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Friday, September 19 |

U Conn. proposal for Indian tribal law center criticized
Matthew Shames at 3:52 PM

Greenwich Time reports that an Indian tribal law center proposed by the dean of the University of Connecticut School of Law has been criticized by officials afraid that more casinos will be built in the state. In other law school news, for the first time, "outsiders" will be scrutinizing candidates for tenure at Harvard Law School, and University President Lawrence H. Summers now has more sway over who is appointed... The Topeka Capital-Journal reports that Washburn University School of Law kicked off an extended celebration of its centennial with a reception Thursday, exactly 100 years and one day after the institution offered its first class.
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California recall rehearing set for Monday
Prof. Bernard Hibbitts at 3:47 PM

The US Ninth Circuit Court of Appeals Friday granted en banc review of the California recall postponement ruling. Read the Order here. Oral arguments have been set for Monday, September 22, at 1 PM Pacific Time.
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State court judge indicted on federal obstruction of justice charges
Ryan DeMotte at 1:45 PM

The Connecticute Law Tribune (via Law.com) reports that a federal grand jury has indicted Connecticut Superior Court Judge Daniel E. Brennan Jr. on obstruction of justice charges. In other judicial news, the Birmingham News reports that suspended Alabama Chief Justice Roy Moore has requested more time to answer ethics charges against him stemming from his defiance of a federal court order to remove the Ten Commandments monument from the state judicial building.
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This day at law - "Lord Haw-Haw" sentenced to death
Prof. Bernard Hibbitts at 8:07 AM

On September 19, 1945, a British court sentenced to death American-born William Joyce, known as "Lord Haw-Haw," for his Nazi propaganda broadcasts during World War II. Listen to a montage of clips from Joyce's broadcasts, with Joyce's trademark introduction "Germany calling, Germany calling...". Joyce was hanged on January 6, 1946.
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Thursday, September 18 |

Israel's targeted killings of terrorist leaders are lawful - Dershowitz
Prof. Bernard Hibbitts at 2:53 PM

In a speech Wednesday in Massachusetts and in an op-ed published Tuesday in the Toronto Globe and Mail, Harvard law professor Alan Dershowitz says that Israel's policy of assassinating dangerous Palestinian militants is legal in international law, and perhaps in some circumstances even advisable.
In 2002, in response to several petitions by human rights groups, Israel's Supreme Court ruled that the Israeli policy of "targeted killings" was a means of warfare against terrorism and therefore non-justiciable. See Justice-Ability: A Critique of the Alleged Non-Justiciability of Israel's Policy of Targeted Killings[PDF], an article by Orna Ben-Naftali and Keren R. Michaeli of Tel Aviv Law School in the August 2003 issue of the Journal of International Criminal Justice.
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Pennsylvania appeals court says no more common law marriages
Prof. Bernard Hibbitts at 2:31 PM

In a split decision Wednesday, the Pennsylvania Commonwealth Court ruled that no new common law marriages should be recognized in Pennsylvania, one of only 12 US states to recognize common law marriage. AP has a report here. The case involved a pension-benefits claim by a man who lost his common law wife in the crash of US Air Flight 427 near Pittsburgh in 1994. The full text of the decision, with extended analysis of the history and policy problems associated with common law marriage, is available here.
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Russian judges observing American judicial system
Ryan DeMotte at 1:34 PM

The New Jersey Star-Ledger reports on the "Open-World" program that has brought five Russian judges to New Jersey to observe the American judicial system under the guidance of U.S. District Judge John W. Bissell. The Cleveland Plain Dealer contains this report on a visit by Russian judges to Ohio's courts as part of the same program. Newsday.com contains this report on a visit by Russian judges to Connecticut. In other judicial news, the Times-Ledger reports on the open hearing held by the New York Commission to Promote Public Confidence in Judicial Elections to listen to ideas for reforming the election process for New York state judges. NYC Mayor Michael Bloomberg presented his own reform ideas at the hearing.
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Lawyers' use of technology - new ABA survey
Prof. Bernard Hibbitts at 1:31 PM

The American Bar Association has released its 2002 survey on lawyers' use of technology, including law office computing, litigation and courtroom technology, and Web and communications. Some highlights:Lawyers continue to adopt technologies common in other industries, underscoring the similar business needs lawyers have with other professions. More than 40 percent of respondents use personal digital assistants, up 10 percent from the 2001 survey. Nearly 20 percent use a laptop as their primary computer, and more than two-thirds have access to a laptop on a temporary basis.
Wireless networking is slowly gaining ground, particularly among solo lawyers, of whom 6 percent report using WiFi. Broadband access is increasingly popular, with 29 percent of respondents indicating they used DSL and 25 percent using a T1 line. Only 3 percent use ISDN for Internet access, and 2 percent use a wireless connection.
Fewer than 2 percent of lawyers use computers with a Macintosh operating system. Linux and Unix hold a similar slice of law firm network operating systems. Microsoft accounts for the majority of networks, with just over 14 percent of law firms still using Novell. There appear to be more law firms with local area networks this year, with 79 percent of firms indicating they have a LAN, up from 71 percent in 2001. Read the full ABA press release. A 15-page executive summary is available here[PDF].
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Milosevic given 3 months to prepare defense
Prof. Bernard Hibbitts at 11:10 AM

