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NEW! Legal news headlines from JURIST's Paper Chase are now available free for legal, .edu, .gov and .org websites. For information and instructions, click here.

Saturday, October 11

This day at law - Harlan Fiske Stone born
Prof. Bernard Hibbitts at 12:02 AM

On October 11, 1872, Harlan Fiske Stone, future Columbia Law School dean (1910-1924), US Attorney General under President Calvin Coolidge (1924-25), US Supreme Court Associate Justice (1925-41) and Chief Justice (1941-46), was born in Chesterfield, New Hampshire. As part of a political compromise, Stone became the first Supreme Court nominee to appear before the Senate Judiciary Committee, testifying for five hours on January 28, 1925.
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Friday, October 10

Anonymous donor provides public service scholarships at Emory Law
Matthew Shames at 3:49 PM

The Emory Wheel reports that an anonymous donor has granted $600,000 to Emory University School of Law, which will be used to help pay back loans for graduates who enter public service in Georgia. In other law school news, AP reports that Florida State University College of Law professor Paul LeBel has been offered the dean's position at the University of North Dakota School of Law... The Yale Daily News reports on protests at Yale Law School over a recruiting visit from the Judge Advocate General Program.
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Federal judge blocks Missouri abortion delay law
Ryan DeMotte at 3:03 PM

Two days after announcing what he would do, Senior US District Judge Scott O. Wright has issued a temporary injunction blocking enforcement of a new Missouri law requiring a 24-hour waiting period for abortions. The law had been the subject of a suit by Planned Parenthood, which had argued that the statute was "unconstitutional, because it replaces existing law with confusing, overly broad and ambiguous provisions, with which abortion providers must comply in order to obtain informed consent." Read a Planned Parenthood press release. A full hearing is scheduled for January 27.
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FBI interviews White House staffers in leak probe
Ryan DeMotte at 1:56 PM

The FBI has begun interviewing White House staffers as part of its investigation into the leak that illegally identified a CIA operative. Read the memo sent to staffers by the White House Counsel regarding the investigation here.
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Justice Ginsburg honored for contributions to legal profession
Ryan DeMotte at 1:28 PM

This is Ryan DeMotte at the JURIST anchor desk. Supreme Court Justice Ruth Bader Ginsburg was honored Thursday evening by the National Association of Women Judges at their annual dinner. Ginsburg discussed her the strides women have taken in the legal profession over the course of her career. Over 900 judges, lawyers, and law professors were in attendance.
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Law professors on Schwarzenegger transition team
Prof. Bernard Hibbitts at 12:25 PM

Two law professors, one Republican and one a Democrat, are on the transition team for California Governor-elect Arnold Schwarzenegger, according to a list published Friday by the San Jose Mercury News
  • Viet Dinh, Washington, D.C., law professor and deputy director of Asian Law and Policy Studies at Georgetown University Law Center
  • Susan Estrich, Los Angeles, law professor at University of Southern California and a frequent commentator on television news programs who managed former Massachusetts Gov. Michael Dukakis' Democratic presidential campaign
The full list of transition team members is available here.

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Law, loyalty and treason
Prof. Bernard Hibbitts at 12:08 PM

University of North Carolina law professor Eric Muller is blogging live today from the UNC Law Review's symposium on Law, Loyalty and Treason. Read his ongoing posts on the proceedings here.
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Red Cross blasts Guantanamo Bay detention camp at end of inspection
Prof. Bernard Hibbitts at 11:44 AM

Completing a two-month inspection of conditions for terror detainees held at the US Guantanamo Bay military base in Cuba (official website here), a top Red Cross official has said that the indefinite detention of prisoners without charge is unacceptable. The BBC has more. The International Committee of the Red Cross had previously outlined some of its concerns about the camp in August, before the latest inspection began. At that time it said its main concern was that "the US authorities have placed the internees in Guantanamo beyond the law. This means that, after more than eighteen months of captivity, the internees still have no idea about their fate, and no means of recourse through any legal mechanism." Read the full Red Cross report on its work for detainees at Guantanamo.
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UN briefing on war crimes courts
Prof. Bernard Hibbitts at 11:29 AM

