Friday, November 01, 2002

NEW ON THE WEB...
Microsoft antitrust settlement approved
[UPDATED]US District Judge Colleen Kollar-Kotelly approved most of the provisions of a proposed antitrust settlement between Microsoft Corp., the US Justice Department and several states in a set of rulings issued Friday. See the Memorandum Opinions in US v. Microsoft Corp., State of New York, et al v. Microsoft Corp.[settlement], and State of New York, et al v. Microsoft Corp.. Orders and additional documents are available from the US District Court for the District of Columbia. US Attorney General John Ashcoft issued a statement saying the Department of Justice was pleased with the decision.
MORE ON JURIST: MICROSOFT ANTITRUST NEWS
Posted by Bernard Hibbitts at 4:16 PM | #

NEW ON THE WEB...
Suicide bombers are war criminals - Human Rights Watch
Human Rights Watch issued a major report Friday concluding that the people responsible for planning and carrying out suicide bombings that deliberately target civilians are guilty of crimes against humanity and should be brought to justice. More from VOA .
MORE ON JURIST: WAR CRIMES
Posted by Bernard Hibbitts at 8:22 AM | #

NEW ON THE WEB...
Federal judge hears lawsuit challenging US withdrawl from ABM Treaty
Judge John Bates of the US DC Circuit heard arguments Thursday in a lawsuit launched by 32 members of the House of Representatives, led by Congressman Dennis Kucincich, challenging President Bush's authority to withdraw from the ABM treaty without the consent of Congress. More from VOA .
MORE ON JURIST: ABM TREATY & MISSILE DEFENSE NEWS
Posted by Bernard Hibbitts at 8:16 AM | #

OPINION WATCH...
Judicial confirmations, SEC, videotaped confessions, DC snipers
Refering to President Bush's Wednesday call for an expedited judicial confirmation process, Friday's New York Times says that the real roadblock to speedy confirmations is the Administration's "overly ideological, and often slow-moving, method of selecting nominees." The Washington Post is similarly critical, saying that "Bush is trying to centralize power in the White House and diminish the Senate's capacity to affect the composition of the federal courts.". The Times also deplores the "mess" at the Securities and Exchange Commission, exacerbated as former CIA Director William Webster, recently put forward to chair a new SEC oversight committee for the accounting profession, has been found to have previously headed the audit committee of US Technologies, a now nearly-insolvent company under investigation for possible fraud. Writing in the Times, psychology professor Saul Cassin says that renewed scrutiny of the Central Park jogger case suggests that videotaped confessions are not always to be trusted. The Christian Science Monitor says that prosecutors haggling over jurisdiction in the DC sniper case shouldn't embarrass themselves in public, while Daniel Henninger in the Wall Street Journal explains why the snipers merit execution.
Posted by Bernard Hibbitts at 8:08 AM | #

NEW ON THE WEB...
Minnesota Supreme Court orders new ballots
The Minnesota Supreme Court ordered preparation of new supplemental ballots Thursday hours after hearing a Democratic party petition that claimed that not printing new ballots would effectively disenfranchise absentee voters who had already voted for late Minnesota Senator Paul Wellstone.
MORE ON JURIST: CASES & STATUTES
Posted by Bernard Hibbitts at 7:45 AM | #

THIS DAY IN LEGAL HISTORY...
Rent control established in New York City
On this day in 1943, the federal Office of Price Administration first established rent control in wartime New York City.
Posted by Bernard Hibbitts at 7:31 AM | #

Thursday, October 31, 2002

EDITOR'S DESK...
Haunted (court)houses?
Courthouses are a notorious "haunt" of troubled prisoners and departed judges - at least if one believes strange tales from Holbrook, Arizona, Panama City, Florida, Heppner, Oregon and Pittsburgh, Pennsylvania. Even the US Supreme Court may harbor a few lost souls. JURIST wishes readers a safe Halloween.
Posted by Bernard Hibbitts at 5:51 PM | #

