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 Legal news from Friday, January 16, 2004 |
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Friday, January 16, 2004 |
U. Chicago law clinic settles suit with city in housing authority case
Jen Nolan at 8:08 PM ET
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Bush installs Pickering with recess appointment
Matthew at 7:40 PM ET
In Friday's federal courts roundup, as reported earlier in a Breaking News bulletin on JURIST's Paper Chase, President Bush today bypassed Senate approval by making a recess appointment of US District Judge Charles Pickering to the US Fifth Circuit Court of Appeals. As reported by AP, Pickering will serve until the next Congress is seated, in January 2005. He will need to be confirmed by the Senate to continue beyond that point. Senate Democrats had blocked Pickering's nomination for nearly two years, accusing him of supporting segregation as a young man, and promoting anti-abortion and anti-voting measures. Additionally, AP reports that Senate Democrats have questioned whether Pickering would be able to separate his conservative political views from his role as a judge. The website of the US Department of Justice Office of Legislative Policy offers further information on Judge Pickering, including statements and letters supporting his nomination to the Fifth Circuit.
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Ashcroft announces guilty plea in Virginia jihad case
Justine at 6:51 PM ET
Here's Friday's legal news from the US Department of Justice. Attorney General John Ashcroft announced today that two members of an Islamic terror network have pleaded guilty at a Virginia federal court to weapons and explosives charges. The two have agreed to cooperate with the government in prosecuting other people associated with the Virginia jihad network. Read the DOJ press release here.... Reuters covers Solicitor General Theodore Olson's comments on the US Supreme Court's upcoming case regarding the legality of indefinitely detaining immigrants stopped at the nation's borders. The Supreme Court must decide whether or not to extend a 2001 ruling that said detention was legal for a "reasonable period", usually six months. Olson said that since the 2001 decision, federal courts have ruled inconsistently on the matter and that some of the rulings have threatened national security by allowing the release of dangerous aliens. The Supreme Court case concerns whether the six month limit will apply to immigrants arrested at the border while trying to enter illegally and whose removal is then ordered. click for previous Department of Justice news
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IRS says trusts benefiting Harvard Endowment can profit tax-exempt
Thomas at 5:04 PM ET
In Friday's tax law news, the New York Times reports today that Harvard University's private endowment fund received an IRS private letter ruling, published in December of 2003, allowing charitable remainder trusts benefiting the fund to invest in the same stock and bond indexes as the fund (note that when the IRS publicly publishes rulings it replaces the petitioner's name with a letter, in this case "M"). The ruling holds that the trusts may generate unrelated business taxable income - essentially, profits from the Endowment - without losing tax-exempt status. According to the Times, the ruling will enable Harvard's endowment fund to increase its already profitable revenue stream by providing a proven high rate of return with tax-exempt status. Because IRS letter rulings are not legal precedent, Harvard has a unique advantage until other endowment funds obtain similar rulings. The Times has more here.... In state tax law news, Arizona Court of Appeals Judge Lawrence Winthrop has ruled that a former executive for Dell Computer, Joel Kocher, is liable to the state of Arizona for taxes he failed to pay when he exercised Dell stock options worth $5.6 million in 1995. Winthop said that Kocher exercised the options after evidencing his intent to reside in Arizona by obtaining an Arizona drivers license, registering his cars in Arizona, buying a home in Tucson and enrolling his wife's children in Arizona public schools. Such an intent to reside is all Arizona state tax law requires in order to tax a person's income from wherever derived. Read the opinion here. The Daily Star has more here.
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Microsoft agrees to software changes in response to continuing antitrust issues
Winston G. at 5:01 PM ET
From the anchor desk... Massachusetts Attorney General Thomas F. Reilly has accused Microsoft Corp. of taking steps to interfere with competitors' software, raising the prospect of continuing antitrust issues with the company. The state, which continues to seek sanctions against the software giant, has also alleged that a key licensing provision of the company's settlement agreement may not be achieving the desired results. The Washington Post has more. Meanwhile, the company has agreed to a Department of Justice demand that the functionality of hyperlinks selected in Windows XP be altered to open the browser selected by the user, instead of overriding the user's general preferences in favor of Microsoft's Internet Explorer browser.
