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WORLD LAW Yemen: terrorist haven? Yemeni law takes the spotlight as authorities investigate possible terrorism associated with the recent explosion of a oil tanker off Yemen's coast. MORE WORLD LAW
FAMOUS TRIALS OJ revisited From the JURIST archives - Professor Douglas Linder takes a look back at the 1995 trial of O.J. Simpson for the murder of Nicole Simpson and Ronald Goldman [October 2000]. MORE FAMOUS TRIALS
MILOSEVIC TRIAL Is Slobodan Milosevic getting a fair trial? "As days pass it appears that spanners are constantly thrown into the works to make life difficult for Slobo. However his tenacity has impressed me and his experience in the legal field has helped him along.
..." - Aleksander Misic, Australia JOIN THE DISCUSSION MORE ON WAR CRIMES
PAPERCHASE
New cases, documents, links and updates...
Saturday, September 28, 2002 NEW ON THE WEB... DOJ supplemental FISA appeal brief The US Department of Justice's supplemental brief filed Wednesday in their appeal to the Foreign Intelligence Surveillance Review Court is now online via the Federation of American Scientists [link from How Appealing]. MORE ON JURIST: US DEPARTMENT OF JUSTICE NEWS
Posted by Bernard Hibbitts at 8:27 PM | #
THIS DAY IN LEGAL HISTORY... US Constitution sent to states On this day in 1787, Congress sent the new United States Constitution to state legislatures for their approval.
Posted by Bernard Hibbitts at 7:31 PM | #
Friday, September 27, 2002 NEW ON THE WEB... Moussaoui trial: unsealed pleadings describe FBI interrogation US Government pleadings unsealed today by order of US District Court Judge Leonie Brinkema provide details about the FBI's arrest and interrogation[PDF] of Zacarias Moussaoui in August 2001. MORE ON JURIST: MOUSSAOUI TRIAL NEWS
Posted by Bernard Hibbitts at 8:46 PM | #
NEW ON THE WEB... Estrada nomination hearing video C-SPAN has posted the full 4-hour+ video of Thursday's Senate Judiciary Committee hearing on the nomination of Miguel Estrada to the DC Circuit Court of Appeals.
Posted by Bernard Hibbitts at 12:00 PM | #
NEW ON THE WEB... Rights groups: Homeland Security bill lacks rights protections [UPDATED]Human Rights Watch expressed concern Friday that the latest version of the Homeland Security bill now under consideration in the Senate (the "Gramm-Miller amendment") fails to include basic internal oversight mechanisms to address potential civil rights abuses by agents and officers of new Homeland Security Department, and eliminates key provisions to protect unaccompanied immigrant children who might be detained. The Leadership Conference on Civil Rights and the Lawyers Committee on Human Rights are opposed to the current Homeland Security legislation on similar grounds. MORE ON JURIST: HOMELAND SECURITY NEWS
Posted by Bernard Hibbitts at 10:48 AM | #
NEW ON THE WEB... School can expel student for derogatory website The Pennsylvania Supreme Court has ruled[PDF] that a local School District did not violate a student's First Amendment rights by expelling him for creating a derogatory Web site setting out reasons why one of his teachers should die. MORE ON JURIST: CASES & STATUTES
Posted by Bernard Hibbitts at 8:39 AM | #
NEW ON THE WEB... Death penalty system broken, says former 6th Circuit Chief Judge Speaking Thursday to a Federal-State Judicial Conference sponsored by the Tennessee Bar Association, former Chief Judge (now Senior Judge) Gilbert Merritt of the US Sixth Circuit Court of Appeals said the American capital punishment system had broken down in 1972 in the wake of the US Supreme Court's ruling in Furman v. Georgia, and is still broken. MORE ON JURIST: DEATH PENALTY NEWS
Posted by Bernard Hibbitts at 8:23 AM | #
NEW ON THE WEB... Cincinnati "drug exclusion zone" found unconstitutional [UPDATED] In a 2-1 split decision the US Sixth Circuit Court of Appeals ruled Thursday that a Cincinnati law that set up a "drug exclusion zone" in the city off-limits to former drug offenders is unconstitutional. The ACLU, which first challenged the ordinance in a federal lawsuit filed four years ago, welcomed the decision as recognizing an individual's constitutional right to travel freely. MORE ON JURIST: CASES & STATUTES
Posted by Bernard Hibbitts at 8:11 AM | #
THIS DAY IN LEGAL HISTORY... Warren Commission finds Oswald acted alone On this day in 1964 the Warren Commission, chaired by US Chief Justice Earl Warren, released its final report concluding that Lee Harvey Oswald was the lone assassin of the late President John F. Kennedy. Wesley Liebeler, counsel to the Commission and later a law professor at UCLA and George Mason, died this past Wednesday in the crash of a small plane in New Hampshire.
