JURIST - Paper Chase

Tuesday, January 21

Yale's Jack Balkin on the "colorblind" Constitution
Bernard Hibbitts at 1/21/2003 08:39:03 PM

As the US Supreme Court schedules arguments in the University of Michigan affirmative action cases for April 1, Yale Law School professor Jack Balkin pens the second of two interesting installments on the history of "colorblindness" in American constitutional law. Read parts one and two on his new blog.

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9th Circuit ruling against World War II enslavement suits
Bernard Hibbitts at 1/21/2003 06:48:32 PM

The US Ninth Circuit Court of Appeals Tuesday struck down a California statute purporting to grant World War II American POWs the right to sue Japanese and German companies for enslavement. The Court said that the statute was contrary to treaties signed by the US barring restitution for work done more than 50 years ago. Read Deutsch v. Turner.

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New Jersey "child exclusion" challenge
Bernard Hibbitts at 1/21/2003 05:46:22 PM

On Wednesday, the New Jersey Supreme Court hears the first state high court challenge to a so-called "child exclusion" law barring families that already receive welfare from getting additional payments covering more children. Read a press release and brief[PDF] from the ACLU. NOW is also opposed to the legislation. For a contrary view see Defending New Jersey's Family Cap Welfare Reform in the Courts, by Rutgers sociologist Ted Goertzel.

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Mexico v. US World Court executions case
Bernard Hibbitts at 1/21/2003 05:43:41 PM

Transcripts of Tuesday's public hearings (first and second sessions[PDF]) before the International Court of Justice at The Hague in Mexico's suit against the United States alleging the unlawful trying and sentencing to death of Mexican nationals are now available on the ICJ's website. The transcripts are in French and English, but no translation of non-English segments is as yet provided.

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Verizon subscriber disclosure ruling
Bernard Hibbitts at 1/21/2003 05:31:11 PM

US District Judge John Bates on Tuesday ordered Verizon Communications to disclose to the Recording Industry Association of America the name of an Internet subscriber who, using the Kazaa file-sharing service, allegedly downloaded and shared some 600 copyrighted songs on the Internet. Read RIAA v. Verizon. RIAA's President expressed his appreciation of the ruling; Verizon intends to appeal.

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Ohio death penalty study
Bernard Hibbitts at 1/21/2003 05:09:24 PM

The University of Cincinnati College of Law has posted recorded video of Friday's press conference at which UC law students announced the results of a study indicating that death penalty convictions in Ohio suffered from the same problems as those recently commuted by Governor George Ryan in Ilinois. More from the Cleveland Plain Dealer.

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US Supreme Court conspiracy ruling
Bernard Hibbitts at 1/21/2003 02:02:34 PM

The US Supreme Court reversed the US Ninth Circuit Court of Appeals Tuesday, holding that a criminal conspiracy does not automatically terminate simply because the Government has defeated its object. Read United States v. Jiminez Ricio - Opinion by Breyer, with a separate Opinion by Stevens, concurring in part and dissenting in part.

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US Supreme Court Order List
Bernard Hibbitts at 1/21/2003 01:34:44 PM

The official US Supreme Court Order List for Tuesday is now online[PDF].

Judge's order against Microsoft in Java case
Bernard Hibbitts at 1/21/2003 12:24:33 PM

US District Judge J. Frederick Motz filed an order in Baltimore Tuesday requiring Microsoft to release an updated version of Sun Microsystems' Java programming language for the Windows operating system. Read the Order, and learn about Sun's antitrust suit against Microsoft. More from AP.

Mexico's World Court case against US on executions
Bernard Hibbitts at 1/21/2003 10:09:46 AM

In public hearings Tuesday before the International Court of Justice at The Hague, Mexico is set to claim that the US is in breach of its obligations under the 1963 Vienna Convention on Consular Relations by trying, convicting, sentencing to death and holding on death row in 10 states 54 Mexican nationals without informing them of their right to consular assistance. Mexico asks that the Court order the United States to restore the status quo ante (in effect, to release the prisoners). Read a summary of Mexico's case, and its full application[PDF] to the ICJ.

This day at law
Bernard Hibbitts at 1/21/2003 08:15:07 AM

On January 21, 1950, former State Department official Alger Hiss was found guilty of perjury in connection with testimony given to the House Un-American Activities Committee. Learn more about Alger Hiss.