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General overseeing prison abuse investigation asks to be removed Chris Buell on 6/10/2004 09:41:49 AM The top general in Iraq, Army Lt. Gen. Ricardo Sanchez, has asked to be replaced as the senior officer overseeing the investigation into military intelligence officers' actions at Abu Ghraib prison. The Defense Department made the announcement last night. Sanchez also requested that a higher-ranking officer take over the lead in the probe from Army Maj. Gen. George Fay. A Pentagon spokesman said the move was designed to open up the investigation to include higher-ranking officials in Iraq who could not have been investigated by a lower-ranking officer. Some questioned whether the initial appointments were designed to contain the investigation to lower levels. Sanchez has previously denied having knowledge of the prison abuses until it was reported to him in January. 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 Former Mitsubishi head, execs arrested for covering up defects Chris Buell on 6/10/2004 09:14:54 AM The former president of Mitsubishi Motors and five other executives for the company have been arrested in Japan for allegedly covering up defects in a truck model that led to a driver's death. Katsuhiko Kawasoe, who resigned in 2000 after the company admitted it had covered up the vehicle defect, is charged with negligence for failing to recall the faulty trucks despite knowledge of the problem. The scandal has led the company to recall more than 1 million vehicles since it was uncovered in 2000. Japanese police arrested seven company executives last month in connection with the investigation. BBC News 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, June 10 Zak Shusterman on 6/10/2004 08:45:51 AM Here are some of the legal stories featured in Thursday's foreign press.... eTaiwan News reports the Cabinet has approved a bill to establish an integrated land management system. The law is a national expansion of the successful system already in place in Ilan County. While the law gives the national government control over sustainable development projects, it grants local governments a significant role in planning and implementing more regional projects.... In Russia, the Moscow Times features a Supreme Court order for retrial of a physicist accused of spying for China. Following a four year trial, a jury acquitted Valentin Danilov in December 2003. On appeal, prosecutors convinced the Court that defense attorneys unfairly referred to inadmissible evidence. Danilov's prosecution has been criticized as an FSB effort to tighten control over scientists' contacts with foreign nationals.... South Africa's Independent Online covers government reaction to a Pretoria High Court's refusal to order extradition of alleged mercenaries from Zimbabwe. The 70 South Africans are being held for plotting a coup d'etat in Equatorial Guinea. The government has admitted having inadequate evidence for a domestic prosecution. 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 major papers ~ Thursday, June 10 Rebecca Wolford on 6/10/2004 08:44:27 AM Thursday's New York Times leads with articles on the Bush administration's support of Bell companies in their case regarding network access fees, and on a request for Defemse Secretary Donald Rumsfeld to take over the Iraqi prison abuse investigation so that the highest ranking military officials may be questioned. The NYT also reports on a hearing in Oregon investigating whether Portland General Electric, a unit of Enron, fraudulently collected more than $665 million, continued problems with felon voting in Florida, new develeopments in the Laci Peterson trial, and suits filed by former Iraqi prisoners against private companies that worked in the prisons. The Washington Post leads with a report that US, British and Saudi governments are investigating allegations that Libyan leader Moammar Gaddafi launched a plot to assassinate the ruler of Saudi Arabia with the help of a man from Falls Church, VA. The Post includes other articles about the release of medical records to Military interrogators at the US detention facility at Guantanamo Bay, Cuba, resistance to new tax laws by religious groups and liberals, SCO Group Inc.'s battle with IBM, government agencies and more than 1,500 other firms over use of Linux software, and jury deadlock in the case against a Saudi grad student accused of soliciting terrorism support over the internet. The Los Angeles Times highlights arrests of suspected illegal immigrants as a result of a new policy allowing border patrol sweeps, and features an update on the Nichols trial. 