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Saturday, October 19, 2002
THIS DAY IN LEGAL HISTORY... Stamp Act Congress draws up declaration of rights
On this day in 1765, the Stamp Act Congress, meeting in New York, approved a Declaration of Rights enumerating the rights and grievances of the American colonies.
Posted by Bernard Hibbitts at 6:30 AM | #
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Thursday, October 17, 2002
SUPREME COURT WATCH... More post-mortems
Charles Lane of the Washington Post , Tony Mauro of American Lawyer Media, David Savage of the Los Angeles Times and Nina Totenberg of NPR add their takes on yesterday's oral arguments at the US Supreme Court.MORE ON JURIST: US SUPREME COURT NEWS
Posted by Bernard Hibbitts at 8:35 AM | #
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OPINION WATCH... Terrorism insurance, voting rights, polygraphs and more
Thursday's New York Times says that lawmakers should compromise on terrorism insurance and that new state laws extending the right to vote to former felons deserve support. The Washington Post says that the executive branch should reduce its dependence on employee polygraph tests in light of new research suggesting that such tests are "intrinsically unreliable." USA Today supports wider insider trading bans that would bar investors from using insider ties to buy coveted new stock issues . The Christian Science Monitor says that a national 'ballistics fingerprinting' law would be a useful law enforcement tool, and in the Washington Times , Gary Andres writes that the trial lawyers' lobby needs to be counterbalanced before it gets too much influence over public policy. And in FindLaw, UC Davis law professor Kevin Johnson reveals what the controversial nomination of Miguel Estrada to the federal appeals bench is really about.
Posted by Bernard Hibbitts at 8:18 AM | #
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SUPREME COURT WATCH... No oral arguments today
Today is designated a "non-argument session" at the US Supreme Court; there are no oral arguments scheduled. The next oral arguments will be made on November 4.MORE ON JURIST: US SUPREME COURT
Posted by Bernard Hibbitts at 7:53 AM | #
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THIS DAY IN LEGAL HISTORY... US President restores US citizenship of Confederate President
On this day in 1977, President Jimmy Carter signed a law retroactively restoring the US citizenship of Jefferson Davis , former President of the Confederate States of America, US Senator from Mississippi and US Secretary of War under the administration of President Franklin Pierce.
Posted by Bernard Hibbitts at 6:30 AM | #
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Wednesday, October 16, 2002
SUPREME COURT WATCH... Oral arguments reviewed
Michael Kirkland of UPI, Dahlia Lithwick of Slate and Larry Margasak of AP review Wednesday's oral arguments before the US Supreme Court.MORE ON JURIST: US SUPREME COURT NEWS
Posted by Bernard Hibbitts at 8:49 PM | #
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NEW ON THE WEB... 3rd circuit: localities can bar houses of worship from residential areas
In a case involving the plans of a Jewish congregation to open a temple in a Philadelphia suburb, the US Third Circuit Court of Appeals ruled [PDF] Wednesday that local authorities trying to control noise and traffic may legally prevent religious groups from opening houses of worship in residential areas and that, contrary to a lower court judgment, religious institutions were not inherently compatible with residential zoning. Read a backgrounder from the Becker Fund for Religious Liberty, which argued the case for the Congregation Kol Ami.MORE ON JURIST: CASES & STATUTES
Posted by Bernard Hibbitts at 8:30 PM | #
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NEW ON THE WEB... Milosevic trial continues
Recorded audio of Tuesday's and Wednesday's proceedings in the war crimes trial of former Yugoslav President Slobodan Milosevic before the International Criminal Tribunal for the Former Yugoslavia at The Hague is now online. At an ICTY press conference today, a spokeswoman for the ICTY Prosecutor confirmed that the war crimes court would eventually issue new indictments and the Prosecution would continue to conduct investigations until the end of 2004.MORE ON JURIST: MILOSEVIC TRIAL NEWS
Posted by Bernard Hibbitts at 8:07 PM | #
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NEW ON THE WEB... UN Security Council debate on Iraq
[UPDATED] The UN Security Council held an open debate Wednesday on appropriate international policy towards Iraq. Recorded video of the morning and afternoon sessions is now available . The UN News Service provides a summary of the debate, which included a statement by the Iraqi Ambassador. Debate is scheduled to resume Thursday at 10 AM ET. MORE ON JURIST: UNITED NATIONS NEWS
Posted by Bernard Hibbitts at 4:09 PM | #
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NEW ON THE WEB... DoD Directive on military assistance to civilian law enforcement authorities
As the Pentagon agrees to provide air surveillance support to the FBI's hunt for the DC sniper under the terms of the Posse Comitatus Act (covered on JURIST yesterday ), the National Institute for Military Justice posts Department of Defense Directive 5525.5 on DoD Co-operation with Civilian Law Enforcement Officials [PDF].