In a ruling Wednesday, the International Criminal Tribunal for the Former Yugoslavia at The Hague gave former Yugoslavian President Slobodan Milosevic three months to prepare his defense against charges of genocide, war crimes and crimes and against humanity in Bosnia, Croatia and Kosovo during the 1990s. Milosevic had asked for two years preparation time in a trial that has already gone on, in its prosecution phase, for a year and a half, with intermittent breaks due to the ill health of the accused. The ICTY has now published the full text of the Order.
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The Ninth Circuit got it right
Prof. Bernard Hibbitts at 11:00 AM

So says Harvard law professor Larry Tribe, writing about the California recall postponement ruling in today's Wall Street Journal [registration required]. Read his op-ed, reposted by Harvard Law School. Tribe serves as co-counsel for parties challenging the California recall procedure.
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Recall rehearing briefs online
Prof. Bernard Hibbitts at 8:57 AM

The US Ninth Circuit Court of Appeals has posted various recall rehearing briefs - supporting and opposing en banc review of its Monday panel ruling to postpone the California recall - on its homepage.
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Library-snooping provisions of PATRIOT Act never used
Prof. Bernard Hibbitts at 8:44 AM

The Knight Ridder news service reports Thursday that according to a previously-classified memorandum it obtained late yesterday following a declassification decision by Attorney General John Ashcroft, the number of times federal agents have used their powers under the PATRIOT Act to obtain library and business records is zero. An American Library Association spokesman says that this shows the power isn't needed. Read the full story here.
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This day at law - Joseph Story born
Prof. Bernard Hibbitts at 8:37 AM

On September 18, 1797, future US Supreme Court Justice, Harvard law professor, and legal author Joseph Story was born at Marblehead, Massachusetts. West Virginiia University law professor James Elkins notes that Story was also a poet - learn more about Story and read a couple of his poems here.
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Wednesday, September 17 |

Ashcroft declassifying library data
Prof. Bernard Hibbitts at 3:57 PM

After dismissing as "baseless hysteria" concerns of the American Library Association and others over Section 215 of the Patriot Act and the authority given to the FBI to investigate the reading habits of individuals in public libraries and elsewhere, AP reports this afternoon that Attorney General John Ashcroft has told the President of the American Library Association that the federal government will disclose how many times the FBI has sought records from libraries and businesses under the anti-terrorism law. The move seems to be in response to a statement issued Wednesday by ALA President Carla Hayden, in which she said: And now Attorney General John Ashcroft says the FBI has no interest in Americans’ reading records. While this may be true, librarians have a history with law enforcement dating back to the McCarthy era that gives us pause. For decades, and as late as the 1980s, the FBI’s Library Awareness Program sought information on the reading habits of people from “hostile foreign countries,” as well as U.S. citizens who held unpopular political views.
We are deeply concerned that the Attorney General should be so openly contemptuous of those who seek to defend our Constitution. Rather than ask the nations’ librarians and Americans nationwide to “just trust him,” Ashcroft could allay concerns by releasing aggregate information about the number of libraries visited using the expanded powers created by the USA PATRIOT Act. According to AP, the ALA has welcomed today's move, although no official statement has yet been released on its website.
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Harvard law professor calls recall decision unsound
Prof. Bernard Hibbitts at 3:29 PM

The US Ninth Circuit Court of Appeals decision postponing the California recall is unsound, according to Harvard law professor Einer Elhauge. Read Rewire This Circuit, his op-ed published today in the Wall Street Journal (not available online) and now reposted by Harvard Law School.
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California recall amuses, bemuses foreign lawyers
Prof. Bernard Hibbitts at 1:23 PM

Steve Rubenstein of the San Francisco Chronicle files this report on how the California recall and associated legal battles are striking the 4000 lawyers from 120 countries in town for the annual meeting of the International Bar Association.
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Original US Constitution unveiled at Archives rededication
Prof. Bernard Hibbitts at 12:39 PM