Officials of the International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) briefed members of the UN Security Council Thursday on recent developments and future institutional plans. Watch recorded video from the UN here (3 hours - the session begins approximately 23 minutes into the recording).
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Iran's media downplay Nobel Peace Prize award to Iranian rights lawyer
Prof. Bernard Hibbitts at 8:38 AM

The Norwegian Nobel Committee has awarded the Nobel Peace Prize for 2003 to Iranian lawyer Shirin Ebadi for her efforts for democracy and human rights, especially the rights of women and children. Read the Nobel Committee's official press release. One of the first female judges in Iran, Ms. Ebadi had to resign her position after the 1979 Iranian revolution that brought conservative Islamic clerics to power. She later lectured on law at Tehran University. Several of Ms. Ebadi's articles on children's rights are available in English here. Ms Ebadi's award is but briefly noted on the website of IRNA, the official Iranian news agency, and, as of this writing, is overlooked completely on the English-language news page of IRIB, the Iranian television website.
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Friday law and business press review
Maryam Shad at 6:49 AM

This is Maryam Shad reporting on legal stories running Friday in the US law and business press. The Washington DC Legal Times reports that a Senate filibuster is likely on the nomination of Mississippi U.S. District Judge Charles W. Pickering, Sr. to the Fifth Circuit Court of Appeals.... The Chicago Lawyer reports on increasing pressure to cap awards for state tort claims as the number of multimillion dollar settlements rises.... Crain's New York Business says that under the terms of a settlement of an IPO-related case between a former Qwest Communications CEO and New York Attorney General Eliot Spitzer, New York Law School and St. John's University Law School will receive $400,000 to set up law clinics to help investors bring claims before securities arbitration panels.... FindLaw's Writ features commentary on criminal charges which may arise in the White House CIA leak case by John Dean, counsel to President Richard M. Nixon. For background, read Dean's previous commentary on this issue here.
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This day at law - Outer Space Treaty took effect
Prof. Bernard Hibbitts at 12:02 AM

On October 10, 1967, the Outer Space Treaty demilitarizing outer space entered into force.
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Thursday, October 9

Law in Friday's foreign press
Zak Shusterman at 10:03 PM

This is Zak Shusterman reporting on legal stories running Friday in the foreign press. The BBC reports Solomon Islands rebel leader Keke is being charged with the murder of several missionaires who were held hostage for months. Keke is already being held for the murder of a priest who was also a member of parliament.... The Japan Times states the House of Councillors has endorsed a two year extension of the antiterrorism law. The Upper House is expected to approve the extension Friday afternoon.... Al Jazeera covers the impending resignation of Palestinian Prime Minister Quraya. He was appointed by President Arafat as the Occupied West Bank and Gaza came under emergency rule.
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Sniper suspect Malvo to argue insanity defense at murder trial
Adam Henry at 4:17 PM

AP reports that defense lawyers for teenage sniper suspect (John) Lee Boyd Malvo will argue the defense of insanity to charges of murder at Malvo's trial next month in Fairfax County, VA. Full information is available at the court's website.
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Groups press for rights of detainees in Guantanamo and Iraq
Adam Henry at 4:02 PM

As AP reports, six former federal judges have joined amici briefs to the Supreme Court of the United States, urging that court to review the appeals of detainees being held at Guantanamo Bay, Cuba. John J. Gibbons, former chief justice of the Third Circuit, contends that Guantanamo is effectively American territory and that detainees therefore deserve constitutional protections that they have been heretofore denied. AP also reports, separately but similarly, that the Iraqi Lawyers League has mounted a rights campaign on behalf of those detained by the United States military in Iraq.
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Texas lawmakers reach tentative redistricting agreement
Adam Henry at 3:07 PM

Texas state legislators from both sides of the aisle have tentatively agreed to a new congressional redistricting plan for their state, only two years removed from the state's last redistricting effort. The agreement, brokered by House Majority Leader Tom Delay, allows Republicans to capitalize on their newfound electoral dominance following months of dilatory tactics by their Democratic counterparts. Such redistricting, when it is unfairly executed, is known as "gerrymandering," a word whose colorful origin is recounted here [scroll down].
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Racial diversity and judicial elections - live webcast!
Prof. Bernard Hibbitts at 2:56 PM