Posted by Bernard Hibbitts at 3:18 PM | #
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NEW ON THE WEB... Senate approves election reform legislation
The Senate Wednesday passed the conference report on HR 3295 , the Help America Vote Act, by a margin of 92-2 (Senators Schumer and Clinton voting against) with 6 abstentions. President Bush issued a statement saying that he looked forward to signing the legislation.MORE ON JURIST: ELECTION REFORM NEWS
Posted by Bernard Hibbitts at 2:49 PM | #
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NEW ON JURIST... Latest law reviews
Check Tables of Contents of the latest law reviews received , and see which articles are catching our eye in the latest issue of the Current Index to Legal Periodicals .
Posted by Bernard Hibbitts at 12:59 PM | #
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NEW ON JURIST... Papers invited for Family Law conference
Papers are invited for presentation at the International Society for Family Law North American Conference, to be held at the University of Oregon School Law on June 26-28, 2003.MORE ON JURIST: CALLS FOR PAPERS
Posted by Bernard Hibbitts at 12:52 PM | #
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NEW ON THE WEB... President signs Iraq resolution
President Bush Wednesday signed the Joint Resolution Authorizing the Use of Military Force Against Iraq approved by the House and Senate last week.MORE ON JURIST: IRAQ NEWS
Posted by Bernard Hibbitts at 12:35 PM | #
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NEW ON THE WEB... Outer Space Treaty
UN Radio is carrying a special feature on the Outer Space Treaty , the 35th anniversary of which was marked earlier this month on JURIST .
Posted by Bernard Hibbitts at 12:18 PM | #
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BOOK REVIEWS... Oxford Companion , constitutional courts
Luke Bierman reviews Kermit Hall, ed., The Oxford Companion to American Law , and Donald P. Kommers reviews Ralf Rogowski and Thomas Gawron, eds., Constitutional Courts in Comparison: The US Supreme Court and the German Federal Constitutional Court in the latest Law & Politics Books Review .
Posted by Bernard Hibbitts at 11:56 AM | #
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NEW ON THE WEB... Senate debates election reform
The Senate Democratic Policy Committee has posted a useful summary of election reform legislation - now under debate in the Senate - which has been the subject of recent criticism by the Leadership Conference on Civil Rights and the ACLU . MORE ON JURIST: ELECTION REFORM NEWS
Posted by Bernard Hibbitts at 11:12 AM | #
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SUPREME COURT WATCH... Today's press
Warren Richey previews Miller-El in the Christian Science Monitor and Linda Greenhouse of the New York Times looks ahead to California Franchise Board v. Hyatt (which received cert. yesterday). Tony Mauro of American Lawyer Media performs post-mortems on Tuesday's arguments in Syngenta Crop Protection Inc. v. Henson and the Court's dismissal of Ford Motor v. McCauley , while Columbia Law Professor Michael Dorf finishes his two-part 2002 U.S. Supreme Court preview in FindLaw.MORE ON JURIST: US SUPREME COURT NEWS
Posted by Bernard Hibbitts at 10:38 AM | #
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OPINION WATCH... Injustice, pork, Eldred , and marijuana
The New York Times says that the hysteria that surrounded the Central Park jogger case "may have contributed to a grave injustice." The Washington Post calls the new terrorism insurance legislation held up in Congress "pork for insurers" , and in a second editorial warns that in the copyright extension case of Eldred v. Ashcroft the Supreme Court may have bitten off more than it can chew . In the Christian Science Monitor , John Hughes expresses concern about a Nevada ballot initiative (Question #9) that would legalize possesion of marijuana.