President Bush, Chief Justice Rehnquist and other dignitaries spoke this morning at a rededication ceremony marking the opening a new exhibit housing the original US Constitution, the Declaration of Independence, and the Bill of Rights, again on display after two years of preservation work. An AP story on the rededication is available here; audio of the President's remarks is online from the White House here. The National Archives hosts a virtual version of the exhibit here, featuring high resolution images of each of the original documents.
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Law for the "new normal"
Prof. Bernard Hibbitts at 12:07 PM

The Lawyers Committee for Human Rights has posted online the full text of its latest report Assessing the New Normal: Liberty and Security for the Post-Se[ptember 11 United States, documenting "the continuing erosion of basic human rights protections under U.S. law and policy since September 11 in five areas: government openness; personal privacy; immigration; security-related detention; and the effect of U.S. actions on human rights standards around the world. " Download the 144-page report here[PDF].
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Constitution Day conference at the CATO Institute
Prof. Bernard Hibbitts at 12:00 PM

In honor of Constitution Day, the Cato Institute in Washington DC is hosting a half-day conference on the U.S. Supreme Court, both to review the term just expired, and to preview the term ahead. Featured speakers include Federal Election Commission Vice Chairman Bradley A. Smith and Kenneth W. Starr. Watch the conference live here.
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Correction from Canada
Prof. Bernard Hibbitts at 11:46 AM

Craig Jones, an associate with Bull, Housser & Tupper in Vancouver, British Columbia, writes:Just for the record, your account of the motion voted on by Parliament regarding same-sex marriage is incorrect. Your text is of the motion as originally drafted; by the time it was voted upon, it had been amended to remove the last clause - the commitment to take 'all necessary steps'. This was to overcome concern that it would require the government to invoke the 'notwithstanding clause' of the Canadian Charter of Rights and Freedoms in order to overcome several recent court decisions confirming that the opposite-sex definition was unconstitutional. Thanks for setting us right, Craig!
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Spanish judge charges 35 for September 11 attacks
Prof. Bernard Hibbitts at 11:15 AM

Word is now coming in on multiple wires of a Spanish judge's formal indictment of 35 persons, including Osama Bin Laden and Al Jazeera journalist Taysir Alouni, for the September 11 terrorist attacks in the United States. The Financial Times carries this Reuters story, while Al Jazeera's English-language website reports here, repeating its claim that Alouni is innocent.
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More from O'Connor in Bahrain
Prof. Bernard Hibbitts at 10:59 AM

The US State Department has made available a transcript of Justice Sandra Day O'Connor's remarks at a press conference in Bahrain on Tuesday, held in association with the 2003 Arab Judicial Forum which she is attending [for previous coverage in JURIST's Paper Chase, click here]. While emphasizing the importance of judicial training and ethics in a functioning democracy, Justice O'Connor also commented on the need to train law students to be consensus builders: I think it is great when law schools train lawyers how to mediate and solve problems between people - by negotiation as well as in court. When I went to law school, law schools didn't teach those things. Today, I think we are better off trying to solve some problems through mediation. Law schools today are trying to teach students how to solve problems through negotiation. Read the complete transcript.
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Wesley Clark on legal issues
Prof. Bernard Hibbitts at 10:45 AM

Former NATO Supreme Commander and Rhodes Scholar General Wesley Clark announces his candidacy for the Democratic nomination for President today in Little Rock at 12 Noon ET. An official campaign website is up and running here. A video announcement by General Clark to supporters is available here. MeetClark.com provides lengthy quotes outlining General Clark's basic positions on a series of international and domestic legal issues, including the PATRIOT Act, the International Criminal Court, affirmative action, and separation of church and state.
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Ackerman votes "yes" on recall
Prof. Bernard Hibbitts at 10:16 AM

In a Tuesday op-ed in the New York Times, Yale law professor Bruce Ackerman says that the US 9th Circuit Court of Appeals should have allowed the California recall to go on instead of disrupting the process.
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Heterosexual marriage motion defeated in Canadian Parliament
Prof. Bernard Hibbitts at 8:38 AM

In a vote Tuesday evening, Canadian Members of Parliament defeated an Opposition motion reaffirming the heterosexual definition of marriage by a vote of 137-132 according to a report from the Canadian Broadcasting Corporation. The motion read: That, in the opinion of this House, it is necessary, in light of public debate around recent court decisions, to reaffirm that marriage is and should remain the union of one man and one woman to the exclusion of all others, and that Parliament take all necessary steps within the jurisdiction of the Parliament of Canada to preserve this definition of marriage in Canada. The Canadian Liberal government announced its intent to legalize same-sex marriages this summer after an Ontario court ruling supporting their constitutionality. If that legislation passes, Canada will become the third country to recognize same-sex marriage after the Netherlands and Belgium. For more background, see Same-Sex Marriage: Canada, Europe and the United States, by Duke law professor Ralf Michaels.
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This day at law - US Constitution adopted
Prof. Bernard Hibbitts at 8:32 AM