The University of Cincinnati Center for Law and Justice and the Black Law Students Association present a panel discussion on racial diversity and judicial elections in Cincinnati, marking the tenth anniversary of the resolution of the Mallory v. Eyrich Voting Rights Act case. Watch a live webcast of this event from the University of Cincinnati College of Law beginning at 3 PM ET.
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DOJ to lead support program for domestic violence victims
Adam Henry at 2:34 PM

This is Adam Henry at the JURIST anchor desk. The United States Department of Justice has announced that it will lead the President's Family Justice Center Initiative, a pilot program that aims to create a dozen comprehensive centers of support around the country for victims of domestic violence. These Family Justice Centers will be staffed by professionals from diverse fields, including prosecutors and civil legal attorneys for legal support. The program embraces the support of the faith community, representing another advance for the President's controversial Faith-Based and Community Initiatives.
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Law in Thursday's major papers
Ryan DeMotte at 1:45 PM

This is Ryan DeMotte reporting on legal stories running in Thursday's major papers. In the Washington Post, Jonathan Krim reports on the ongoing legal battle between direct marketers and privacy proponents. Also in the Post is a report on proposed SEC rules allowing shareholders to elect their own representatives to corporate boards.... In Thursday's New York Times James Dao reports on the discovery of listening devices planted in the office of Philadelphia Mayor John Street as part of a federal corruption investigation.... In Los Angeles Times, David Savage reports on Wednesday's oral arguments in a Supreme Court case involving the work rights of former drug and alcohol abusers under the Americans with Disabilities Act.
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Immigration review board upholds deportation of former Nazi
Timothy Lyon at 1:25 PM

The US Department of Justice announced Thursday that its Board of Immigration Appeals, part of the Executive Office for Immigration Review, has upheld an order deporting a Florida man to Lithuania for his persecution of Jews in Nazi-controlled Lithuania during World War II. The press release describing the original deportation order, issued in May by the US Immigration Court in Bradenton, Florida, can be found here.
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EU sees possible Constitutional referendum crisis
Timothy Lyon at 12:45 PM

In a developing story on JURIST, the EU Observer reports that even if European governments can agree on the details of the Constitution, each of the 25 member nations must subsequently adopt it. To some, the adoption represents an even greater problem. A draft of the proposed EU Constitution can be found here[PDF].
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Canadian Supreme Court declines gay marriage appeal
Timothy Lyon at 12:20 PM

This is Tim Lyon at the JURIST anchor desk. The Toronto Globe & Mail reports that the Supreme Court of Canada has held today that conservative and religious groups cannot appeal a decision by the Ontario Court of Appeal that declared the traditional heterosexual definition of marriage to be unconstitutional. A copy of the Ontario Court of Appeal decision can be found here.
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Thursday legal press review
Maryam Shad at 12:53 AM

This is Maryam Shad reporting on stories running Thursday in the US legal press. The ABA Journal website features an article on lawyers who have been disbarred for fraud or other misconduct and who are winning reinstatement in other states.... The Recorder (CA) reports that lawyers are interested in actions Governor-elect Arnold Schwarzenegger may take to shape the state judiciary.... FindLaw's Writ has commentary from Cardozo law professor Marci Hamilton on the new Supreme Court term and the Court's perceived return to moderate federalism.
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Law in Thursday's foreign press
Zak Shusterman at 12:34 AM

This is Zak Shusterman reporting on legal stories running Thursday in the foreign press. The International Herald Tribune reports the French Justice Ministry has received a U.S. request to extradite former high-level banking executives in an ongoing investigation of France's Credit Lyonnais.... The Moscow Times covers the Moscow Helsinki Group declaring the recent Chechen presidential election a farce. The winner was the Moscow-appointed administrator and former rebel leader of the battle-torn republic. Many human rights groups have claimed that all serious challengers were removed from the ballot.... The Budapest Sun follows several Hungarian Ministries developing a plan to stem child abuse and domestic violence. In particular, Hungary must enforce the UN Convention on the Elimination of All Forms of Discrimination against Women which it ratified in 1982.... The Hindustan Times states India's Supreme Court has denied a non-governmental organization's attempt to force notification of the Delhi Rent Control Act eight years after presidential assent. Notification in the official gazette is the final step required to enact a law.
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This day at law - Roger Williams banished for preaching religious liberty
Prof. Bernard Hibbitts at 12:01 AM