NEW ON THE WEB...
9th Circuit upholds federal law barring Exxon Valdez from Prince William Sound
The US Ninth Circuit Court of Appeals Thursday upheld[PDF] a federal law that effectively bars the tanker Exxon Valdez from the waters of Prince Wiliam Sound, Alaska. Section 2737 of the Oil Pollution Act excludes from Prince William Sound any vessel that spilled more than one million gallons of oil into the marine environment after March 22, 1989. The Exxon Valdez ran aground in Prince William Sound, spilling 11 million gallons of crude oil on March 24, 1989. Link to decision courtesy How Appealing.
MORE ON JURIST: CASES & STATUTES
Posted by Bernard Hibbitts at 3:06 PM | #

NEW ON THE WEB...
Hamdi "unlawful combatant" briefs
The briefs filed by US Government[PDF] and the Federal Public Defender[PDF] that were the basis of oral arguments made Tuesday before the US Fourth Circuit Court of Appeals in the case of Yasir Hamdi, held by the Department of Defense as an "unlawful combatant," are now online from the National Institute of Military Justice.
MORE ON JURIST: HAMDI 'UNLAWFUL COMBATANT' CASE
Posted by Bernard Hibbitts at 2:30 PM | #

NEW ON THE WEB...
DOJ files antitrust suit to block DirecTV-DISH Network merger
The US Department of Justice filed a civil antitrust lawsuit Thursday to block the proposed acquisition of Hughes Electronics Corporation by Echostar Communications Corporation. The Department said if the merger were allowed to proceed, it would eliminate competition between the nation's two most significant direct broadcast satellite services - Hughes's DirecTV and Echostar's DISH Network - and would substantially reduce competition in the multichannel video programming distribution business to the detriment of consumers throughout the United States.
MORE ON JURIST: US DEPARTMENT OF JUSTICE NEWS
Posted by Bernard Hibbitts at 2:02 PM | #

NEW ON THE WEB...
Minnesota Supreme Court hears ballot case
[UPDATED]The Minnesota Supreme Court heard arguments Thursday on a Democratic Party petition regarding the use of supplemental ballots for the November 5th election [audio via Minnesota Public Radio; recording joins the argument in progress several minutes after commencement at 10 AM local time]. State Democrats filed the petition fearing that absentee voters who had already submitted ballots for late US Senator Paul Wellstone would effectively be disenfranchised. Background from Minnesota Public Radio .
MORE ON JURIST: CASES & STATUTES
Posted by Bernard Hibbitts at 11:43 AM | #

OPINION WATCH...
Marijuana, war crimes, DC sniper
Thursday's New York Times says that the US Ninth Circuit Court of Appeals struck an important blow for medical marijuana when it held earlier this week that the government cannot revoke the licenses of doctors who recommend marijuana to their patients. The Times also runs an editorial endorsing the re-election of New York State Attorney General Eliot Spitzer, whom the paper credits with pursuing "worthy targets, from abusive practices on Wall Street to irresponsible marketing by gun manufacturers and major threats to the environment." The Christian Science Monitor says that legal action against Saddam Hussein could add to the moral case for ousting him. In USA Today, Tony Mauro considers whether the juvenile DC sniper should be sentenced to death.
Posted by Bernard Hibbitts at 8:48 AM | #

NEW ON THE WEB...
White House considers legal case against Saddam
Responding Wednesday to a story in the Washington Post that the US is building a "crimes against humanity" case against Iraqi President Saddam Hussein and members of his inner circle, White House Press Secretary Ari Fleischer refused to confirm the report but said that "Atrocities have been committed and the Iraqi people and the international community will address this in the appropriate way." More from VOA .
MORE ON JURIST: WAR CRIMES NEWS
Posted by Bernard Hibbitts at 8:33 AM | #