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US Supreme Court refuses to intervene in upcoming Texas elections
Winston G. at 4:32 PM ET
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Canada opposes EPA's decision to punish company
Joseph at 4:29 PM ET
In environmental law news for Friday, AP reports that Canadian officials have declared that the US Environmental Protection Agency is overstepping its bounds by demanding that owners of Teck Cominco Metals, Ltd., a British Columbia based company, pay to study the pollution it discharged into the Columbia River. The dispute focuses on whether the EPA is permitted to invoke measures against the company under the US law relating to hazardous materials known commonly as Superfund. Canada believes that the EPA should rescind its order against the company due to a lack of jurisdiction, while the agency contends Superfund should apply because the pollution ended up in the United States. The company has reportedly dumped about 10 to 20 million tons of waste containing heavy metals into the river, which in turn have deposited in nearby Lake Roosevelt located in Washington state... AP reports that a study released by a panel of scientists appointed by the National Research Council has asserted that the Department of Energy (DOE) has not performed the necessary testing for the easement of regulations regarding disposals of nuclear waste shipped to the Waste Isolation Pilot Plant near Carlsbad, New Mexico. Rather than physically testing the radioactive materials as they are shipped into the plant, the new rules require only that barrels of waste be recorded in order to determine the eligibility for burial at the site. The DOE contends that safety checks would cost over $3 billion and create delays.click for previous environmental law news
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US to consider changes to Iraq transition plan
Winston G. at 3:59 PM ET
From the anchor desk... Responding to objections raised by leading Iraqi Shi'ite cleric, Ayatollah Ali al-Sistani, the US may consider changes to its plans to conduct regional caucuses as a means of transferring control of Iraq to a transitional Iraqi government. The influential cleric has argued for immediate direct elections in Iraq, which presumably would prove advantageous to the country's Shi'ite majority. The Bush administration, which plans to transfer governing control to the transitional government on July 1, has insisted that direct elections prior to 2005 would be untenable. On Friday, US Iraq administrator Paul Bremer will travel with members of Iraq's governing council to meet with UN Secretary-General Kofi Annan, seeking UN support for the US position. ABC News has more.
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PM legal news brief - US Supreme Court takes immigrant detention case
Timothy at 3:48 PM ET
Leading this afternoon's legal news, AP reports: "The Supreme Court said Friday it will decide whether authorities can imprison indefinitely hundreds of Cuban immigrant criminals and other illegal foreigners with no country to accept them." AP has more. The Court's grant of certiorari is online here.
In other legal news this afternoon...- Michael Jackson pleads not guilty
AP reports: "With a sea of cameras and fans outside the courthouse, Michael Jackson pleaded innocent Friday to child-molestation charges that could send him to prison — and was scolded by the judge for being 21 minutes late for his first court appearance."
- Lawmakers say Halliburton probe deepens
Reuters reports: "U.S. lawmakers said on Friday the Pentagon's inspector general had told them it was investigating possible criminal violations in connection with oil service company Halliburton's fuel imports to Iraq."
- President Bush installs Pickering on appeals court
AP reports: "President Bush installed Charles Pickering on a federal appeals court Friday, bypassing Democrats who had stalled his nomination for more than two years, sources said."
- US investigating reports of Iraq detainee abuse
Reuters reports: "The U.S. military said Friday it was investigating reports of detainees being abused at one of its detention centers in Iraq, but gave no details of the allegations."
- Nebraska court rules for Guatemalan mother
AP reports: "The Nebraska Supreme Court on Friday ordered a new custody hearing for a Mayan Indian woman from Guatemala who lost her two young children after her deportation on immigration charges."