On September 17, 1787, the United States Constitution was adopted by the 39 delegates to the federal Constitutional Convention in Philadelphia. Learn more about the Constitution from the recently-opened National Constitution Center.
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Tuesday, September 16 |

US vetos Security Council resolution demanding Israel not deport Arafat
Prof. Bernard Hibbitts at 5:31 PM

From the UN News Center:The United States today vetoed a United Nations Security Council resolution specifically demanding that Israel not deport or threaten the safety of Palestinian leader Yasser Arafat. Eleven members voted in favour and three abstained on the resolution, which was sponsored by Council members Pakistan and Syria, along with South Africa and the Sudan. The defeated text also demanded "the complete cessation of all acts of violence, including all acts of terrorism, provocation, incitement and destruction" and expressed full support for the Road Map peace plan. The abstaining Security Council members were Bulgaria, Germany and the United Kingdom.
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9th Circuit could rehear recall case
Prof. Bernard Hibbitts at 5:16 PM

A day after its ruling to postpone the California recall[PDF], the US Ninth Circuit Court of Appeals said Tuesday that it would be willing to receive briefs on whether the case should be reheard en banc by an 11-judge panel - a vote to put the case to that panel could then be called by any Circuit Court judge. Read the Order[PDF] setting the deadline for receipt of briefs at 2 PM Pacific Time Wednesday. Loyola LA law prof Rick Hasen, who filed an amicus brief with the 9th Circuit Court of Appeals in support of enjoining the recall, has much more news and analysis on his Election Law weblog.
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UN chief discusses human rights, courts and legal affairs in Annual Report
Prof. Bernard Hibbitts at 5:04 PM

UN Secretary-General Kofi Annan presented his latest Annual Report on the work of United Nations system on Tuesday. While the focus of the report was on peace and security issues, in particular the differences of member states over Iraq, the report also included assessments of progress in human rights, evaluations of the work of UN-associated international tribunals (including the International Criminal Court, the international criminal tribunals for the former Yugoslavia and Rwanda, and the Special Court for Sierra Leone), and status reports on various bodies charged with co-ordinating international legal affairs. On human rights in particular, Secretary General Annan noted the development of new challenges: A slowing international economy and inadequacies in governance have lessened the ability of Governments to uphold minimum standards of economic and social rights, as well as of civil and political rights. The Governments of some developed countries show signs of resentment as international human rights conventions are applied to them. At the same time, there is a corresponding disquiet on the part of developing countries in the Commission on Human Rights on the issue of how to deal with allegations of gross violations of human rights levelled at some of them. Review the full text of the report.
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Canadian Parliament votes on marriage definition
Prof. Bernard Hibbitts at 4:50 PM

Following an announced decision by the Canadian federal government this summer to present a bill allowing same-sex marriage, the Canadian Parliament this afternoon is debating an Opposition motion that would reaffirm the heterosexual definition of the marriage union. Watch the debate live on CPAC, the Canadian parliamentary channel. A vote is expected at around 5:30 PM.
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Capital University Law School offers new tax certificate programs
Matthew Shames at 4:25 PM

Capital University Law School has announced that it will offer new tax certification programs in Estate Planning and Employee Benefits. In other law school news, planning continues for a new law school at the University of North Carolina at Charlotte according to a story in the UNCC Niner campus paper.
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The US and the International Criminal Court
Prof. Bernard Hibbitts at 1:10 PM

The State Department has today released a transcript of remarks made September 12 by Lincoln P. Bloomfield, Jr., Assistant Secretary for Political-Military Affairs, on American policy toward the International Criminal Court, arguing in particular that the European Union's "effort to impede the U.S. Article 98 campaign [to craft agreements with individual states to hold US personnel exempt from ICC process] does not serve the interests of Europe, the EU or the states of Europe. " Read the full text of the speech.
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New September 11 lawsuits
Prof. Bernard Hibbitts at 12:43 PM

The BBC and other sources report today that a British-born Algerian Muslim wrongly accused of training the Septmber 11 hijackers, and subsequently held in a British prison for five months while under extradition process to the US, is now suing the FBI and the US Justice Department for $10 million each. Meanwhile, in the United States, AP says that the family of John O'Neill, an FBI counterterrorism expert killed in the World Trade Center attack, is suing the government of Iraq for $1 billion, accusing Iraq of complicity with Al Qaeda.
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Human rights violations on the rise in Afghanistan
Prof. Bernard Hibbitts at 11:54 AM