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, June 10 Maryam Shad on 6/10/2004 08:00:08 AM In Thursday's US law and business press, the National Law Journal reports on a growing trend for family court judges to limit procreation in an effort to reform parents who fail to provide for their children.... According to the Miami Daily Business Review, FL Congressman Robert Wexler is calling for an investigation of FL Secretary of State Gloria Hood and her staff to determine when they learned about problems with Florida's touch-screen voting machines.... The ABA Journal reports that defense attorneys are questioning the constitutionality of jury instructions designed to help jurors decide how much a defendant should pay.... The Sacramento Business Journal reports that the Bush Administration will not appeal a court decision that removes mandated access to Bell phone lines.... FindLaw's Writ features CA attorney Edward Lazarus's commentary on a little-known recent US Supreme Court opinion in which the Court declined to order the release of a TX man serving six years on a two-year sentence. 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 June 10: This day at law ~ League of Nations convened Bernard Hibbitts on 6/10/2004 12:01:14 AM On June 10, 1920, the League of Nations convened for the first time. It was not formally dissolved until 1946. The United States was never a member. Learn more about the history of the League of Nations. 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Civilian defense contractors sued for abuses at Abu Ghraib prison Pete Vitelli on 6/9/2004 10:40:43 PM Human rights attorneys filed a racketeering lawsuit Wednesday against two civilian defense contractors, Titan Corporation, who provided translators to the US Army, and CACI International, who provided interrogators for the US Army. The suit accuses them of them of conspiring at the Abu Ghraib prison to torture, rape and kill Iraqi prisoners. A Titan spokesperson called the suit frivolous and stated that they have no control over how prisoners were handled. CACI called the suit “slanderous” and “malicious.” The suit calls for payment to the victims’ families and a ban on future government contracts with the two companies. View the complaint [PDF] and this press release from the Center for Constitutional 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 Saddam's lawyers press for access, threaten legal action Jeannie Shawl on 6/9/2004 04:57:24 PM Lawyers for Saddam Hussein, led by Jordanian Mohammad Rashdan, continue their requests to be given access to their client and have threatened to "take the necessary legal measures against any US official who obstructs its action in line with US laws, which give the administration a 20-day deadline" to meet the request. The International Committee of the Red Cross has also been contacted by Saddam's lawyers who have asked for ICRC assistance and a report on Saddam's health. Additionally, a letter has been sent to the Defense Department requesting "access and copies of all records concerning the current whereabouts of former Iraqi President Saddam Hussein and all records concerning his medical condition since his capture," under the Freedom of Information Act. AFP 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 Oregon court reinstates $80 million jury verdict against Philip Morris Jeannie Shawl on 6/9/2004 04:26:58 PM Oregon's Court of Appeals has reinstated an $80 million verdict against Philip Morris over the death of Jesse Williams, who died of lung cancer in 1997. In today's opinion, the court said that the award, which includes $79.5 million in punitive damages, is justified because Philip Morris knowingly marketed a harmful product for decades. The case was remanded to the Oregon court last year when the US Supreme Court ordered that the award be reviewed to ensure that it was not unconstitutionally excessive under standards for punitive damages adopted in State Farm v. Campbell [PDF]. AP has the full story on today's decision. Philip Morris provides this press release on the verdict reinstatement and has background on the litigation. 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 Decision on Sharon indictment to come in next few days Jeannie Shawl on 6/9/2004 03:35:36 PM Israel's attorney general will decide next week whether to indict Prime Minister Ariel Sharon (profile via BBC News) on bribery charges, according to a Wednesday Justice Ministry announcement. If Sharon is indicted over payments made by an Israeli land developer to Sharon's son, the prime minister would likely be forced from office, derailing his newly approved "disengagement" strategy for the Gaza Strip (see this previous report on JURIST's Paper Chase). Reuters has the full story. In a related story, an Israeli court decided Wednesday that Sharon's son should not be charged with contempt of court for failing to provide police with documents in their corruption probe against his father. Experts predict the court's ruling lessens the chances that the prime minister will be indicted. 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 Russian court overturns jury acquittal in espionage case Jeannie Shawl on 6/9/2004 02:45:45 PM Russia's Supreme Court has ordered Russian physicist Valentin Danilov to stand trial again on espionage charges, overturning his earlier acquittal by a jury. Danilov, charged with selling classified information on space technology to China, was one of the country's first high-profile defendants to choose a jury trial after juries were reintroduced in effort to liberalize Russia's legal system. Russia's Supreme Court overturned the acquittal because the defense broke evidence rules by discussing documents ruled inadmissible and leaked information about jury deliberations. AP has the full story. The Moscow Center for Prison Reform provides an overview of jury trials in Russia. 