Posted by Bernard Hibbitts at 7:53 AM | #
Thursday, September 26, 2002 NEW ON THE WEB... Moussaoui trial: US scrambled for classified material handed over by mistake [UPDATED] Orders and pleadings unsealed Thursday by order[PDF; with attachments] of US District Judge Leonie M. Brinkema reveal a protracted and intrusive government scramble[PDF] through August and September to retrieve multiple classified documents and CDs mistakenly handed over to Zacarias Moussaoui. In another order[PDF] Thursday, Judge Brinkema rejected the defendant's request that the court issue a “gag” order preventing the Federal Public Defender, Frank Dunham, from making any public statements about the case. MORE ON JURIST: MOUSSAOUI TRIAL NEWS
Posted by Bernard Hibbitts at 6:34 PM | #
NEW ON THE WEB... Milosevic trial resumesThe Hague war crimes trial of former Yugoslav President Slobodan Milosevic resumed Thursday, with the prosecution opening its case on Croatia and Bosnia and Herzegovina. MORE ON JURIST: MILOSEVIC TRIAL NEWS
Posted by Bernard Hibbitts at 6:03 PM | #
NEW ON THE WEB... ACLU says Padilla's detention without charges violates rights In an amicus brief[PDF] filed today in US District Court in Manhattan, the American Civil Liberties Union argued that detention of alleged "dirty bomber" Jose Padilla, a US citizen, violates his Fifth Amendment right to due process and that the US government cannot evade that right by designating Padilla as an enemy combatant[PDF]. MORE ON JURIST: PADILLA 'DIRTY BOMBER' CASE NEWS
Posted by Bernard Hibbitts at 3:18 PM | #
NEW ON THE WEB... President reviews corporate fraud initiatives President Bush reported Thursday on steps his administration is taking to fight corporate fraud.
Posted by Bernard Hibbitts at 2:51 PM | #
NEW ON THE WEB... Ridge weighs in on Homeland Security debate Speaking Thursday to the US Conference of Mayors, Homeland Security Director Tom Ridge urged the US Senate to pass a version of the Homeland Security bill that would give the President more discretion to hire and fire personnel. MORE ON JURIST: HOMELAND SECURITY
Posted by Bernard Hibbitts at 2:40 PM | #
NEW ON THE WEB... Estrada nomination hearing [UPDATED] The Senate Judiciary Committee held a hearing on judicial nominations Thursday, including the nomination of Miguel Estrada to the US Court of Appeals for the DC Circuit. The opening statement of Committee chair Senator Patrick Leahy is now online.
Posted by Bernard Hibbitts at 8:38 AM | #
THIS DAY IN LEGAL HISTORY... First Chief Justice of the United States commissioned On this day in 1789, John Jay was commissioned as the first Chief Justice of United States following his confirmation by the Senate. MORE ON JURIST: SUPREME COURT NEWS
Posted by Bernard Hibbitts at 8:32 AM | #
Wednesday, September 25, 2002 NEW ON THE WEB... Estrada hearing prompts last-minute lobbying [UPDATED] The Senate Judiciary Committee's scheduled Thursday hearing for Bush DC Circuit Court of Appeals nominee Miguel Estrada prompted last-minute public lobbying Wednesday by the Fraternal Order of Police and People for the American Way. In remarks delivered Wednesday evening President Bush said the Senate "should not play politics with this nomination, for he [Estrada] will be an outstanding judge." The nomination hearing can be heard live via JURIST Thursday at 10 AM ET.