The Afghan Independent Human Rights Commission (AIHRC) says that human rights violations are on the rise in Afghanistan, according to a report Tuesday on IRIN, the news service of the UN Office for the Coordination of Humanitarian Affairs. AIHRC was established in 2002 under the provisions of the Bonn agreement - visit its website here.
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Continuity of the US Government
Prof. Bernard Hibbitts at 10:23 AM

The Senate Judiciary Committee and the Senate Rules Committee are holding a joint hearing this morning on Ensuring the Continuity of the United States Government: The Presidency. Scheduled legal academic witnesses include Akil Amar of Yale Law School and Howard Wasserman of Florida Intrenational University College of Law. Watch the hearing live here, and read the written testimony of John Fortier, Executive Director of the Continuity of Government Commission.
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President calls for easing anti-pollution laws
Prof. Bernard Hibbitts at 9:48 AM

In a speech Monday at a power plant in Michigan, President Bush called for making pollution regulations more lenient in the interests of job-creation. The San Francisco Examiner carries a LA Times report on the speech here, and the complete text of the speech itself is available from the White House website.
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FISA court judge speaks
Prof. Bernard Hibbitts at 9:42 AM

Today's Toledo Blade carries a story on Toledo-based US District Judge James Carr, who discussed his service on the "secret" Foreign Intelligence Surveillance Court yesterday with students at the University of Toledo College of Law.
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Alexandria Juvenile Court serves as model for juvenile justice reform
Ryan DeMotte at 9:37 AM

The Washington Post reports on an innovative approach to juvenile justice taken by the Alexandria Juvenile Court. In other judicial news, the Concord Monitor reports that the New Hampshire Supreme Court yesterday upheld a lower court order to unseal divorce records, holding that the public's constitutional right to monitor the courts outweighs individual privacy rights.
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More analysis of the recall ruling
Prof. Bernard Hibbitts at 8:53 AM

Rick Hasen, an election law scholar at Loyola Law School Los Angeles, offers this analysis on his weblog, while Adam Liptak offers a perspective on the legal context in today's New York Times. Meanwhile, Yale constitutional scholar Jack Balkin chimes in here, and University of San Diego legal theorist Larry Solum offers his perspectives on the claim preclusion issue here. AP says that one pro-recall group has announced that it will appeal the recall ruling to the Supreme Court today.
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ABA President calls on Congress to step up oversight of terror laws
Prof. Bernard Hibbitts at 8:40 AM

American Bar Association President Dennis Archer addressed the City Club of Chicago Monday, expressing concerns about unsupervised law enforcement under the Patriot Act and other instruments:“As lawyers, we have a responsibility to work to ensure the fair administration of justice in this country,” Archer says. “As we work through this very important balancing act between civil liberties and national security concerns, we need to ensure that Congress and the Administration work closely on these issues, and that they inform and engage the American people about how we proceed.”
“I appreciate that we need to be as aggressive as possible in pursuing the war on terror,” Archer says. “We do need expanded law enforcement power. But so must we ensure that our actions and policies reflect who we are and what we stand for. We need to pursue the war on terror, but to do so in the American way.” More on Archer's speech is available from the ABA.
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Ashcroft denounces "hysteria" over Patriot Act
Prof. Bernard Hibbitts at 8:32 AM

AP reports on a speech delivered Monday by US Attorney General John Ashcroft in which he described criticisms of the Patriot Act made by the American Library Association and others as "hysteria and hyperbole." Here is an excerpt of his remarks: Unfortunately, at this moment, Washington is involved in a debate where hysteria threatens to obscure the most important issues.
If you were to listen to some in Washington, you might believe the hysteria behind this claim: "Your local library has been surrounded by the FBI." Agents are working round-the-clock. Like the X-Files, they are dressed in raincoats, dark suits, and sporting sunglasses. They stop patrons and librarians and interrogate everyone like Joe Friday. In a dull monotone they ask every person exiting the library, "Why were you at the library? What were you reading? Did you see anything suspicious?"
According to these breathless reports and baseless hysteria, some have convinced the American Library Association that under the bipartisan Patriot Act, the FBI is not fighting terrorism. Instead, agents are checking how far you have gotten on the latest Tom Clancy novel.
Now you may have thought with all this hysteria and hyperbole, something had to be wrong. Do we at the Justice Department really care what you are reading? No.
The law enforcement community has no interest in your reading habits. Tracking reading habits would betray our high regard for the First Amendment. And even if someone in the government wanted to do so, it would represent an impossible workload and a waste of law enforcement resources.
The fact is that our laws are very particular and very demanding. There are strict legal requirements. A federal judge must first determine that there is an existing investigation of an international terrorist or spy, or a foreign intelligence investigation into a non-U.S. person, and that the business records being sought are relevant to that investigation. Without meeting these legal requirements, obtaining business records, including library records, is not even an option.
With only 11,000 FBI agents in the entire country, it is simply ridiculous to think we could or would track what citizens are reading. I am not in a position to know, but according to the American Library Association there are more than 117,400 libraries in the United States. The American Library Association tells me that Americans visit our nation's libraries more than one billion times a year-1,146,284,000, to be exact. While there, they check out nearly two billion books a year-1,713,967,000, to be precise. The hysteria is ridiculous. Our job is not. Read the full text of Attorney General Ashcrofts's speech on the US Department of Justice website.
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This day at law - President Ford offered amnesty to Vietnam draft-evaders
Prof. Bernard Hibbitts at 8:21 AM