On October 9, 1635, separatist Roger Williams was banished from Massachusetts colony for preaching that civil government had no right to interfere in religious affairs. Read his Plea for Religious Liberty.
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Wednesday, October 8

Yale Law bombing suspect cleared
Matthew Shames at 4:56 PM

The Yale Daily News reports that Vincent Pergolotti, Jr. has been cleared as a suspect in the continuing investigation of the May 21 bombing at Yale Law School. In other law school news, the Miami Daily Business Review reports (via law.com) that former US Attorney General Janet Reno has taken a visiting appointment at the University of Miami School of Law's Center for Ethics and Public Service.
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Iowa Supreme Court strikes grandparents visitation law
Prof. Bernard Hibbitts at 4:50 PM

The Iowa Supreme Court Wednesday struck down as unconstitutional a state law that guaranteed grandparents' rights to child visitation. The Court said that the law violated the rights of parents. More from AP. The ruling in Lamberts v. Lillig is available here from the Iowa Supreme Court website.
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ACLU says White House trying to push through PATRIOT II piecemeal
Prof. Bernard Hibbitts at 4:23 PM

The American Civil Liberties Union said Wednesday that in the face of opposition to an expanded sequel to the USA PATRIOT Act, the White House is attempting to push its provisions through Congress piecemeal. Read the ACLU press release and their full report.
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Executive privilege and the CIA leak case
Prof. Bernard Hibbitts at 3:21 PM

According to a story in Wednesday's Boston Globe, "administration officials yesterday refused to rule out invoking executive privilege to shield some documents from Justice Department investigators looking into whether someone in the White House illegally leaked the name of a CIA operative." Read the article here. Columbia law professor Michael Dorf offered a brief history of executive privilege in this February 2002 FindLaw column. In March 2002, the Duke Law Journal sponsored a conference on Executive Privilege and the Bush Administration; among the papers presented was one by Professor Mark Rozell of the Department of Politics, Catholic University, venturing that "Bush's actions so far also indicate a propensity to use executive privilege in cases where it is not appropriate."
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Group asks ICJ to declare human cloning a crime
Justine Stefanelli at 2:39 PM

A group of scientists, doctors and legal experts headed by Florida attorney Bernard Siegel asked the International Court of Justice Wednesday to issue an advisory opinion that would declare human cloning a crime against humanity. Siegel has sued Clonaid, a firm that is connected with the Raelian movement, which claimed to have cloned the first human baby last December. The group feels that a ruling of the World Court would be a strong legal deterrent to would-be human cloners. Reuters carries the full story.
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Arizona Court of Appeals upholds state ban on same-sex marriage
Justine Stefanelli at 1:57 PM

Today, a unanimous three-judge panel of the Arizona Court of Appeals ruled that the fundamental right to marry "does not encompass the right to marry a same-sex partner." The court further held that because the prohibition against same-sex marriage "rationally furthers a legitimate state interest," it does not deprive the couple of their constitutional rights. The complete text of the ruling is available here. AP has more.
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Afghan constitution to be released
Justine Stefanelli at 1:32 PM

At a joint press conference with visiting US Republican senators, Afghanistan's President, Hamid Karzai, said today that the new Afghan constitution will be ready for release in less than ten days. A special assembly will gather in December to approve the constitution and make way for presidential elections in 2004. Afghanistan's Constitutional Commission, responsible for preparing the document, has a website here. See AFP for the full story.
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Napster is back and legal
Justine Stefanelli at 1:21 PM

Napster 2.0 is set to launch tomorrow with some minor changes. Roxio, its new owner, says that for either a monthly fee or a charge per song, over 500,000 songs will be available to download through their service. Napster 2.0 is targetting the millions of Windows users that were left out by Apple's iTunes service. See the full story in today's Sydney Morning Herald.
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Law in Wednesday's major papers
Ryan DeMotte at 1:07 PM