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 SEC suspends trading in 26 companies in compliance crackdown Jeannie Shawl on 6/9/2004 02:35:09 PM The Securities and Exchange Commission has suspended trading in shares of 26 small companies because they failed to file required periodic financial reports, marking the first time the agency has made such a move. In addition, the SEC began administrative proceedings the 26 companies and five others seeking the suspension or termination of their registration to issue securities. AP has more. The SEC has this release announcing the trading suspensions, as well as two related orders (Order 1 and Order 2). 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 FCC settles with Clear Channel over indecency complaints Jeannie Shawl on 6/9/2004 02:05:08 PM The Federal Communications Commission has reportedly reached a settlement with Clear Channel Communications, estimated at $1.75 million, in order to resolve indecency complaints against Howard Stern and other radio personalities. The settlement has not yet been formally announced. The settlement, which is on top of a $755,000 fine paid earlier this year, will cover proposed fines over Stern's on-air comments and will also cover 10 open investigations and 25 other pending investigations arising from listener complaints against shows aired on Clear Channel stations. 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 Kurds threaten to bolt new Iraq government over UN resolution Jeannie Shawl on 6/9/2004 12:43:58 PM Iraq's major Kurdish parties met Wednesday to consider their response to the decision to not refer to Iraq's interim constitution (the Transitional Administrative Law) in Security Council Resolution 1546, adopted unanimously yesterday evening. Diplomats have said that reference to the constitution was omitted after Shiite cleric Ali al-Sistani predicted "dangerous consequences" if the constitution was mentioned (see this previous report on JURIST's Paper Chase). Kurdish leaders wanted a reference to the constitution included in the resolution because the constitution affirms the principle of federalism. UN Secretary General Kofi Annan has said that although the resolution doesn't explicitly refer to the Iraqi interim constitution, it "does have language that refers to a united federal democratic Iraq." 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 Kurdish lawmakers freed by Turkish court Jeannie Shawl on 6/9/2004 12:13:40 PM Former Nobel peace prize nominee Leyla Zana and three other Kurdish former lawmakers have been released from prison pending the outcome of an appeals court hearing on charges that the four maintained links to Kurdish rebels. Wednesday's decision to free the former parliament members follows an earlier decision to overturn their convictions and conduct a third trial in the case (see this previous report on JURIST's Paper Chase). Reuters 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 Connecticut governor asks state supreme court to block his impeachment testimony Jeannie Shawl on 6/9/2004 10:53:16 AM Connecticut Governor John Rowland has appealed to the state Supreme Court, asking the court to block the Connecticut House Select Committee of Inquiry from forcing him to testify in the ongoing impeachment hearings against him. According to his chief legal counsel, Rowland faces a "choice between complying with an unconstitutional subpoena that treats the governor as a subservient officer or refusing to obey the subpoena and risking both contempt charges and an article of impeachment." AP has more. For more on the impeachment hearings, see this previous report on JURIST's Paper Chase. 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 Final 9/11 Commission report to criticize FBI, intelligence failures Jeannie Shawl on 6/9/2004 10:30:00 AM The National Commission on Terrorist Attacks Upon the United States (also known as the 9/11 Commission) has begun drafting its final report, which is said to criticize the FBI and intelligence agencies for communications breakdowns that allowed the attacks to succeed. During testimony before the Commission earlier this year, former FBI director Louis Freeh placed emphasis on a legal "wall" created by former Attorney General Janet Reno that prevented FBI intelligence investigators from sharing data and information with their criminal counterparts. Read Freeh's testimony [PDF] before the commission and this previous story on JURIST's Paper Chase. In her testimony, Reno said that the effects of the legal "wall" and other restrictions on communications had been exaggerated. Read Reno's testimony [PDF] and Paper Chase's related story. Paper Chase also has additional background on the legal "wall". AP has more on the Commission's draft final report. 