the estate of alumnus Frederick W. Miller, to be used to create the school's first endowed deanship. The Daily Texan reports on a lecture by affirmative action opponent Roger Clegg at the University of Texas School of Law, decrying distortion of the meaning of "affirmative action" since its debut in a 1961 executive order. And finally, the Japan Times reports Wednesday on the imminent opening of 68 new Japanese law schools that will operate on the US model of practical legal education. Read the latest legal news | link this post | e-mail this post | IM this post | go to JURIST Edited at the University of Pittsburgh School of Law | JURIST's Paper Chase © 2004 BREAKING NEWS ~ Martha Stewart lawyers seek new trial, saying juror lied about criminal record Bernard Hibbitts on 3/31/2004 05:35:05 PM WNBC-TV in New York City is reporting that Martha Stewart's lawyers have asked for a new trial on the grounds that one of the jurors in the original proceeding that led to her conviction lied during jury selection about his criminal record. Read the latest legal news | link this post | e-mail this post | IM this post | go to JURIST Edited at the University of Pittsburgh School of Law | JURIST's Paper Chase © 2004 Environmental brief ~ Study criticizes EPA over enforcement of clean water rules Joseph Devine on 3/31/2004 05:04:57 PM In environmental law news for Wednesday, the Washington Post reports that a study [PDF] released by the US Public Research Interest Group has stated that more than 60 percent of all major facilities in the US exceeded permits mandated by the Clean Water Act between 2002 and 2003. The report places most of the blame on the EPA for failing to act against any of the widespread violations. Richard Caplan, the author of the study, has stated that "The numbers point out that enforcement is not a priority for this administration, and clearly little to nothing is being done to deter polluters from breaking the law"... In other news, Cincinnati based AK Steel has settled lawsuits filed against it by the Ohio Environmental Protection Agency stemming from a series of alleged clean air violations. The settlement with the state agency was reached after AK Steel agreed to install the pollution control equipment earlier than planned, meeting standards of the Clean Air Act by May 2005, one year ahead of the federal compliance date. AP has more... The Washington Times reports that Senators Joe Lieberman and John McCain have reintroduced a bipartisan bill aimed to curb global warming. Although they had a similar bill defeated last year, McCain and Lieberman expect a different outcome this year as the provisions have garnered bipartisan support and are backed by numerous studies. It is expected that the bill will have to be introduced as an amendment, perhaps to the stalled energy bill. Read the latest legal news | link this post | e-mail this post | IM this post | go to JURIST Edited at the University of Pittsburgh School of Law | JURIST's Paper Chase © 2004 Senate Dems may block Bush HUD nominee to protest judicial recess appointments Amit Patel on 3/31/2004 04:16:59 PM Senate Democrats are threatening to block President Bush's nominee, Alphonso Jackson, for Secretary of Department of Housing and Urban Development in protest of White House appointments of federal judges while Congress was in recess. Earlier, the Senate Banking, Housing and Urban Affairs Committee had voted unanimously to elevate Jackson from his current position as the agency's top deputy. The nomination was sent to the full Senate for approval. Senate Minority Leader Tom Daschle has threatened to hold up all federal nominees as a way to punish Bush for his out of session appointment of Charles Pickering and Alabama Attorney General William Pryor to federal appellate courts. AP has more. Read the latest legal news | link this post | e-mail this post | IM this post | go to JURIST Edited at the University of Pittsburgh School of Law | JURIST's Paper Chase © 2004 US Supreme Court considers legality of car search Amit Patel on 3/31/2004 04:02:10 PM The US Supreme Court Wednesday heard arguments on how much freedom law officers should have in searching vacant cars. Under the current rule, police are allowed to search a car when arresting someone in a vehicle suspected of wrongdoing without a warrent. In Thornton v. United States (case backgrounder from Duke Law School's Program in Public Law), officers found drugs in the Thornton's pocket in a parking lot. An officer then conducted a search of the nearby car and found a gun under the