Posted by Bernard Hibbitts at 8:30 AM | #
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SUPREME COURT WATCH... Today's docket
The US Supreme Court hears oral arguments Wednesday in these cases: Charles Lane from the Washington Post has more on Bean , which has also been the subject of online debate between Philadelphia appellate attorney Howard Bashman and Supreme Court litigator Tom Goldstein (who notably will be arguing Bean ). The Second Amendment Foundation, which submitted an amicus brief in Bean , issued a press release on the case Tuesday. DC appellate attorney and Supreme Court observer Sam Feldman predicts that the Supreme Court will reverse Bean and affirm Miller-El .MORE ON JURIST: US SUPREME COURT
Posted by Bernard Hibbitts at 6:45 AM | #
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THIS DAY IN LEGAL HISTORY... William O. Douglas born
On this day in 1898, William O. Douglas , future Chairman of the Securities and Exchange Commission and Associate Justice of the United States Supreme Court, was born in Maine, Minnesota [audio of a 1961 interview with Justice Douglas via History and Politics Out Loud ]. Justice Douglas still holds the record for the longest-sitting US Supreme Court Justice: 36 years, 7 months.
Posted by Bernard Hibbitts at 6:36 AM | #
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Tuesday, October 15, 2002
NEW ON THE WEB... Military to support DC sniper hunt under Posse Comitatus Act
At the request of the FBI, US Secretary of Defense Donald Rumsfeld has authorized use of military surveillance planes to aid the massive police search for a sniper terrorizing the Washington area. FBI agents will direct the airborne manhunt so as to respect the terms of the 1878 Posse Comitatus Act (now 18 USC 1385 ) barring the military from engaging in law enforcement inside the United States. More from VOA . A fact sheet on the PCA is available from the new US Northern Command , inaugurated on October 1, 2002 to provide command and control of US homeland defense efforts and to coordinate military support to civil authorities . For extended discussion of the history and purpose of the Posse Comitatus Act, see The Posse Comitatus Act: A Principle in Need of Renewal , 75 Washington University Law Quarterly 953 (1997). Coincidentally, the Cato Institute will be presenting a live Policy Forum in DC on the Posse Comitatus Act Wednesday at 12 Noon.
Posted by Bernard Hibbitts at 8:22 PM | #
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NEW ON THE WEB... Indonesia considering emergency anti-terror decree
The BBC reports that in the wake of the Bali bombing the Indonesian Government is considering an emergency anti-terrorism decree that would give police radical new powers. More from Radio Australia in an interview with Jacob Tobing, vice chair of President Megawati's PDI-P faction in the Indonesian parliament.MORE ON JURIST: TERRORISM NEWS
Posted by Bernard Hibbitts at 4:32 PM | #
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SUPREME COURT WATCH ... Ford v. McCauley dismissed
In an unusual move Tuesday, the Supreme Court dismissed [PDF] Ford Motor Co. v. McCauley , ruling that the case had been "improvidently granted." At oral argument on October 7, the Justices had expressed doubts about their jurisdiction in the matter.MORE ON JURIST: US SUPREME COURT NEWS
Posted by Bernard Hibbitts at 2:40 PM | #
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NEW ON THE WEB... Cabinet to Senate: pass Homeland Security Bill
[UPDATED] President Bush's Cabinet sent Senate leaders a letter Tuesday urging them to support stalled Homeland Security legislation and allow the President to continue in the new Department his existing authority to exclude unions from existing Departments. Watch a briefing by Homeland Security Director Tom Ridge [video via C-SPAN ]. MORE ON JURIST: HOMELAND SECURITY NEWS
Posted by Bernard Hibbitts at 1:31 PM | #
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NEW ON THE WEB... ImClone founder pleads guilty to insider trading
ImClone founder and former CEO Sam Waksal pleaded guilty to charges of insider trading, fraud and obstruction of justice in New York on Tuesday.MORE ON JURIST: MARTHA STEWART/ IMCLONE NEWS
Posted by Bernard Hibbitts at 1:12 PM | #
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SUPREME COURT WATCH... Cert s granted