This is Ryan DeMotte reviewing legal stories and features in Wednesday's major US papers. In the New York Times, Supreme Court correspondent Linda Greenhouse reports on the legal dispute between Maryland and Virginia over the Potomac River that was argued before the Court yesterday. The Court will decide whether Virginia must obtain Maryland's approval to build a pipe to extract drinking water for Fairfax County. Also in the Times, Abby Goodnough reports that Florida Governor Jeb Bush has filed an amicus brief in a case involving the right of a husband to terminate life support for his incapacitated wife. Bush is supporting the wife's parents who have gone to court to keep her alive.... In Wednesday's Washington Post, Jim VandeHei reports that Democratic presidential candidate Wes Clark may have violated federal election laws by discussing his campaign during paid appearances.
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New bill makes clearing checks easier
Justine Stefanelli at 12:44 PM

Today, the US House of Representatives passed bill H.R. 1474 enabling banks to clear checks electronically. AP reports that this new system will prevent the delays that resulted from the previous requirement that checks be physically transported between banks before they are cleared.
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Sherwin-Williams in the clear
Justine Stefanelli at 12:34 PM

This is Justine Stefanelli at the JURIST anchor desk. An Illinois court has dismissed an action against Sherwin-Williams and other former-manufacturers of lead paint. In a ruling Tuesday, Cook County Circuit Court judge Nancy Arnold rejected the claim by the city of Chicago and noted that four other state courts have dismissed similar lead paint lawsuits. The ruling is available here[PDF]. Read a full story on the ruling in the Mercury News.
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Australian lawyer claims US torturing Guantanamo prisoners
Prof. Bernard Hibbitts at 10:55 AM

An Australian lawyer representing two Australian citizens held as terror suspects by the United States at Camp X-Ray in Guantanamo Bay Cuba said Wednesday in an interview with the Australian Broadcasting Corporation that Guantanamo detainees are being tortured:
They are torturing people. They are torturing people on Guantanamo Bay. They are subjecting them to cruel and unnecessary treatment. And people sometimes argue about the definition of torture. What they're doing clearly comes within the definition of torture under the convention, under the international convention, but it also…they are engaging in acts which amount to torture in the medieval sense of the phrase. They are engaging in good old-fashioned torture, as people would have understood it in the Dark Ages.
Listen to the full ABC Radio report, or read a full transcript.

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California voters reject ban on collection of race data
Prof. Bernard Hibbitts at 10:41 AM

In Tuesday's recall, California voters soundly defeated a proposition advanced by a University of California Regent that would have banned the state from collecting racial and ethnic data. The San Jose Mercury News has more. Review a backgrounder on Proposition 54 from the California Legislative Analyst's Office, and visit advocacy sites for and against the initiative.
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Anti-corruption survey ranks Finland least corrupt state - US ranks 18th
Prof. Bernard Hibbitts at 10:31 AM

A new survey published Tuesday by the anti-corruption group Transparency International says Finland is the least corrupt state as perceived by business people, academics and risk analysts, both resident and non-resident. The United States ranked 18th in the survey. Nigeria and Bangladesh were perceived to be the most corrupt societies. More information on the survey is available here.
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ICTY head discusses war crimes court's "completion strategy"
Prof. Bernard Hibbitts at 10:20 AM

Judge Theodor Meron, President of the International Criminal Tribunal for the Former Yugoslavia, discussed the work of the Court and issues relating to its "completion strategy" in a statement delivered Tuesday before the US Helsinki Commission.
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Federal appeals court says FTC can enforce Do-Not-Call
Prof. Bernard Hibbitts at 8:45 AM

In a ruling Tuesday afternoon, a panel of the US Tenth Circuit Court of Appeals held that the Federal Trade Commission can legally enforce the national Do-Not-Call Registry until it decides later this month whether the registry violates the free-speech rights of telemarketers. More from Mercury News. Read the Court of Appeals decision here. Calling it a "big win for the FTC", University of Miami law professor Michael Froomkin offers this analysis on his Discourse.net weblog.
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Davis recalled; Schwarzenegger elected CA governor
Maryam Shad at 6:52 AM

This is Maryam Shad with a JURIST special report. With 95% of precincts reporting, it appears that CA voters have recalled governor Gray Davis and selected Arnold Schwarzenegger to replace him. Voters also rejected Propositions 53 and 54 in the special election. For up-to-the-minute results, click here.
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Wednesday legal press review
Maryam Shad at 1:14 AM