Posted by Bernard Hibbitts at 9:17 PM | #
NEW ON THE WEB... California strips gun makers of liability shield California Governor Gray Davis signed new legislation Wednesday repealing gun manufacturers' immunity from products liability lawsuits under current state law, making California the first state in the nation to expose gunmakers to liability lawsuits brought by victims of gun violence. MORE ON JURIST: GUN LAWS NEWS
Posted by Bernard Hibbitts at 8:45 PM | #
NEW ON THE WEB... Moussaoui trial: Standby Counsel accuses US of leaking inflammatory evidence Responding late Wednesday to a US government submission from Tuesday on the evidentiary relevance of cockpit voice recordings from hijacked Flight 93, Standby Counsel for Zacarias Moussaoui accused the government[PDF] of using that opportunity to release "inflammatory and obviously circumstantial evidence to the public which purports to link Mr. Moussaoui with the alleged hijacker Ziad Jarrah", a connection which Standby Counsel alleged could not be the basis of any ruling on the recordings, but which had become the subject of many "prejudicial headlines" about the defendant appearing in the Washington Post and elsewhere. MORE ON JURIST: MOUSSAOUI TRIAL NEWS
Posted by Bernard Hibbitts at 5:44 PM | #
NEW ON THE WEB... Judge: despite hits by two planes, WTC lessee can only collect insurance once A New York federal judge ruled Wednesday that leaseholder of the World Trade Center was not entitled to collect from insurers twice[PDF] because the buildings were hit by two separate planes. Judge John S. Martin, Jr. wrote: "The ordinary businessman would have no doubt that when two hijacked planes hit the twin towers in a 16-minute period, the total destruction of the World Trade Center resulted from one series of similar causes.” MORE ON JURIST: CASES & STATUTES
Posted by Bernard Hibbitts at 5:20 PM | #
NEW ON JURIST... Latest law reviews JURIST features the Tables of Contents of the latest law reviews received, plus a run-down of what's catching our eye in the latest edition of the Current Index to Legal Periodicals. MORE ON JURIST: LAW REVIEWS
Posted by Bernard Hibbitts at 4:53 PM | #
NEW ON THE WEB... 8th Circuit: school can expel boy who threatened to rape, murder girlfriend In a divided en banc decision, the US 8th Circuit Court of Appeals ruled Wednesday that an Arkansas school board did not violate a junior high school student's First Amendment rights[PDF] when it expelled him for writing two letters threatening to harm his ex-girlfriend; the boy's letters expressing a desire to kill the girl and sexually assault her were a serious expression of intent to harm and amounted to a true threat. Listen to the oral arguments in this case [recorded January 16/02]. MORE ON JURIST: CASES & STATUTES
Posted by Bernard Hibbitts at 3:55 PM | #
NEW ON JURIST... Deanship at Mercer University law school Mercer University’s Walter F. George School of Law invites applications for the position of Dean. Candidates may currently be serving as a law school dean, associate dean, as a faculty member with recognized leadership ability, or in some other appropriate capacity related to law. MORE ON JURIST: LAW TEACHING JOBS
Posted by Bernard Hibbitts at 1:33 PM | #
NEW ON THE WEB... Justice Department slams death penalty ruling The US Justice Department has sharply criticized US District Chief Judge William Session's Tuesday ruling that the death penalty is unconstitutional, saying that it "underscores the importance of confirming President Bush's nominees to the federal bench -- well-qualified men and women who will apply the laws that Congress has passed in accordance with Supreme Court precedent." MORE ON JURIST: US DEPARTMENT OF JUSTICE NEWS
Posted by Bernard Hibbitts at 10:51 AM | #