[UPDATED] Supreme Court litigator Tom Goldstein of SCOTUSBlog reports that the Supreme Court has granted cert. in two cases:No. 02-42 - California Franchise Tax Board v. Hyatt , addressing whether the Nevada Supreme Court impermissibly refused to give full faith and credit to a California statute; and No. 02-215 - PacifiCare Health Sys., Inc. v. Book , presenting the question of whether a district court must compel arbitration of a plaintiff's RICO claims under a valid arbitration agreement even if that agreement does not allow an arbitrator to award punitive damages. The US Eleventh Circuit Court of Appeals decision in this case is online. More here from Reuters . The complete Order list for Tuesday is available from LII.MORE ON JURIST: US SUPREME COURT NEWS
Posted by Bernard Hibbitts at 10:43 AM | #
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NEW ON THE WEB... Illinois clemency hearings begin
The Illinois Prisoner Review Board begins executive clemency hearings Tuesday for 142 of 160 Illinois state prison inmates on death row. Illinois Governor George Ryan ordered the hearings after commission reports indicated that some innocent inmates had been condemned to death and were awaiting execution; the Governor ordered a moratorium on executions in January 2000.MORE ON JURIST: DEATH PENALTY NEWS
Posted by Bernard Hibbitts at 9:21 AM | #
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OPINION WATCH... WashPost on Ron Clark
The Washington Post says that the President's commission of Ron Clark as a US District Judge in the wake of Mr. Clark's "wildly inappropriate" behavior in continuing to campaign for re-election to the Texas House of Representatives after his confirmation is "embarrassing."
Posted by Bernard Hibbitts at 8:58 AM | #
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SUPREME COURT WATCH... Today's docket
The US Supreme Court hears oral arguments Tuesday in: DC appellate attorney and Supreme Court observer Sam Heldman predicts that the Court will affirm Sygenta , and reverse Sprietsma .MORE ON JURIST: US SUPREME COURT
Posted by Bernard Hibbitts at 6:45 AM | #
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THIS DAY IN LEGAL HISTORY... Clayton Act passed
On this day in 1914, Congress passed the Clayton Antitrust Act to clarify and supplement the Sherman Antitrust Act of 1890. The Clayton Act outlawed trusts formed by two companies with interlinking boards of directors, price-fixing with businesses offering competing products, making agreements with other businesses to control the supply of a product, and abusing power to gain or maintain a monopoly.
Posted by Bernard Hibbitts at 6:30 AM | #
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Monday, October 14, 2002
SUPREME COURT WATCH... Just file it!
The Supreme Court is closed today, but that isn't stopping Nike Corporation from announcing the filing of a cert. petition [PDF] prepared by Harvard law professor Laurence Tribe and Duke law professor Walter Dellinger asking the Court to review and overturn a California Supreme Court ruling [PDF] that Nike's efforts to defend itself against accusations of paying low wages and running sweatshops constituted a form of commercial speech not entitled to full First Amendment protection. Cert. file and link via SCOTUSblog .MORE ON JURIST: US SUPREME COURT NEWS
Posted by Bernard Hibbitts at 1:06 PM | #
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NEW ON JURIST... Chair at Richmond, faculty slots at FAMU
The University of Richmond School of Law invites applications and nominations for the newly-created Williams Professorship of Law. Also, Florida A & M University (FAMU) College of Law plans to hire several faculty members.MORE ON JURIST: LAW TEACHING JOBS
Posted by Bernard Hibbitts at 12:36 PM | #
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NEW ON THE WEB... ICTY unseals amended indictment of Karadzic - more indictments to follow
The International Criminal Tribunal for the Former Yugoslavia at The Hague unsealed Monday an amended indictment against fugitive Bosnian Serb leader Radovan Karadzic , charging him with one count of genocide, one count of complicity in genocide, five counts of crimes against humanity, three counts of violations of the laws or customs of war, and one count of grave breaches of the Geneva Conventions. ICTY prosecution spokeman Florence Hartmann has told the Montenegrin newspaper Dan that the prosecution is preparing new indictments against persons who commited war crimes in the territory of the former Yugoslavia.MORE ON JURIST: WAR CRIMES NEWS
Posted by Bernard Hibbitts at 12:18 PM | #
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NEW ON THE WEB... UN Human Rights chief condemns deprivations of "right to life" in Bali bombing