This is Maryam Shad reporting on stories running Wednesday in the US legal press. Today's New York Law Journal reports that the corruption trial of ex-Tyco executives L. Dennis Kozlowski and Mark H. Swartz began yesterday in Manhattan.... The American Lawyer carries a story on Curtis Trinko, a New York lawyer frustrated with his phone service who has filed an antitrust lawsuit against telephone behemoth Verizon Communications, Inc..
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Law in Wednesday's foreign press
Zak Shusterman at 12:29 AM

This is Zak Shusterman reporting on legal stories in Wednesday's foreign press. B92 in Belgrade reports that Serbia's Milosevic-era election threshold rule has the Organization for Security and Cooperation in Europe concerned about upcoming elections.... The Turkish Daily Newscontinues coverage of the debate among drafters of Turkey's new Higher Education Law.... In Kuala Lumpur, The Star follows Malaysia's claim against Singapore before the world maritime court to prevent reclamation efforts in the Straits of Johor. China's People's Daily follows a suit against Wal-Mart filed by a Chinese trade union.
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This day at law - House voted to begin Clinton impeachment
Prof. Bernard Hibbitts at 12:02 AM

On this day in 1998, the US House of Representatives voted to begin an impeachment inquiry into President Bill Clinton. Learn more about impeachment in JURIST's archived Guide to Impeachment and Censure Materials Online (1998).
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Tuesday, October 7

California recall - early returns
Zak Shusterman at 11:38 PM

This is Zak Shusterman with a JURIST special report on the California recall. The polls closed at 8 PM PT (11 PM ET) and early returns are in. With 8.6% of precincts reporting, votes in favor of the recall have a slight majority at 55%. Arnold Schwarzenegger, with 51% of the votes, leads the pool of candidates vying to replace Governor Gray Davis.
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Law school celebrates 100 years
Matthew Shames at 6:30 PM

Capital University Law School celebrates its 100th anniversary this year, beginning with a birthday party for students, faculty, and staff on October 16. For more information, visit the school's web site.
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Live California recall returns
Prof. Bernard Hibbitts at 5:13 PM

Live returns from the California recall election will be available Tuesday evening beginning at 8 PM Pacific Time on the California Secretary of State's Vote2003 website, which will be updated approximately every 10 minutes. Scrolling election results with continuous returns will be available here.
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Minnesota Supreme Court considers mental illness defense removal
Jeannie Shawl at 4:33 PM

Minnesota Public Radio reports that the Minnesota Supreme Court heard arguments today on the issue of whether the standard for determining a criminal defendant's sanity is unconstitutionally vague and is therefore a violation of the defendant's right to due process. The state's Assistant Attorney General argues that changes to the state's standard for mental illness defense should be made by the Legislature, not the Court. MPR's report can be found here (scroll down).
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US to appeal Moussaoui decision
Jeannie Shawl at 3:59 PM

This is Jeannie Shawl at the JURIST anchor desk. In a developing story on JURIST, the US government filed a notice of appeal[PDF] today that it will ask the 4th Circuit Court of Appeals to salvage its civilian prosecution of al-Qaida defendant Zacarias Moussaoui. Last week a district judge barred the government from seeking the death penalty or presenting any evidence that could link Moussaoui to the Sept. 11 hijackings. Other docket materials are available here. Associated Press coverage of this story can be found here.
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French, Czechs want referendum on EU Constitution
Matt Jacobs at 2:07 PM

In a public opnion poll reported Tuesday by Le Monde, 74% of French citizens stated that they would be in favor of a referendum on the proposed EU Constitution. Read an automated English translation here (the original French is available here). In addition, EUObserver.com reports that the Czech Republic's Prime Minister announced today that his government is also planning to hold a referendum on the constitution. Read an English-language draft of the proposed European constitution here[PDF].
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Ninth Circuit overturns FCC regulations
Matt Jacobs at 1:52 PM

This is Matt Jacobs at the JURIST anchor desk. A panel of the US Ninth Circuit Court of Appeals has ruled that the FCC incorrectly classfied cable broadband networks as an "information service" rather than a "telecommunications service." The Ninth Circuit opinion, filed on Monday, can be read here[PDF]. The ruling could lead to cable companies being forced to open access to third-party ISPs, CNET news reports. Read the official response of the FCC Chairman here.
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California recall
Prof. Bernard Hibbitts at 11:48 AM