- Media groups oppose order closing Martha Stewart jury selection
AP reports: "Lawyers for media organizations covering the Martha Stewart trial urged a federal judge on Friday to reverse her order barring the media from watching jury selection."
- Pennsylvania frees death-row inmate exonerated by DNA
AP reports: "An inmate who spent two decades on death row before DNA evidence exonerated him walked out of prison a free man Friday, saying he just wanted to get home and be with his family."
- American soldiers seek congressional probe of discharge
Reuters reports: "Three U.S. soldiers who were discharged this month for punching and kicking Iraqi prisoners of war said on Friday they would appeal the decision and want Congress to investigate the incident."
- Michigan State Police find no evidence of wrongdoing by Detroit mayor
AP reports: "State police on Friday said they found no evidence to support a widely discredited accusation that the city's mayor covered up an alleged assault during a wild party at his official residence."
In international legal news this afternoon...- Taiwan's leader waters down referendum
AP reports: "Pressured by the United States, Taiwan's leader on Friday significantly watered down the language of a March 20 referendum on how the island should deal with the threat of hundreds of Chinese missiles."
- US may agree to some changes in Iraq plan
Reuters reports: "The United States, facing objections from Iraq's most powerful Muslim cleric, said on Friday it may agree to some changes to its plans for handing over power to Iraqis by July 1 without holding elections first."
- France seeks UN forces in Ivory Coast
AP reports: "France introduced a resolution calling for a 6,240-strong U.N. peacekeeping force in war-divided Ivory Coast, but the United States on Friday expressed reservations about the size and said it wants to examine the justification for the deployment."
That's all for new. Check back this weekend for the next legal news brief on JURIST's Paper Chase.
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BREAKING NEWS - Bush installs Pickering on US Fifth Circuit Court of Appeals
Matthew at 3:40 PM ET
AP reports that President Bush has bypassed Congressional approval and installed Charles Pickering on a federal appeals court. Pickering's nomination had been stalled in the Senate for almost two years. By utilizing a "recess appointment", Pickering is not subject to Senate approval, and may serve until the next Congress takes office in January 2005.
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EU seeks trade sanctions against US
Jeannie Shawl at 3:12 PM ET
In international law news Friday, the EU and other trade powers have asked the World Trade Organization for authorization to impose punitive import duties on US exports, in reaction to US anti-dumping legislation that gives US companies a portion of fines levied against companies that sell products at artificially low prices. The Continued Dumping and Subsidy Offset Act [PDF] was ruled illegal by the WTO because the law gives an undue incentive to US companies to initiate anti-dumping cases, but the US has failed to comply with the WTO decision. The Financial Times has more. The US Trade Representative will seek arbitration because the law does not hurt European exporters. BBC News has more.... France has issued an international arrest warrant for Pierre Falcone, the Angolan envoy to the United Nations Educational, Scientific and Cultural Organization. Falcone is suspected of having illegally sold weapons to Angola during the country's civil war, in breach of international sanctions. The French magistrate issuing the warrant said that Falcone only has limited diplomatic immunity through his appointment to UNESCO. AFP has the full story.... The Organization of Casualties of Terror Acts in Israel plans to ask the International Court of Justice to be added as a party when the Court considers the legality of Israel's security fence. The request comes a day after the ICJ decided to allow the Arab League be added as a party to the hearing. Haaertz has the full story. For more on yesterday's ICJ decision, see the previous international law report on JURIST's Paper Chase. click for previous international law news
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Florida Supreme Court upholds death sentence
Timothy at 2:13 PM ET