On September 16, 1974, President Gerald Ford announced a conditional amnesty program for Vietnam War deserters and draft-evaders which would waive any charges provided they agreed to work two years in public service. A Presidential Clemency Board was created to administer the program - it finished its work in September 1975 after having disposed of 14, 514 cases. Critics said the initiative did not go far enough, however, and noted that only about 19 percent of eligible persons even applied. Learn more about the conditional amnesty program from the Papers of Charles E. Goodell, the Washington lawyer who was Chairman of the PCB, now housed at the Ford Presidential Library in Ann Arbor, Michigan.
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Monday, September 15 |

UConn law dean seeks funding for tribal law center
Matthew Shames at 10:28 PM

AP reports that Nell Jessup Newton, the dean of the University of Connecticut's School of Law, is attempting to gather the funding to open an academic center that would focus on tribal legal issues. In other law school news, the Grand Forks Herald reports on the "impressive resume" of Victor Streib, a finalist for the deanship at the University of North Dakota School of Law.
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O'Connor highlights judicial independence in Bahrain forum
Prof. Bernard Hibbitts at 8:42 PM

Addressing the 2003 Arab Judicial Forum 2003 in Bahrain Monday, US Supreme Court Justice Sandra Day O'Connor highlighted the importance of judicial independence in successful legal cultures:She said the principle of judicial independence is deeply embedded in virtually all the Arab constitutions. To drive home her point, she quoted the specific articles of the Bahraini, Egyptian and Jordanian constitutions to that effect.
The Cairo Declaration on Judicial Independence, formulated at the Second Arab Justice Conference in February 2003, "agree[d] that an independent judiciary is the main pillar supporting civil liberties, human rights, comprehensive development processes, reforms in trade and investment regimes, regional and international economic cooperation, and the building of democratic institutions," Justice O'Connor said, quoting the declaration.
"As we embark today on the work of the Judicial Forum, I hope that we shall keep in mind the importance of independence to the effective functioning of the judicial branch," the justice said. British barrister Cherie Booth Blair, wife of British Prime Minister Tony Blair, also spoke to delegates. More details on Monday's addresses from the US State Department.
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Recall and the Supreme Court
Prof. Bernard Hibbitts at 7:23 PM

AP is carrying a story on the mechanics of how the US Supreme Court might handle the California recall case. It begins: If the California recall case should come to the Supreme Court, it would land first on the desk of Justice Sandra Day O'Connor. O'Connor has jurisdiction over appeals from the 9th U.S. Circuit Court of Appeals, which includes California. She could act on an emergency appeal alone, or refer it to her eight colleagues.
Read the full article, and read this AP story on how they might rule on the case.
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Human rights abuses rampant in Liberia - HRW
Prof. Bernard Hibbitts at 5:18 PM

In a press release dated for tomorrow, New York-based monitoring group Human Rights Watch says that Liberian government forces and rebel fighters are committing grave human rights abuses and that immediate UN action is necessary to protect civilians. A HRW briefing paper on the situation in Liberia is also available.
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US Commission on Civil Rights opposes ban on race data
Prof. Bernard Hibbitts at 5:08 PM

By a vote of 6-2, the members of the US Commission on Civil Rights have affirmed that race data is essential to the advancement of civil rights enforcement, and have expressed their opposition to efforts at banning its collection by governments and public institutions. Read today's USCCR press release.
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Recall oral arguments online
Prof. Bernard Hibbitts at 4:53 PM

The oral arguments made before the US 9th Circuit Court of Appeals in the California recall case when it was heard on September 11 are still available online from the Court (Windows Media format; download make take a while on modem connections).
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Transitional constitution agreed to in Somalia
Prof. Bernard Hibbitts at 4:20 PM

Reuters reports Monday that with mediation by Kenyan diplomats, warring factions in Somalia have agreed upon the text of a transitional constitution to stabilize the country, which despite efforts at intervention by the United States and other powers has been in disarray since the overthrow of a military government in 1991.
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Recall ruling welcomed by law professor
Prof. Bernard Hibbitts at 4:05 PM