The new UN High Commissioner for Human Rights, Sergio Vieira de Mello, issued a statement from Geneva Monday condemning the mass deprivations of the "right to life" by the weekend nightclub bombing in Bali that killed over 180 people. Noting that "without the right to life, talk of basic human security and dignity holds little meaning," he pledged his firmest support to the "international community's united prosecution of terrorism and in our defence of universal, indivisible human rights and the rule of law."MORE ON JURIST: HUMAN RIGHTS NEWS
Posted by Bernard Hibbitts at 10:56 AM | #
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NEW ON THE WEB... Indian drug company to appeal Prilosec patent ruling
Indian generic drug manufacturer Dr. Reddy announced in Hyderabad today that it would appeal a ruling Friday by US District Judge Barbara Jones holding that Dr. Reddy’s and several other companies infringed patents on the heartburn medication omeprazole (Prilosec) held by Anglo-Swedish drugmaker AstraZeneca.MORE ON JURIST: IP & PATENTS NEWS
Posted by Bernard Hibbitts at 10:15 AM | #
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OPINION WATCH... From Martha to marijuana
In JURIST, Professor Douglas Branson takes a tip from the US military and offers insider-trading suspect Martha Stewart some free legal advice. The New York Times urges the Senate to pass legislation requiring all drugs to be tested for safety and efficacy in children, not just in adults, and chides the Bush administration for joining the automobile industry in a lawsuit challenging a California program encouraging manufacturers to sell cleaner, more fuel-efficient "hybrid" vehicles (the LA Times agrees ). The Christian Science Monitor says that in the context of the DC sniper attacks, wider weapons bans and stricter gun control laws make a lot of sense. In USA Today , Tony Mauro calls on the US Supreme Court to overturn an "astonishing" California Supreme Court ruling that said that Nike's efforts to defend itself against accusations of paying low wages and running sweatshops was a form of commercial speech not entitled to full First Amendment protection if it contained false statements. In the Boston Globe , Cathy Young sees "dangerous abuses of federal power" in the US Justice Department's crusade against assisted suicide and medical marijuana laws.
Posted by Bernard Hibbitts at 7:38 AM | #
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NEW ON THE WEB... Milosevic trial continues
Most of last week's action in the war crimes trial of former Yugoslav President Slobodan Milosevic was outside the coutroom, with the International Criminal Tribunal for the Former Yugoslavia firing Milosevic's court-appointed lawyer (reported on JURIST) on grounds of bias against his client, but the trial nonetheless continued. Audio of proceedings from Monday , Tuesday , Wednesday and Thursday is now online (posting was delayed and video is unavailable due to technical difficulties). The trial resumes Tuesday.MORE ON JURIST: MILOSEVIC TRIAL
Posted by Bernard Hibbitts at 6:56 AM | #
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SUPREME COURT WATCH... Columbus Day holiday
Monday is Columbus Day, a federal holiday. The Supreme Court is off.MORE ON JURIST: US SUPREME COURT
Posted by Bernard Hibbitts at 6:45 AM | #
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THIS DAY IN LEGAL HISTORY... Martin Luther King wins Nobel Peace Prize
On this day in 1964, civil rights leader Martin Luther King Jr. was awarded the Nobel Peace Prize .
Posted by Bernard Hibbitts at 6:30 AM | #
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Sunday, October 13, 2002
NEW ON THE WEB... Post-mortem(?): Lessig on Eldred
Back on his blog after litigating Eldred , Stanford law professor Larry Lessig offers a detailed analysis of the oral argument, along with some personal reflections on how it all went.
Posted by Bernard Hibbitts at 12:31 PM | #
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JURIST: The Legal Education Network is directed by Professor Bernard J. Hibbitts , University of Pittsburgh School of Law , Pittsburgh, Pennsylvania, USA, in consultation with an international Advisory Board . E-mail: JURIST@law.pitt.edu . © Bernard J. Hibbitts, 2002. All rights reserved. These pages may not be copied, reposted, or republished, in whole or in part, electronically or in print, without express written permission. This is not an official site of the University of Pittsburgh; the University of Pittsburgh is not responsible for content of, or links from, this site.
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