seat. Thorton's lawyer argued that the search of the car is an unreasonable search and therefore violates his client's constitutional rights. The district court found this to be a legal search and the 4th Circuit affirmed the decision. Read the 4th Circuit decision appealed from here[PDF]. AP has more. Read the latest legal news | link this post | e-mail this post | IM this post | go to JURIST Edited at the University of Pittsburgh School of Law | JURIST's Paper Chase © 2004 Annan to intercede in Cyprus reunification as Greece-Turkey talks fail Amit Patel on 3/31/2004 03:24:55 PM Turkish and Greek negotiators failed to agree Wednesday on a plan to reunify Cyprus ahead of its entry into the EU. The failure to come to an agreement has left UN Secretary-General Kofi Annan with the task of formalizing a plan and putting it to the voters of the divided island. The plan must be approved by both sides for reunification and entry into the EU to occur. Cyprus split into two areas, the Greek controlled south and the Turkish controlled north, when Turkey invaded the island in 1974 to quell a coup by supporters of a union with Greece. Previous drafts of Annan's plan envisions separate Greek and Turkish states linked by a weak federal government. The UN currently employs 1200 peacekeepers on the island. Read the Annan plan here. Read more about how the crisis unfolded here. AP has more. Read the latest legal news | link this post | e-mail this post | IM this post | go to JURIST Edited at the University of Pittsburgh School of Law | JURIST's Paper Chase © 2004 Cyberspace law brief ~ Canadian judge says file-swapping not illegal Matt Jacobs on 3/31/2004 03:04:08 PM In cyberspace law news Wednesday, the Federal Court of Canada ruled Wednesday that the Canadian Recording Industry Association (CRIA) may not pursue lawsuits against individuals who make music available online. Justice Konrad von Finckenstein said that the CRIA did not prove there was copyright infringement by 29 so-called music uploaders. The court held that downloading a song or making files available in shared directories, like those on KaZaa, does not constitute copyright infringement under Canadian copyright law. Read the order here [PDF]. The Toronto Star has the full story here. Watch a video report on the surprising decision from CTV here.... In other news, the San Jose Mercury News reports that that US music industry, despite its legal battles against file-sharing, is itself taking advantage of P2P filesharing data in order to gain information about the popularity of newly released songs. Read the latest legal news | link this post | e-mail this post | IM this post | go to JURIST Edited at the University of Pittsburgh School of Law | JURIST's Paper Chase © 2004 Corporate brief ~ SEC settles with MFS for $50 million Amit Patel on 3/31/2004 02:39:37 PM In Wednesday's corporations and securities law news, MFS Investment Management will pay a fine of $50 million to the SEC to settle allegations that the fund company made hidden payments to brokers who promoted its funds. This fine comes on the heels of the $351 million fine for improper mutual fund trading. Read the SEC press release announcing the deal here. Read the MFS press release here. Bloomberg.com has more.... As a result of intense foreign competition, US textile makers Dan River Inc. announced its plan to file for Chapter 11 bankruptcy and its hope to emerge from bankruptcy court protection by the end of this year. Read the Dan River press release here[PDF]. Click for more information on the reorganization plan here. Reuters has more.... Prosecutors were dealt a blow in the trial of Germany's top banker charged with approving illegal payments in Vodafone's 2000 takeover of mobile phone operator Mannesmann when the chief judge said criminal charges were unwarranted. Since the ruling is preliminary, the trial will go forward. AP has more.... Lawyers for WorldCom are asking the Court of First Instance in Luxembourg to annul the European Union's decision against the proposed $127 billion merger for Sprint Corp. in 2000. Experts see this as an attempt by the company to "wipe the slate clean" for similar transactions in the future. Read the European Union's decision from 2000 here[PDF]. AP has more.... In an attempt to value company stock options, the Financial Accounting Standards Board has proposed a rule that would force US companies to record the value of employee stock options as an expense item in profit and loss statements. Read the proposed rule here. The Financial Times has more.... The SEC