Gerald Uelmen, a former dean of the California's Santa Clara University School of Law (and a former JURIST Guest Columnist) is quoted by Bay City News Service as saying that there is a good possibility that the US Supreme Court - not wanting to get involved in any more post-Florida election imbroglios - will let stand today's ruling blocking the California recall vote. The story goes on to note, however, that the Santa Clara law faculty as a whole appears evenly split on the issue.
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Progress on landmines treaty, but US still out
Prof. Bernard Hibbitts at 3:51 PM

In a message Monday to the Fifth Meeting of States Parties to the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personal Mines and on Their Destruction, being held in Bangkok, UN Secretary General Kofi Annan noted that more than two-thirds of all countries have banned anti-personnel mines since the treaty came into force in 1999, and called on nations that have not yet signed or ratified the accord (including the United States - see the latest monitoring report from the International Campaign to Ban Landmines) to do so.
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California recall election postponed by 9th Circuit
Prof. Bernard Hibbitts at 3:16 PM

The US Ninth Circuit Court of Appeals has authorized the issuance of a preliminary injunction postponing the California recall election originally scheduled for October 7, 2003 to the next regularly-scheduled statewide election in March:On October 7, 2003, California voters will be asked to cast a ballot on some of the most important issues facing the State, including an unprecedented vote on the recall of a governor. However, forty-four percent of the electorate will be forced to use a voting system so flawed that the Secretary of State has officially deemed it “unacceptable” and banned its use in all future elections. The inherent defects in the system are such that approximately 40,000 voters who travel to the polls and cast their ballot will not have their vote counted at all. Compounding the problem is the fact that approximately a quarter of the state’s polling places will not be operational because election officials have insufficient time to get them ready for the special election, and that the sheer number of gubernatorial candidates will make the antiquated voting system far more difficult to use. Plaintiffs allege that the use of the obsolete voting systems in some counties rather than others will deny voters equal protection of the laws in violation of the United States Constitution. They seek to postpone the vote until the next regularly scheduled statewide election six months from now, when the Secretary of State has assured that all counties will be using acceptable voting equipment, and all the polls will be open. We agree... Read the full opinion on the Court's website. The Court has stayed its own Order for seven days to allow an appeal. An explanatory press release is also available from the Court.
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Antispam law works in Korea
Prof. Bernard Hibbitts at 12:32 PM

Today's ComputerWorld highlights a study that has found that a new South Korean law against unsolicited commercial e-mail - aka "spam" - has succeeded in significantly reducing the amount of spam received by users. The findings "come as several nations around the world are drafting antispam legislation and debating the best way to stem the growing amount of spam filling mailboxes worldwide. The issue has been a hot topic already this year in the U.S., Australia, New Zealand, Brazil and member states of the European Union."
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Cameras in the (Supreme) courtroom?
Prof. Bernard Hibbitts at 12:14 PM

Writing in the latest issue of the Columbia Journalism Review, Karen Aho wonders whether broadcast access to the US Supreme Court will result in more serious coverage of that body, or not: Overall, coverage of the Supreme Court is declining. Studies culled from journalism journals show 30 percent fewer newsmagazine stories in the 1980s than in the 1970s; half as many broadcast stories in 1994 as in 1989; and a drop from thirteen to nine full-time Court reporters from 2001 to 2002. The pressroom is getting noticeably quieter. Read the complete article.
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More law at sea - due process for Iraqi oil smugglers
Prof. Bernard Hibbitts at 12:00 PM

In an effort to highlight progress towards a fully-functioning Iraqi justice system, a Monday press release from CENTCOM tells the story of an Iraqi judge brought out to sea by US Central Command and the Coalition Provisional Authority to begin adjudication of cases against ships accused of smuggling oil in Iraq's territorial waters.
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Law at sea - Amistad replica prompts rights discussions
Prof. Bernard Hibbitts at 10:42 AM

A replica of The Amistad, the nineteenth century slave ship taken over by rebellious slaves that became the center of a famous US Supreme Court case in 1841, will become a floating classroom on slavery and civil rights when it visits Central New York State this week, according to the Syracuse Post-Standard.
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Sarbanes-Oxley confusing for lawyers outside US
Prof. Bernard Hibbitts at 10:14 AM

A survey released this morning by Lexis-Nexis and the International Bar Association suggests that lawyers outside the United States find the Sarbanes-Oxley Act[PDF] - the 14-month-old US law regulating corporate disclosure and client confidentiality - confusing, and fear the extraterritorial nature of its reach.
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Texas redistricting order online
Prof. Bernard Hibbitts at 10:02 AM