Californians go to the polls Tuesday to vote on whether they want to recall Governor Gray Davis, and on who they would prefer to put in his place. General information on the statewide special election is available from the website of the California Secretary of State. Voters in California will also consider Propositions 53 and 54, which would respectively dedicate up to 3% of General Fund revenues annually to fund state and local (excluding school and community college) infrastructure projects (53) and prohibit state and local governments from classifying any person by race, ethnicity, color, or national origin (54).
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High standard required before retardation avoids execution
Timothy Lyon at 9:59 AM

This is Tim Lyon from the JURIST anchor desk. Law.com reports that the Georgia Supreme Court has affirmed a lower court decision requiring capital defendants to prove their retardation beyond a reasonable doubt before coming within the bounds of a state exemption on execution of mentally retarded persons. Justice George H. Carley explained that
the Georgia General Assembly, the first legislative body to create such an exemption, was originally and now remains within constitutional bounds in establishing a procedure for considering alleged mental retardation that limits the exemption to those whose mental deficiencies are significant enough to be provable beyond a reasonable doubt.
The full opinion, Head v. Hill, is available here[PDF] from the Georgia Supreme Court.

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Law, ethics and affirmative action - live webcast
Prof. Bernard Hibbitts at 8:26 AM

The University of Cincinnati College of Law and the University of Cincinnati Law Review present a symposium Tuesday entitled Law, Ethics, and Affirmative Action in America. Speakers include NYU law professor Ronald Dworkin and attorney Kirk Kolbo, counsel for the plaintiffs in the University of Michigan affirmative action admissions cases. Watch a live webcast here beginning at 9 AM ET.
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Schedule
Prof. Bernard Hibbitts at 8:21 AM

Coming up on the JURIST anchor desk later today, it's Tim Lyon from 9-11, Matt Jacobs from 1-3, and Jeannie Shawl from 3-5. How are JURIST's new student anchors doing? Let them know at JURIST@law.pitt.edu
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Tuesday legal press review
Maryam Shad at 6:36 AM

This is Maryam Shad reporting on stories running Tuesday in the US legal press. Today's Washington Legal Times examines new challenges facing White House counsel regarding executive privilege in the wake of the CIA leak investigation.... The New York Law Journal reports that attorneys for Martha Stewart have filed motions to dismiss her indictment for securities fraud.... In California, The Recorder highlights a Ninth Circuit Court of Appeals ruling that says a Washington state inmate may file a late appeal because his attorney sat on his file and missed a statute of limitations deadline.
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Law in Tuesday's foreign press
Zak Shusterman at 12:29 AM

This is Zak Shusterman reporting on legal stories running Tuesday in the foreign press. The London Times examines systematic bias in UK judicial appointments and government plans to reform the process.... Deutsche Welle reports that rival German political parties have united to support a Sunday trucking ban in the face of European Union attempts to lift the prohibition.... The BBC reports that former French Prime Minister Alain Juppe is due in court Tuesday to give evidence on illicit financing for French President Jacque Chirac’s former political party.... The Financial Times reports that a Hong Kong court has dismissed a challenge to the government’s right to develop Hong Kong’s harbor.
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This day at law - Nuclear test ban treaty signed
Prof. Bernard Hibbitts at 12:05 AM

On October 7, 1963, President John F. Kennedy signed the first nuclear test ban treaty between United States, Britain and the Soviet Union.
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Monday, October 6

Supreme Court certiorari denials
Prof. Bernard Hibbitts at 3:36 PM

The US Supreme Court brought a number of controversial cases to an end Monday by denying them certiorari on the first day of its new term. Among the cases refused were an appeal of a conviction arising out of the 1993 World Trade Center bombing, the appeal of a man who had been medicated for the purpose of making him sane enough to be executed, the appeal of a woman sentenced to 12 years in prison for murder after cocaine was found in the system of her stillborn daughter, and the appeal of former World War II POWs seeking to sue Japanese firms for using them as slave laborers. The full Order list is now available[PDF] from the Court.
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New prosecutor for Rwanda war crimes tribunal starts work
Jen Nolan at 1:53 PM