is widening its investigation into Metris Companies Inc., a credit card issuer to people with poor credit histories, for the way the company values its ownership stake in bonds secured by pools of credit card loans. AP has more.... Edward Jones' parent company, the Jones Financial Co., announced that the SEC and NASD are each considering enforcement action against the company due to its partnership's mutual fund sales practices. The St. Louis Business Journal has more.... Former Dynegy executive, Jamie Olis, filed a motion with the judge who sentenced him to more than 24 years in prison for fraud last week to cut his sentence. The Houston Business Journal has more.... As previously reported in JURIST's Paper Chase, the US State Department is protesting the antitrust penalties levied by the European Commission against Microsoft. The Washington Post has more. Read the latest legal news | link this post | e-mail this post | IM this post | go to JURIST Edited at the University of Pittsburgh School of Law | JURIST's Paper Chase © 2004 State courts brief ~ Wisconsin court deadlocked over gambling Scott Levine on 3/31/2004 02:33:10 PM In Wednesday's state court news, the Supreme Court of Wisconsin has deadlocked over whether casino gambling should be allowed in the state, and in that situation has remanded the case to the state's Fourth District Court of Appeals. KRT has more.... The New Mexico Supreme Court has been asked by the state's attorney general to issue an immediate stay against the Sandoval County clerk who has been issuing marriage licenses to same-sex couples in that state. The Albuquerque Tribune has more .... Finally today, the Supreme Court of Florida has been asked by a consortium of businesses and media to lift a ban on on-line court records. HeraldTribune.com has more. Read the latest legal news | link this post | e-mail this post | IM this post | go to JURIST Edited at the University of Pittsburgh School of Law | JURIST's Paper Chase © 2004 Family law brief ~ South Carolina bill take guns away from domestic violence offenders Melanie Galardi on 3/31/2004 02:29:15 PM In Wednesday's family law news, the South Carolina House Judiciary Committee has approved a bill that would give judges the power to take guns away from any person subject to a restraining order. The bill's sponsor, Rep. Joel Lourie, expects the power will be used extensively in domestic violence cases where restraining orders are commonplace. The measure is expected to help curb domestic homicides, as other states with similar legislation have seen a 10 to 12 percent reduction in them. The power would be given to family court judges and magistrates who issue protective orders as well as any judge setting bond. The determination to take away a gun would be left to the judge on a case-by-case basis. AP has more. Read the latest legal news | link this post | e-mail this post | IM this post | go to JURIST Edited at the University of Pittsburgh School of Law | JURIST's Paper Chase © 2004 US suspends aid to Serbia-Montenegro for not delivering war crimes suspects Bernard Hibbitts on 3/31/2004 02:19:13 PM A US State Department spokesman announced Wednesday that the United States was suspending some $25 million in aid to Serbia-Montenegro for not handing over war crimes suspects to the International Criminal Tribunal for the Former Yugoslavia at The Hague. The spokeman noted that 16 of the suspects - including fugitive Bosnian Serb general Ratko Mladic - were believed to be spending most of their time in Serbia-Montenegro, but had not been brought to justice. US aid had been made contingent on Serbian co-operation with the Hague court, but Serbian leaders, including former President (and now Prime Minister of Serbia) Vojislav Kostunica had recently indicated that they would not make co-operation with The Hague a priority and would pursue a policy of trying Serbian war crimes suspects at home. AP has more. Read the latest legal news | link this post | e-mail this post | IM this post | go to JURIST Edited at the University of Pittsburgh School of Law | JURIST's Paper Chase © 2004 Ashcroft back to work after recuperating from gallbladder surgery Bernard Hibbitts on 3/31/2004 02:04:46 PM US Attorney General John Ashcroft returned to work at the Justice Department Wednesday and resumed his official duties after recuperation from gallbladder surgery that followed his emergency admission to George Washington University Hospital on March 4. The Department of Justice has issued a press release. Read the latest legal news | link this post | e-mail this post | IM this post | go to JURIST Edited at the University of Pittsburgh School of Law | JURIST's Paper Chase © 2004 Supreme Court considers expanding standing to bring harassment suits Adam Henry on 3/31/2004 01:41:17 PM The US Supreme Court heard arguments Wednesday on whether an employee who voluntarily resigns due to persistent sexual harassment should have the same right to sue as an employee who was terminated. The respondent in the case, Nancy Drew Suders, quit a dispatcher position with the Pennsylvania State Police after five months of alleged harassment by male co-workers, sued her employer, and won relief in the Third Circuit Court of Appeals in Suders v. Pennsylvania State Police. Hearing her case on certiorari Wednesday, several Supreme Court justices indicated an unwillingness to redraft the complicated rules for sexual harassment lawsuits. Petitioners argued that doing so would condemn employers to uncertainty and expensive reviews each time an employee resigned. AP has more here. Read the latest legal news | link this post | e-mail this post | IM this post | go to JURIST Edited at the University of Pittsburgh School of Law | JURIST's Paper Chase © 2004 Aristide sues French officials for kidnapping Adam Henry on 3/31/2004 01:11:51 PM Former Haitian President Jean-Bertrand Aristide filed suit in Paris Wednesday alleging that French officials abducted and illegally detained him as part of his ouster in late February. Temporarily in Jamaica, Aristide now plans to file a similar suit in the US against American officials. Paris and Washington were equally vocal in calling for Aristide's departure, but both deny the former president's allegations. Reuters and AFP have more here and here. Read the latest legal news | link this post | e-mail this post | IM this post | go to JURIST Edited at the University of Pittsburgh School of Law | JURIST's Paper Chase © 2004 British bill gives legal recognition to gay partnerships Adam Henry on 3/31/2004 12:47:33 PM A new bill unveiled by Britain Wednesday and expected to be passed by year's end gives legal recognition for the first time to same-sex couples who register their partnerships. While avoiding the words "gay marriage," the Civil Partnership Bill confers upon gay couples the same property, tax, and other rights and responsibilities that their heterosexual counterparts already enjoy. In doing so, it brings Britain in line with nine other European Union countries that legally recognize committed homosexual relationships. BBC has more here. Britain's Christian Institute offers a convenient table comparing civil partnerships to marriages here. Read the latest legal news | link this post | e-mail this post | IM this post | go to JURIST Edited at the University of Pittsburgh School of Law | JURIST's Paper Chase © 2004 China set new rules for US visitors in retaliation for US fingerprinting policy Jeannie Shawl on 3/31/2004 11:53:17 AM China announced Wednesday that it is tightening the rules for US citizens visiting China in response to a US decision to fingerprint Chinese citizens seeking non-immigrant visas. The Chinese Ministry of Foreign Affairs said that US holders of diplomatic passports will have to apply for ordinary visas and pay visa fees when visiting China in a private capacity, and that some US visa applicants will be required to appear for personal interviews at Chinese consular offices in the US. The Chinese Embassy in Washington has issued a statement here. Reuters has more. Read this previous report on JURIST's Paper Chase on China's earlier objections over the US policy that requires non-immigrant visa holders to be fingerprinted. Read the latest legal news | link this post | e-mail this post | IM this post | go to JURIST Edited at the University of Pittsburgh School of Law | JURIST's Paper Chase © 2004 European Parliament says EU-US agreement on air passenger data-sharing violates privacy law Jeannie Shawl on 3/31/2004 11:40:48 AM The European Parliament passed a resolution in Brussels Wednesday insisting that there is no legal basis for the US to force European airlines to provide data on passengers and threatening to challenge a proposed US-EU data-sharing agreement at the European Court of Justice. The resolution noted that requiring airlines to supply commercially gathered data for "public security purposes" is "illegal under member state and EU privacy laws." The EU Parliament also called on the European Commission to negotiate a better deal for European airlines caught between US security demands and EU privacy