Friday's federal court order dismissing Texas Democrats' redistricting suit is now online from FindLaw[PDF].
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Jury successes for Presidential candidate Edwards could be trouble
Prof. Bernard Hibbitts at 9:56 AM

Monday's Boston Globe carries a feature story on the successes of Democratic Presidential candidate Senator John Edwards as a trial lawyer winning high awards from juries, suggesting that his political future could be tied to the medical malpractice reform debate.
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Constitutional amendment against same-sex marriage?
Prof. Bernard Hibbitts at 9:43 AM

Today's Harvard Crimson carries an editorial opposing any constitutional amendment aimed at prohibiting same-sex marraige.
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Law professors say 9th Circuit could postpone CA recall
Prof. Bernard Hibbitts at 9:32 AM

The US 9th Circuit Court of Appeals could rule this week that the California recall should be postponed, according to law professors quoted in an article by James G. Lakely in the Washington Times.
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Justice Dept. seeks terror subpoenas without judicial approval
Ryan DeMotte at 9:31 AM

Eric Lichtblau of the NY Times reports on the new Justice Department proposal to allow federal agents to subpeona private records in terrorism investigations without judicial approval. In other judicial news, the Des Moines Register reports on Iowa's progress in appointing minority and female judges.... Newsday.com contains this report on New York Court of Appeals Chief Judge Judith Kaye.... The State reports that South Carolina will receive $7 million in federal funds to update courtroom technology and to provide court records on the internet.... The Fort Worth Star-Telegram reports on Hispanics in the Texas judiciary.
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UC Berkeley cracking down on file-sharing after RIAA crackdown
Prof. Bernard Hibbitts at 9:23 AM

Following legal action announced last week, UC Berkeley has cracked down on illegal file-sharing by its students. Monday's edition of Berkeley's campus paper the Daily Californian has more.
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Australian law on terror criticized
Prof. Bernard Hibbitts at 9:20 AM

Janeki Kremmer, reporting from Sydney, Australia, for the Washington Times, reports that despite broad political backing new Australian anti-terror laws are running into opposition from local civil libertarians. The laws give increased powers to the Australian Securioty Intelligence Organization.
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Conservatives say Hatch goes too far in defending Patriot Act
Prof. Bernard Hibbitts at 9:06 AM

The head of the Senate Judiciary Committee is now catching flak from political allies on the right:Conservative commentators in Washington say the chairman of the Senate Judiciary Committee should stop handing the keys to constitutional protections to a Justice Department that wants as much power as possible to stop suspected terrorists yet won't divulge specifics on how that broad authority is being used to monitor law-abiding citizens. More from Christopher Smith in today's Salt Lake Tribune.
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This day at law - Nazi Germany implemented Nuremberg Laws
Prof. Bernard Hibbitts at 8:33 AM

On September 15, 1935, the Nuremberg Laws of Nazi Germany became effective, racially defining German citizenship and making Jews outcasts. Review the Laws for Protection of the German Race on Citizenship, German Blood and German Honor, and Hereditary Health.
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PAPER CHASE STAFF
Anchors
Anchors for JURIST's Paper Chase take rotating online shifts through the week, researching and reporting breaking legal news and other interesting law-related stories as they happen.
- Adam Henry is a 2L at the University of Pittsburgh School of Law. He is also JURIST's Law School News Editor. Adam holds an AB in Politics from Princeton University.
- Bernard Hibbitts is the founder and Director of JURIST, and a law professor at the University of Pittsburgh School of Law.
- Jeannie Shawl is a 2L at the University of Pittsburgh School of Law. She is also JURIST's International Law Editor. Jeannie holds a BA in Government from the College of William & Mary.
- Jen Nolan is a 2L at the University of Pittsburgh School of Law. She is also JURIST's Civil Rights Editor. Jen holds a BA in Sociology and Political Science from the University of Illinois.
- Justine Stefanelli is a 2L at the University of Pittsburgh School of Law. She is also JURIST's Department of Justice News Editor. Justine holds a BS in Psychology from Duquesne University.
- Matthew Jacobs is a 2L at the University of Pittsburgh School of Law. He is also JURIST's Cyberspace Law Editor. Matt holds a BS in Physics from Carnegie Mellon University.
- Ryan DeMotte is a 2L at the University of Pittsburgh School of Law. Ryan holds a BA in Economics from Grove City College.
- Timothy Lyon is a 2L at the University of Pittsburgh School of Law. He is also JURIST's Criminal Law and Punishment Editor. Tim holds a BA in History from the University of Pittsburgh.
Reporters
Reporters for JURIST's Paper Chase file regular reports on the latest legal developments in a specific subject-area.
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