THIS DAY IN LEGAL HISTORY...
Nevada admitted to the Union after telegramming constitution to DC
On this day in 1864, Congress admitted Nevada as the 36th state in the Union. With President Lincoln coming up for re-election and looking for support for his proposed 13th Amendment to the Constitution, Nevadans had moved quickly to meet the legal requirements for statehood, ultimately sending the entire text of the proposed state constitution to Washington in the longest telegram on record to that date.
Posted by Bernard Hibbitts at 8:22 AM | #

Wednesday, October 30, 2002

NEW ON THE WEB...
President announces plan for timely consideration of judicial nominees
[UPDATED] President Bush Wednesday announced his plan to ensure timely consideration of judicial nominees, calling on members of the Senate and the Judiciary to help fix a judicial confirmation process that is "clearly broken." In a press release, Senate Judiciary Chairman Patrick Leahy called the proposal "unilateral" and said that its timing and handling raised questions about its purpose. People for the American Way also slammed the proposal, deriding it as "White House unilateralism."
MORE ON JURIST: FEDERAL COURTS NEWS
Posted by Bernard Hibbitts at 2:32 PM | #

NEW ON THE WEB...
7th Circuit oral arguments on terrorist assets, secret evidence
Audio of oral arguments made Tuesday before the US Seventh Circuit Court of Appeals by lawyers for the Muslim charity Global Relief Foundation and the US Department of Justice is now available. Global Relief appealed against an order upholding government freezing of its assets on suspicion that it funneled monies to terrorist organizations. Counsel for Global Relief objected to government reliance on secret evidence in the case.
MORE ON JURIST: CASES & STATUTES
Posted by Bernard Hibbitts at 2:23 PM | #

NEW ON THE WEB...
War crimes Prosecutor, ICTY head address UN Security Council
Carla del Ponte, Prosecutor for the International Criminal Tribunal for the Former Yugoslavia and the International Criminal Tribunal for Rwanda, addressed the UN Security Council Tuesday. While she was pleased to report that the trials of accused persons in the highest leadership positions are now under wayshe said that three concerns remained: the arrest of fugitives; access to information; and securing the appearance in court of prosecution witnesses. The President of the ICTY, Judge Claude Jorda, also spoke to the Security Council as he presented the ICTY's 2002 Annual Report.
MORE ON JURIST: WAR CRIMES
Posted by Bernard Hibbitts at 2:18 PM | #

NEW ON THE WEB...
Justice Stevens lecture online
US Supreme Court Justice John Paul Stevens spoke Friday at the University of Illinois College of Law on the Court's decisions concerning individuals' suits against states under the soverign immunity doctrine. Video of his lecture, inaugurating the College of Law's Piper Rudnick-Vacketta Lecture Series on Government and the Law is now online.
MORE ON JURIST: LAW SCHOOL WEBCASTS
Posted by Bernard Hibbitts at 2:01 PM | #

NEW ON THE WEB...
Independent commission must probe Moscow theatre raid - Human Rights Watch
Human Rights Watch called Wednesday for an independent commission of inquiry to investigate the circumstances of Russia’s recent hostage rescue operation in Moscow. In particular, HRW said that the commission should identify the gas that was used in the rescue and investigate whether its use was permitted under the Convention on Chemical Weapons.
MORE ON JURIST: WORLD LAW: RUSSIA
Posted by Bernard Hibbitts at 11:23 AM | #

NEW ON THE WEB...
ACLU welcomes 9th Circuit marijuana ruling
The American Civil Liberties Union has welcomed Tuesday's US Ninth Circuit Court of Appeals ruling[PDF] that the government cannot revoke the licenses of California doctors who recommend medical marijuana to their patients. The ACLU launched the action in 1997.
MORE ON JURIST: MARIJUANA LAW NEWS
Posted by Bernard Hibbitts at 11:16 AM | #