NEW ON THE WEB... Senate hearing on asbestos [UPDATED] The Senate Judiciary Committee held a hearing Wednesday on asbestos litigation. MORE ON JURIST: ASBESTOS NEWS
Posted by Bernard Hibbitts at 8:40 AM | #
NEW ON THE WEB... Moussaoui trial: US wants to play cockpit tapes in open court [UPDATED] In a Response filed Tuesday with US District Judge Leonie M. Brinkema, the US Government said it would not insist that the trial courtoom be sealed[PDF] while cockpit voice recordings from hijacked Flight 93 and another plane are played, were those recordings to be admitted as evidence. The Government argued that the recordings are critical to identifying the identity and purpose of the hijackers and conspiratorily connecting Moussaoui with their actions. MORE ON JURIST: MOUSSAOUI TRIAL NEWS
Posted by Bernard Hibbitts at 8:25 AM | #
NEW ON THE WEB... 9th Circuit: gays can sue for sexual harassment In a divided en banc decision, the US Ninth Circuit Court of Appeals ruled Tuesday that homosexuals can sue for alleged sexual harassment[PDF] under Title VII of the 1964 Civil Rights Act, and that in such cases the sexual orientation of the victim is irrelevant. MORE ON JURIST: GAY RIGHTS NEWS
Posted by Bernard Hibbitts at 8:10 AM | #
THIS DAY IN LEGAL HISTORY... Bill of Rights sent to states for ratification On this day in 1789, the United States Congress sent twelve proposed constitutional amendments to the state legislatures for ratification. Ten of these were adopted in 1791 and became known as the Bill of Rights. A proposed amendment on Congressional representation was never ratified, and another on Congressional pay was not ratified until 1992 when it became the 27th Amendment. MORE ON JURIST: CONSTITUTIONAL LAW
Posted by Bernard Hibbitts at 7:52 AM | #
Tuesday, September 24, 2002 NEW ON THE WEB... Judicial Conference recommends more federal judges, Web-based complaint system The Judicial Conference of the United States concluded its latest semi-annual meeting Tuesday by recommending the creation of 54 new federal judgeships[PDF], urging every federal court to include a prominent link from its web site to its circuit's forms for filing complaints of judicial misconduct or disability, and proposing several amendments to Rule 23 of the Federal Rules of Civil Procedure. MORE ON JURIST: FEDERAL COURTS NEWS
Posted by Bernard Hibbitts at 8:14 PM | #
NEW ON THE WEB... Another federal judge declares death penalty unconstitutional On Tuesday Chief Judge William K. Sessions III of the US District Court for Vermont became the second federal judge in less than three months to rule that the death penalty is unconstitutional[PDF] insofar as it does not adequately protect the procedural rights of defendants. MORE ON JURIST: DEATH PENALTY NEWS
Posted by Bernard Hibbitts at 6:06 PM | #
NEW ON THE WEB... US reports "good progress" on ICC exemption agreements Speaking to British journalists, Pierre-Richard Prosper, U.S. ambassador-at-large for war crimes issues, has said that the United States is making good progress in developing Article 98 bilateral agreements with countries where U.S. forces are serving to ensure that American personnel will not be subject to prosecution by the new International Criminal Court. MORE ON JURIST: INTERNATIONAL CRIMINAL COURT NEWS
Posted by Bernard Hibbitts at 5:17 PM | #
NEW ON THE WEB... Terrorist alert status down from "High" to "Elevated" [UPDATED] Attorney General John Ashcroft and Homeland Security Director Tom Ridge issued a joint statement Tuesday announcing their decision to lower the US terrorist threat status to an elevated risk of terrorist attack, or "yellow" level. Attorney General Ashcroft took questions about the decision at a press conference later in the day. MORE ON JURIST: TERRORISM NEWS
Posted by Bernard Hibbitts at 3:24 PM | #