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 Former AL chief justice asks Senate to limit courts' jurisdiction in religion cases Jeannie Shawl on 6/9/2004 09:50:33 AM Roy Moore, former Alabama Supreme Court chief justice, in testimony before a Senate Judiciary Committee subcommittee, has said that judges are squelching religious freedom and should be stopped. Moore, who lost his job for failing to remove a Ten Commandments monument from his courthouse, urged Congress to support the proposed Constitution Restoration Act of 2004 [PDF], which would strip the Supreme Court and district courts of any jurisdiction over cases against federal, state or local government officers for acknowledging God as the sovereign source of law, liberty or government. Read Moore's testimony; other testimony and statements are available here. Today's Washington Times 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 Qatar issues first written constitution Jeannie Shawl on 6/9/2004 09:10:43 AM Qatar has issued its first written constitution, which will come into force in 2005. The constitution provides for a partially elected parliamentary body and guarantees freedom of expression, assembly and religion. Qatar News Agency, the state's official agency, has this Wednesday press release. BBC News 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 major papers ~ Wednesday, June 9 Rebecca Wolford on 6/9/2004 08:41:33 AM Wednesday's New York Times highlights Attorney General John Ashcroft's claims that President Bush never ordered a breach of torture laws, the lack of formal training in interrogation for US prison personnel in Iraq , developments in the Peterson and Nichols trials, and Florida's ongoing struggle with purging felons from the voting pool. In technology news, the NYT highlights the not guilty plea of a former vice president and general counsel for Symbol Technologies in a scheme to defraud the company and Microsoft's anticipated win of a temporary stay on EU regulations of their product. USA Today includes articles about E-rate, the Puerto Rico discount school internet connection program plagued by fraud and mismanagement, plans for random searches and ID checks on Boston subway trains, the City of Cleveland's payment of $1.6 to a man who served 13 years in prison for a rape he did not commit, and the swearing in of the first black female federal judge in Florida. The Washington Post highlights the FCC's settlement win of $2 million from Clear Channel Communications Inc. clearing all charges, including those made regarding on-air remarks by Howard Stern, the Supreme Court's rejection of a Colorado voting district restructuring that was criticized for favoring Republicans, and Mel Gibson's film-distribution outfit's suit against Regal Entertainment Group for $40 million, claiming revenue shortchange from "The Passion of the Christ." 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 ~ Wednesday, June 9 Zak Shusterman on 6/9/2004 08:30:33 AM Here are some of the legal stories featured in Wednesday's foreign press.... In Germany, Deutsche Welle reports the Constitutional Court has upheld the nation's strict shopping hours. In fact, the Court was split 4-4, allowing the legislation to stand. The law, which prohibits store openings past eight p.m. or on holidays, was held to be neither discriminatory nor violative of the right to practice one's profession.... Israel's Haaretz covers cabinet support for a new abortion law. Legal abortions will still require submitting requests hospital approval committees. However, the law has resurrected the 'social clause', missing for the last 25 years, which permits abortions for women suffering economic difficulties.... In Russia, Interfax features proposals for passing the law on free economic zones. The law would define zones in which preferences and investor rights fall within special regulation. Such zones are planned in the Far East and in Siberia to attract investment. 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 ~ Wednesday, June 9 Maryam Shad on 6/9/2004 08:00:37 AM In Wednesday's US law and business press, the ABA Journal reports that the founder of LegalMatch, an Internet service which matches clients with attorneys, has been indicted for allegedly hacking into a competitor's telephone system.... The Connecticut Law Tribune reports that a CT Superior Court judge has upheld a reprimand against an attorney who concealed the fact of a client's death from opposing counsel.... The Legal Times reports that a women's rights group is asking the US Supreme Court to review a case which could expand Title IX to protect individuals who complain about gender bias, but are not victims themselves.... The New York Law Journal reports on a Second US Circuit Court of Appeals ruling that the public and the press have a qualified right to inspect court docket sheets.... FindLaw's Writ features Columbia law professor Michael C. Dorf's assessment of the late President Ronald Reagan's impact on American law, as well as VA/DC attorney Elaine Cassel's column on an ACLU suit challenging an important section of the USA PATRIOT Act. 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 June 9: This day at law ~ Warren Burger confirmed as US Chief Justice Bernard Hibbitts on 6/9/2004 12:01:40 AM On June 9, 1969, the Senate confirmed Warren Burger as chief justice of the United States, succeeding Earl Warren. Read Chief Justice Burger's own account of the events surrounding the confirmation. 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