NEW ON THE WEB...
President signs bill giving refugee status to Iraqis who free US POWs
The White House announced Wednesday that President Bush has signed the Persian Gulf War POW/MIA Accountability Act of 2002[PDF] (S. 1339), which promises refugee status to any Iraqi national who rescues a US POW detained in the Persian Gulf War or any "successor conflict, operation or action."
MORE ON JURIST: IRAQ NEWS
Posted by Bernard Hibbitts at 10:30 AM | #

OPINION WATCH...
Sniper charges, security, Iraq
Wednesday's New York Times says the US Justice Department and prosecutors from Virginia and Maryland are engaged in "unseemly jockeying" over who will be first to try the accused Beltway snipers. USA Today agrees and says that the bickering points up flaws and inconsistencies in US death penalty laws. The Washington Post says that the Homeland Security Bill should be passed in Congress' upcoming "lame-duck session", and that more steps should be taken to improve preparedness in light of the latest Hart-Rudman task force report. The Christian Science Monitor calls on states to strengthen and enforce their campaign finance laws. In the legal press, University of Melbourne law professor Tim Lindsey dissects Indonesia's legal response to the Bali bombing on JURIST, Yale law professor Ruth Wedgewood makes a case for invading Iraq in the National Law Journal, and Columbia law professor Michael Dorf examines the new US National Security Strategy in FindLaw's Writ.
Posted by Bernard Hibbitts at 8:26 AM | #

NEW ON THE WEB...
Federal charges filed against DC sniper suspect
The federal government has filed a criminal complaint[PDF] against one of the two men suspected of terrorizing the Washington, D.C.-area in recent random shootings that killed 10 people and injured three others. More from VOA .
MORE ON JURIST: DC SNIPER NEWS
Posted by Bernard Hibbitts at 7:45 AM | #

THIS DAY IN LEGAL HISTORY...
Russians granted civil liberties
On this day in 1905 [October 17 old calendar], Tsar Nicholas II granted Russians basic civil liberties in the October Manifesto.
Posted by Bernard Hibbitts at 7:35 AM | #

Tuesday, October 29, 2002

SUPREME COURT WATCH...
U. Michigan asks Court to uphold Bakke, reject admissions cases
In briefs filed Tuesday, the University of Michigan urged the US Supreme Court not to overturn its historic 1978 Bakke decision allowing the consideration of race in university admissions, and on that ground to deny certiorari to petitioners challenging admissions policies in the Law School and the College of Literature, Science and the Arts.
MORE ON JURIST: US SUPREME COURT NEWS
Posted by Bernard Hibbitts at 4:25 PM | #

NEW ON THE WEB...
Presidents of international courts address UN
The President of the International Court of Justice, Judge Gilbert Guillaume, presented the Court's annual report to the UN General Assembly Tuesday. General Assembly members commenting on the report highlighted the international community’s increase in confidence in the Court and the high quality of its work, as exemplified by its most recent decision concerning the Land and Maritime Boundary between Cameroon and Nigeria. Judge Claude Jorda, President of the International Criminal Tribunal for the Former Yugoslavia, addressed the General Assembly Monday.
MORE ON JURIST: UNITED NATIONS NEWS
Posted by Bernard Hibbitts at 2:33 PM | #

NEW ON THE WEB...
Amnesty International cites Russian failure to uphold post-Soviet rights
In a report[PDF] issued Tuesday, Amnesty International charged that the people of the Russian Federation are routinely denied in practice the rights they are guaranteed on paper, despite a new constitution and other legal reforms made since the dissolution of the Soviet Union in 1991. The report marks the start of a major Amnesty International campaign for Russian human rights, launched officially in Moscow.
MORE ON JURIST: HUMAN RIGHTS NEWS
Posted by Bernard Hibbitts at 1:49 PM | #

NEW ON THE WEB...
President signs election reform bill
President Bush signed the Help America Vote Act[PDF] into law at a White House ceremony Tuesday. More from VOA .
MORE ON JURIST: ELECTION REFORM NEWS
Posted by Bernard Hibbitts at 12:22 PM | #