laws. Read the European Parliament's press release and more from AP. Read the latest legal news | link this post | e-mail this post | IM this post | go to JURIST Edited at the University of Pittsburgh School of Law | JURIST's Paper Chase © 2004 US Supreme Court limits federal mineral rights Jeannie Shawl on 3/31/2004 11:22:48 AM In a decision handed down this morning, the US Supreme Court has held that sand and gravel are not "valuable minerals" reserved to the United States in land grants issued under the Pittman Underground Water Act of 1919. The Pittman Act authorized the Secretary of the Interior to designate certain "nonmineral" Nevada lands on which settlers could obtain permits to drill for water and reserves to the US the right to remove all coal and other "valuable minerals" in the lands. The case is BedRoc Ltd v. United States (case backgrounder from Duke Law School's Program in Public Law). Cornell's Legal Information Institute has posted today's opinion per Chief Justice Rehnquist, along with Justice Thomas' concurrence and Justice Stevens' dissent. Read the latest legal news | link this post | e-mail this post | IM this post | go to JURIST Edited at the University of Pittsburgh School of Law | JURIST's Paper Chase © 2004 State Department questions EU's Microsoft ruling Jeannie Shawl on 3/31/2004 10:54:18 AM The US Department of State is engaging in a quiet protest over last week's European Commission decision to levy a $613 million fine and other penalties on Microsoft for antitrust violations. The Commission's decision comes after a US Department of Justice consent decree that includes federal court oversight of Microsoft's business practices. US politicians have been more vocal in their protests over the fine, including Senate Majority Leader Bill Frist who said "I now fear that the United States and EU are heading toward a new trade war - and that the commission's ruling against Microsoft is the first shot." Read the full text of Frist's comments here. Ten members of the House International Relations Committee have written a letter to European Competition Commissioner Mario Monti claiming the decision violates the spirit of a 1991 antitrust cooperation agreement, which was renewed by the Clinton administration in 1998, that says the US should take the lead in overseeing US companies. CNET News has the full story. Read these earlier reports on Paper Chase for more on the European Commission fine, the DOJ reaction, and Microsoft's reaction. Read the latest legal news | link this post | e-mail this post | IM this post | go to JURIST Edited at the University of Pittsburgh School of Law | JURIST's Paper Chase © 2004 Lithuanian ruling that president breached constitution could open door to impeachment Jeannie Shawl on 3/31/2004 10:27:11 AM Lithuania's Constitutional Court ruled Wednesday that President Rolandas Paksas breached the constitution by granting citizenship and leaking classified information to a Russian businessman with links to the Russian mafia who was the main sponsor of Paksas' election campaign. The court's decision opens the door to a parliamentary vote on Paksas' impeachment, which has been mooted for months. BBC News has more on this morning's court decision and on the inquiry into Paksas' constitutional violations. Read the latest legal news | link this post | e-mail this post | IM this post | go to JURIST Edited at the University of Pittsburgh School of Law | JURIST's Paper Chase © 2004 Spanish judge issues 5 international arrest warrants for Madrid suspects Bernard Hibbitts on 3/31/2004 09:40:24 AM A Spanish court official Wednesday said that judge Juan del Olmo, investigating the Madrid train bombings, had issued international arrest warrants for five suspects wanted for questioning and had ordered the rearrest of a Moroccan previously arrested and released. He also said later that a new suspect in the case had been arrested, bringing the number of persons detained to 24. Spanish authorities have announced that they are focusing their efforts now on a Moroccan jihadist organization known as the Moroccan Islamic Combatant Group, various members of which trained at al Qaeda camps in Afghanistan, according to Moroccan officials. AP has more. Madrid's El Mundo has local coverage in Spanish. El Mundo also has an update on the latest arrest. Read the latest legal news | link this post | e-mail this post | IM this post | go to JURIST Edited at the University of Pittsburgh School of Law | JURIST's Paper Chase © 2004 | ||
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