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Wednesday, April 2

April 2 - Evening legal news  
Bernard Hibbitts at 4/2/2003 09:31:47 PM

Recommended readings from the latest legal news: See JURIST's Legal News for updates.



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Estrada cloture nixed again  
Bernard Hibbitts at 4/2/2003 03:30:01 PM

A fourth US Senate cloture vote to limit debate on the nomination of Miguel Estrada to the DC Circuit Court of Appeals failed Tuesday afternoon by a margin of 55-44. Get the official roll-call breakdown from the US Senate website.



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April 2 - Afternoon legal news  
Bernard Hibbitts at 4/2/2003 03:08:46 PM




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US Human Rights Reports - interview with Assistant Secretary of State  
Bernard Hibbitts at 4/2/2003 02:39:33 PM

The US State Department has posted the transcript of an interview with Lorne Craner, Assistant US Secretary of State for Democracy, Human Rights and Labor, on the State Department Human Rights Reports, the 2002 edition of which was released March 31.



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Rules of engagement  
Bernard Hibbitts at 4/2/2003 11:49:25 AM

Duke Law School's Scott Silliman, director of the Center for Law, Ethics and National Security, and a retired colonel in the U.S. Air Force, discussed the "rules of engagement" and the role of lawyers in guiding the decisions of the US military on Tuesday's edition of The Connection, a public affairs program produced by WBUR Boston public radio. Listen to the broadcast .



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CENTCOM - Banned missiles found in Iraq  
Bernard Hibbitts at 4/2/2003 11:16:49 AM

From United States Central Command Wednesday:
Elements of the I Marine Expeditionary Force located two Al Samoud II missiles during ground operations Monday on a farm near Al Hillah in central Iraq. The Al Samoud II missile violates U.N. resolution 687 with a flight range exceeding 150 km.
Read the full CENTCOM press release.



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Estrada cloture vote  
Bernard Hibbitts at 4/2/2003 11:10:53 AM

The US Senate website indicates that yet another cloture vote on the nomination of Miguel Estrada to the DC Circuit Court of Appeals is scheduled for 2 PM ET this afternoon.



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US Supreme Court ruling on HMOs, health plans  
Bernard Hibbitts at 4/2/2003 10:55:31 AM

The US Supreme Court Court Wednesday handed down a unanimous ruling in Kentucky Association of Health Plans, Inc. v. Miller, holding that Kentucky's "Any Willing Provider" health insurance statutes saying, inter alia, that "A health insurer shall not discriminate against any provider who is located within the geographical coverage area of the health benefit plan and who is willing to meet the terms and conditions for participation established by the health insurer..." are not pre-empted by terms of the Employee Retirement Income Security Act of 1974 (ERISA), which pre-empts all state laws "insofar as they … relate to any employee benefit plan," 29 U.S.C. § 1144(a), but saves from pre-emption state "law[s] … which regulat[e] insurance … ," s.1144(b)(2)(A). Justice Scalia wrote the Opinion. For background, see HMOs watching 'any willing provider' case in courts, from the January 31, 2003 edition of the Tampa Bay Business Journal.



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Hillary Clinton at Rutgers-Newark Law - webcast!  
Bernard Hibbitts at 4/2/2003 10:33:48 AM

Senator Hillary Rodham Clinton delivered the inaugural Elizabeth Blume-Silverstein Lecture at Rutgers School of Law-Newark on March 30, speaking on the theme "Women in the Law, Affirmative Action and the Judicial Selection Process." Recorded video of the lecture is now online from Rutgers.



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April 2 - Law school briefs  
Bernard Hibbitts at 4/2/2003 09:45:50 AM

Vanderbilt University Law School dean Kent Syverud spoke out in favor of race-based admissions Tuesday as lawyers argued the University of Michigan law school's affirmative action admissions case before the US Supreme Court.... The Oakland Tribune reports that three dozen students from UC Berkeley School of Law joined other law students demonstrating for affirmative action outside the Supreme Court building....



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April 2 - Morning legal news  
Bernard Hibbitts at 4/2/2003 09:29:33 AM

Recommended readings from the latest legal news: See JURIST's Legal News for updates.



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April 2 - This day at law  
Bernard Hibbitts at 4/2/2003 08:21:11 AM

On April 2, 1970, the Governor of Massachusetts signed into law an anti-Vietnam War bill providing that no inhabitant of Massachusetts inducted into or serving in the armed forces "shall be required to serve" abroad in an armed hostility that had not been declared a war by Congress under Article I, Section 8, clause 11 of the United States Constitution. Supporters of the legislation hoped that the US Supreme Court would seize on the obvious conflict that the bill created between state and federal law and would rule on the constitutionality of the Vietnam War itself, but the Court refused to exercise original jurisdiction, forcing the case into the lower federal courts. See Anthony D'Amato, Massachusetts In The Federal Courts: The Constitutionality Of The Vietnam War[PDF], 4 Journal of Law Reform (1970).



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