OPINION WATCH...
Unlawful combatants, pediatric drug testing, and assault weapons
Tuesday's New York Times says that the holding of Yasser Esam Hamdi in a naval brig, without formal charges or access to a lawyer, is unconstitutional. The Washington Post says that in the wake of a recent federal court ruling overturning the pediatric drug testing rule as beyond the regulatory powers of the Food & Drug Administration, Congress should step in and write the rule into law. The Christian Science Monitor says that in the wake of the DC sniper shootings, Congress must renew and broaden the assault-weapons ban.
Posted by Bernard Hibbitts at 9:10 AM | #

THIS DAY IN LEGAL HISTORY...
McKinley assassin executed
On this day in 1901, Leon Czolgosz was executed for assassinating President William McKinley.
Posted by Bernard Hibbitts at 8:52 AM | #

Monday, October 28, 2002

NEW ON THE WEB...
Budget delay forces spending limits on federal courts
The Administrative Office of the U.S. Courts said in a press release Monday that the budget crunch in Congress has forced federal courts, left without a Fiscal Year 2003 budget, to impose interim spending limits that will affect the administration of justice.
MORE ON JURIST: FEDERAL COURTS NEWS
Posted by Bernard Hibbitts at 6:35 PM | #

NEW ON THE WEB...
UN Security Council President predicts adoption of new Iraq resolution
Following intensive discussions on Iraq in the UN Security Council Monday, the President of the 15-member body predicted adoption in the coming days of a new resolution aimed at returning weapons inspectors to the country following a nearly four-year absence. A draft resolution[PDF] circulated by the United States and the United Kingdom is now under consideration.
MORE ON JURIST: UNITED NATIONS NEWS
Posted by Bernard Hibbitts at 6:20 PM | #

NEW ON THE WEB...
US indicts members of Colombian terrorist group
The United States has issued a 10-count indictment against eight members of a violent terrorist group from Colombia on charges of kidnapping, which resulted in the death of a U.S. national.
MORE ON JURIST: TERRORISM NEWS
Posted by Bernard Hibbitts at 6:16 PM | #

NEW ON THE WEB...
FBI: US crime up in 2001
The latest FBI survey of crime in the United States, released on Monday,
estimates that 11.8 million "crime index offenses" (murder, rape, robbery, aggravated assault, burglary, larceny-theft, and motor vehicle theft) occured in the US in 2001, a 2.1% increase over the 2000 estimate, and the first year-to-year increase since 1991.
MORE ON JURIST: FBI NEWS
Posted by Bernard Hibbitts at 12:22 PM | #

NEW ON THE WEB...
4th Circuit hears Hamdi arguments
The US Fourth Circuit Court of Appeals hears arguments Monday in the case of Yaser Hamdi, an American citizen who was captured in Afghanistan last November and who has been held incommunicado in a military brig pursuant to being named an "enemy combatant" by the Department of Justice. On Friday, the ACLU filed an amicus brief [PDF] on his behalf.
MORE ON JURIST: HAMDI 'UNLAWFUL COMBATANT' CASE
Posted by Bernard Hibbitts at 11:23 AM | #

OPINION WATCH...
Terrorism cases, gun laws
Monday's New York Times says that in both the Moussaoui and Padilla terrorism cases the courts should order that with the proper safeguards, defendants' lawyers be given access to all the evidence at issue, including classified materials. In the Boston Globe, Cathy Young writes that we should be wary of attempts to use the DC sniper tragedy to promote stronger gun control laws.
Posted by Bernard Hibbitts at 9:36 AM | #

THIS DAY IN LEGAL HISTORY...
Prohibition enforced
On this day in 1919, the Volstead Act enforced the 18th Amendment to the Constitution, establishing the prohibition of alcohol manufacture, sale and consumption.
Posted by Bernard Hibbitts at 5:30 AM | #