Hassan Bubacar Jallow began his first day of work today as the United Nations' new prosecutor for the International Crimninal Tribunal for Rwanda. Previously a single prosecutor, Carla del Ponte, had handled cases in the ICTR and the International Criminal Tribunal for the Former Yugoslavia, but prosecutorial responsibilities were split earlier this year in what UN officials called "the interests of efficiency and effectiveness."
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Minnesota Supreme Court to review M'Naughten Rule
Jen Nolan at 1:18 PM

Minnesota Public Radio reports a convicted killer is challenging Minnesota's mental illness standard claiming it is unconstitutionally vague. Defendant Roger Schleicher claims looking at whether someone knows right from wrong is not a sufficient basis for concluding whether someone is not guilty because of mental illness.
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Iraq Governing Council to meet on constitution
Prof. Bernard Hibbitts at 10:57 AM

Agence France-Presse reports that Iraq's Governing Council will meet Tuesday "to examine several recommendations for the country's new constitution, including one proposal for elections." Under regulations laid down by the Coalition Provisional Authority, the Council
shall consider appointing a Preparatory Constitutional Commission to recommend a process by which a new constitution for Iraq will be prepared and approved. The Commission would report to the council. The recommended procedure should lead to a new constitution based on the principles adopted at the Salahuddin and Nasariyah conferences. Once adopted, the constitution would pave the way for national elections leading to a new, fully sovereign Iraqi government which will immediately take over the powers and responsibilities of the coalition.
Learn more about the membership and powers of Iraq's Governing Council, courtesy al-bab.com.

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No justice for women in Afghanistan - Amnesty International report
Prof. Bernard Hibbitts at 10:47 AM

A new Amnesty International report released Monday says that despite the departure of the Taliban and many international promises, women in Afghanistan have no recourse to justice and face rampant discrimination and violence. AI says their report "outlines a number of immediate steps the Afghan government and international community should take to begin to deliver on its promise of ensuring justice for the women of Afghanistan. Foremost is the provision of security through an expansion of an international peace keeping force outside Kabul to create an environment in which the rule of law can be established." Read the full text of Afghanistan: No one listens to us and no one treats us a human beings. Justice denied to women.
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Australia celebrates High Court centenary
Prof. Bernard Hibbitts at 10:38 AM

Australia on Monday celebrated the centenary of the High Court of Australia, its supreme judicial tribunal. The Melbourne Age reports that the commemoration was somewhat marred by protests. The Australian Broadcasting Corporation offer this audio report. Learn more about the history of the High Court of Australia from its official website, and listen to a discussion of High Court history featuring two Australian law professors (also from ABC).
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Negotiating a constitution for Europe
Prof. Bernard Hibbitts at 10:17 AM

On Saturday, European leaders gathered in Rome to begin negotiations on a new constitution for the European Union. More from EUobserver.com. Watch recorded video of an address by Italian President Silvio Berlusconi of Italy, which currently holds the EU Presidency. The basis of negotiation is a draft[PDF] developed by a commission led by former French President Valery Giscard d'Estaing. Visit the official website of the Intergovernmental Conference on the Future of the Union.
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Oyez! Oyez! Oyez!
Prof. Bernard Hibbitts at 8:06 AM

The Supreme Court of the United States begins its 2003-04 Term today, the first Monday in October. Read perspectives on the upcoming term by Tony Mauro in the Legal Times and Linda Greenhouse in the New York Times. Review the Court's October docket, via FindLaw, or review the American Bar Associations' 2003 Supreme Court Preview. Listen to the Marshall call "Oyez!" and take a look around the Supreme Court Chamber, courtesy of Court TV.
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Schedule
Prof. Bernard Hibbitts at 8:05 AM

My thanks to Tim Lyon, Adam Henry and Ryan DeMotte for their work Thursday and Friday at the JURIST anchor desk. Jen Nolan returns this afternoon at 1 PM ET. Also, watch for new reports beginning this week from Maryam Shad, Zak Shusterman and (this time in a different capacity) Ryan DeMotte.
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This day at law - Declaration of the Rights of Man ratified
Prof. Bernard Hibbitts at 8:03 AM

On this day in 1789, French King Louis XVI ratified the Declaration of the Rights of Man and the Citizen.
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CHECK THE PAPER CHASE ARCHIVE

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.

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Reporters for JURIST's Paper Chase file regular reports on the latest legal developments in a specific subject-area.



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