Venezuelan president recall referendum announced Maryam Shad on 6/8/2004 08:47:23 PM The Venezuelan elections council has announced that there will be a recall referendum on Hugo Chavez's presidency. The referendum is scheduled for August 15th, allowing the government time to install a new automated voting system. AP has more. Click here for a backgrounder on this 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 Military court lifts stay in Afghanistan bombing case Maryam Shad on 6/8/2004 07:59:14 PM The US Court of Appeals for the Armed Forces on Monday lifted a stay in the case of Major Harry Schmidt, charged with dereliction of duty in the April 2002 accidental bombing of Canadian soldiers in Kandahar, Afghanistan. The judge in Schmidt's case is expected to set a trial date this week. The Canadian Press has more. For background on the case, click 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 BREAKING NEWS ~ UN Security Council unanimously passes Iraq resolution Winston G. Collier on 6/8/2004 06:43:08 PM As predicted earlier today by officials from various member nations, the United Nations Security Council late this afternoon unanimously passed the Iraq resolution proposed by the US and Britain. According to the New York Times, the resolution contains language intended to ensure cooperation and consultation between Iraq's sovereign government and American military forces, but does not allow Iraq to veto American operations. BBC 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 Court says evidence from Cleveland imam was seized illegally Winston G. Collier on 6/8/2004 03:35:00 PM US District Judge James Gwin has held that a search of the Cleveland home of Fawaz Mohammed Damra, a Palestinian-born Islamic cleric accused of terrorist ties and other crimes, was a violation of Damra's Fourth Amendment rights, AP today reports. The decision prevents the prosecution from introducing as evidence a copy of the Palestinian Islamic Jihad manifesto found in the cleric's home. Read the indictment against Damra here [PDF]. 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 German court fines music downloader, more suits to come Winston G. Collier on 6/8/2004 02:44:15 PM A German court today handed the music industry the first of what industry executives hope will be the first of many legal victories against those who pirate music in that country, Deutsche Welle reports. The court ordered a man convicted of illegally downloading music via peer-to-peer software to pay a fine of 8,000 euros plus court costs in the case, one of 68 filed against alleged illegal downloaders in Germany. Elsewhere in Europe, the BBC reports today that eighteen other accused music downloaders have agreed to settle cases brought against them for "several thousand euros each." CNN reports today that the International Federation of the Phonographic Industry plans to file even more suits against alleged music pirates in Denmark, and notes that actions in France, Britain, and Sweden may follow. The music industry's aggressive legal tactics have led to 2,947 suits to date against those suspected of illegally downloading copyrighted music in the US. The industry estimates its profit losses due to illegal piracy at $2.4 billion worldwide. Read the IFPI's press release 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 UN draft resolution condemns Iran's lack of nuclear cooperation Winston G. Collier on 6/8/2004 02:15:55 PM Britain, France, and Germany today introduced a UN draft resolution "deplor[ing]" Iran's failure to fully cooperate with inspections by the International Atomic Energy Agency. According to AP, the international community continues to raise questions about Iran's compliance with the IAEA regarding the nation's enriched uranium program. Reuters 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 Connecticut considers gubernatorial impeachment Winston G. Collier on 6/8/2004 01:52:48 PM Connecticut lawmakers today began hearings to consider the possible impeachment of Governor John G. Rowland, AP reports. The investigation will focus on alleged ethical violations by the Governor, including the rental and sale of property to businessman Wayne Pratt, who became the recipient of significant state aid and has since been convicted of tax evasion. The hearings follow a judge's decision allowing the ten-member panel to call Rowland as a witness. As reported yesterday on JURIST's Paper Chase, the governor plans to appeal to the Connecticut Supreme Court on concerns over the separation of powers. A brief by Rowland's lawyers is available 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 | |||
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