NEW ON JURIST... Law faculty positions at UCLA, CUNY UCLA School of Law is seeking an Executive Director for its Environmental Law Center. CUNY School of Law at Queen's College invites applications for multiple tenure-track positions in its Lawyering Seminar and clinical programs. MORE ON JURIST: LAW TEACHING JOBS
Posted by Bernard Hibbitts at 1:05 PM | #
NEW ON THE WEB... US abstaining, UN calls for Israel to cease Ramallah actions, withdraw [UPDATED] Early Tuesday morning the UN Security Council adopted Resolution 1435 (2002) by a vote of 14-0, with one abstention (United States), demanding that Israel immediately cease measures in and around Ramallah, “including the destruction of Palestinian civilian and security infrastructure." Watch the UN press briefing. MORE ON JURIST: UN NEWS
Posted by Bernard Hibbitts at 11:34 AM | #
NEW ON THE WEB... Senate Judiciary hearing on DC Circuit [UPDATED] The Senate Committee on the Judiciary Subcommittee on Administrative Oversight and the Courts held a hearing Tuesday on "The DC Circuit: The Importance of Balance on the Nation's Second Highest Court."
Posted by Bernard Hibbitts at 9:54 AM | #
NEW ON THE WEB... California enacts paid family leave California Governor Gray Davis signed new legislation Monday making California the first state in the nation to offer paid family leave to workers caring for a newborn, a newly adopted child or ill family member.
Posted by Bernard Hibbitts at 9:29 AM | #
NEW ON THE WEB... UK: Iraq weapons of mass destruction in breach of international law [UPDATED] A British government report released Tuesday by Prime Minister Tony Blair offers evidence that Iraq has weapons of mass destruction "in breach of international law" and has failed to destroy those weapons as obliged under various UN Resolutions. MORE ON JURIST: IRAQ NEWS
Posted by Bernard Hibbitts at 8:14 AM | #
THIS DAY IN LEGAL HISTORY... Judiciary Act of 1789 passed On this day in 1789, Congress instituted a three-tiered federal judicial structure topped by a Supreme Court with the passage of "An Act to establish the Judicial Courts of the United States", later known as the Judiciary Act of 1789.
Posted by Bernard Hibbitts at 7:57 AM | #
Monday, September 23, 2002 NEW ON THE WEB... Gore: Bush pre-emption doctine threatens international rule of law Speaking at the Commonwealth Club of California Monday, former Vice-President and 2000 Democratic Presidential candidate Al Gore said that President Bush's national security strategy of pre-emptive American action against even non-imminent foreign threats endangers the rule of law and rejects a long-standing American tradition of adhering to common international standards of conduct.
Posted by Bernard Hibbitts at 8:27 PM | #
NEW ON THE WEB... Ashcroft announces new info-sharing with US intelligence Attorney General John Ashcroft announced new guidelines Monday designed to institutionalize the ongoing sharing of information between federal law enforcement and the U.S. intelligence community under the terms of the USA PATRIOT Act. MORE ON JURIST: US DEPARTMENT OF JUSTICE NEWS
Posted by Bernard Hibbitts at 7:24 PM | #
NEW ON THE WEB... Justice Department appeals Oregon assisted-suicide law The US Department of Justice asked the US Ninth Circuit Court of Appeals Monday to overturn a lower court judgment upholding Oregon's state statute permitting doctor-assisted suicide despite its alleged inconsistency with U.S. federal drug law. MORE ON JURIST: MERCY KILLING/EUTHANASIA NEWS
Posted by Bernard Hibbitts at 6:43 PM | #
NEW ON THE WEB... Regulatory judge rules Texas energy company drove up California power prices The Federal Energy Regulatory Commission's chief administrative law judge ruled Monday that during California's energy crisis in 2000 and 2001 a Texas company helped drive up power prices by limiting flows of natural gas to California through its pipelines.
Posted by Bernard Hibbitts at 3:49 PM | #
NEW ON THE WEB... Yale constitutionalists comment Over the weekend Yale constitutional law scholars Bruce Ackerman and Jack Balkin published thought-provoking commentaries on the The Legality of Using Force and The Most Dangerous Person on Earth.
Posted by Bernard Hibbitts at 3:18 PM | #
NEW ON JURIST... Deanship at Southern Illinois, faculty positions at Idaho The Southern Illinois University School of Law seeks to fill the position of Dean. Also, the University of Idaho College of Law is seeking to fill one or more tenure-track positions starting in the fall of 2003. MORE ON JURIST: LAW TEACHING JOBS
Posted by Bernard Hibbitts at 10:30 AM | #
NEW ON THE WEB... California Governor signs stem-cell research bill
California Governor Gray Davis signed legislation Sunday designed to promote stem cell research from any source, including human embryonic stem cells barred under recent federal law. MORE ON JURIST: STEM CELL NEWS
Posted by Bernard Hibbitts at 9:28 AM | #
THIS DAY IN LEGAL HISTORY... Czolgosz tried for McKinley assassination On this day in 1901, Leon Czolgosz was put on trial for the assassination of US President William McKinley. See the full trial transcript[PDF].
Posted by Bernard Hibbitts at 7:12 AM | #
Sunday, September 22, 2002 THIS DAY IN LEGAL HISTORY... Emancipation Proclamation issued as military order On this day in 1862, President Abraham Lincoln issued the first preliminary version of the Emancipation Proclamation as a military general order, freeing all slaves in Confederate territory. MORE ON JURIST: REPARATIONS NEWS
Posted by Bernard Hibbitts at 9:53 AM | #
Join Harvard law professor 
The US Department of Justice's 
MORE ON JURIST: 
On this day in 1787, Congress 
US Government pleadings unsealed today by order of US District Court Judge Leonie Brinkema provide details about the 
C-SPAN has posted the full 4-hour+ video of Thursday's 
on the nomination of Miguel Estrada to the DC Circuit Court of Appeals.
[UPDATED]Human Rights Watch 
The Pennsylvania Supreme Court has 
Speaking Thursday to a Federal-State Judicial Conference sponsored by the Tennessee Bar Association, former Chief Judge (now Senior Judge) Gilbert Merritt of the US Sixth Circuit Court of Appeals said the American capital punishment system had broken down in 1972 in the wake of the US Supreme Court's ruling in Furman v. Georgia, and is 
, released its 
The Hague war crimes trial of former Yugoslav President Slobodan Milosevic 
President Bush 
Speaking Thursday to the US Conference of Mayors, Homeland Security Director Tom Ridge 
California Governor Gray Davis 
JURIST features the Tables of Contents of the 
[UPDATED] The House Judiciary Committee Subcommittee on Immigration, Border Security, and Claims held a 
Mercer University’s Walter F. George School of Law invites applications for the position of Dean. Candidates may currently be serving as a law school dean, associate dean, as a faculty member with recognized leadership ability, or in some other appropriate capacity related to law.
Amnesty International released two new reports Wednesday on the execution of persons who were under 18 at the time of their crime. One report focuses specifically on 
The US Justice Department has 
The Judicial Conference of the United States concluded its latest semi-annual meeting Tuesday by 
Speaking to British journalists, Pierre-Richard Prosper, U.S. ambassador-at-large for war crimes issues, has said that the United States is making 
[UPDATED] Attorney General John Ashcroft and Homeland Security Director Tom Ridge issued a 
[UPDATED] Early Tuesday morning the UN Security Council 
[UPDATED] A 
Speaking at the Commonwealth Club of California Monday, former Vice-President and 2000 Democratic Presidential candidate Al Gore 
Over the weekend Yale constitutional law scholars Bruce Ackerman and Jack Balkin published thought-provoking commentaries on the 