In Friday's criminal law and punishment news, the Supreme Court of Florida has upheld the death sentence of James Hitchcock, according to TheLedger.com. The Court denied Hitchcock's request for DNA testing, stating that the tests' results would not affect his sentence. Read the opinion here [PDF].... AP reports that a judge from the US District Court for the Middle District of Pennsylvania has held that a PA man can be executed. Judge Muir determined that David Hammer was legally competent and could thus end the appeals aimed at saving his life. AP has more.... The Los Angeles Times reports that a new report on California's penal system concludes that the state's Department of Corrections is plagued by corruption. According to the report, a code of silence protects rogue guards who attack inmates and engage in other forms of misconduct.... Lastly, the International Court of Justice has ordered a halt to three American executions, according to the New York Times. The Court acted to spare the lives of several Mexican nationals who have been sentenced to death in the US without due diplomatic process. Read an ICJ press release issued after oral arguments in the case had ended, here.click for previous criminal law and punishment news
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Adecco accounting scandals leads to ouster of executives
Amit Patel at 2:04 PM ET
In Friday's corporations and securities law news, Adecco, the world's largest employment agency, announced today that its chief financial officer and the head of its North American operations are leaving the company amid fears of serious accounting issues in its US office. AP has more.... Sources have indicated that accountant Richard Causey could be the next former Enron executive to face criminal charges. AP has more.... In related Enron news, the attorney for former Enron chairman Ken Lay has accused Andrew Fastow of being the mastermind behind the collapse of the energy giant. The accusations come in the wake of Fastow's agreement to cooperate with prosecutors on the downfall of Enron. Reuters has more. The NASD (National
Association of Securities Dealers) has fined former Credit Suisse First Boston banker Frank Quattrone $30,000 and suspended him from working on Wall Street for one year for failing to cooperate with securities regulators. The Street.com has more.click for previous corporations and securities law news
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AM legal news brief - Jackson to appear in court amid media frenzy
Bernard Hibbitts at 10:03 AM ET
Leading this morning's legal news, Reuters reports: "Michael Jackson will plead not guilty to child molestation charges on Friday, his lead attorney said, amid a growing frenzy over the pop star's first court appearance in a case that could leave his remarkable career in ruins and send him to prison for years." Reuters has more. Santa Barbara Superior Court Judge Rodney S. Melville has issued an order on appropriate courtroom decorum [PDF]. Cameras have been barred for the proceeding, except for a camera providing closed-circuit feed to an overflow observation room.
In other legal news this morning...- Report: Illegal music downloading began climbing in October
AP reports: "The number of people downloading music illegally surged a month after recording companies began suing music fans, a marketing research firm said Thursday."
- Jewish group OK's same-sex marriage
The Boston Globe reports: "The Jewish Community Relations Council, the major public policy voice of the Jewish community in Greater Boston, has voted overwhelmingly to endorse same-sex marriage. The endorsement, by an umbrella organization representing 42 Jewish groups, is part of a growing effort by liberal religious voices to counter the strong opposition to same-sex marriage voiced by the state's Catholic bishops. The bishops of the state's four Catholic dioceses today plan to announce a major campaign to defeat same-sex marriage."
- Judicial Nominating Questions out of Line?
The Miami Business Review reports: "A Florida Bar panel will consider this morning whether members of a judicial nominating commission appointed by Gov. Jeb Bush asked judicial candidates in Broward County questions that were sexually discriminatory or were political or religious litmus tests."
- Church Trial Ordered for Lesbian Pastor
AP reports: "A United Methodist minister who told her bishop she is a lesbian will face a church trial that could lead to her removal from the pulpit."
In international legal news this morning...- NATO chief urges Bosnian Serbs to arrest war crimes fugitives
AFP reports: "New NATO chief Jaap de Hoop Scheffer, on his first official visit to Bosnia, urged Bosnian Serbs to arrest war crimes fugitives, days after another failed bid by NATO-led troops to capture wartime Serb leader Radovan Karadzic."
- Mexico Awaits Hague Ruling on Citizens on U.S. Death Row
The New York Times reports: "[Osbaldo Torres] is one of 52 Mexican citizens in eight states whose convictions and death sentences are being challenged by Mexico in the International Court of Justice in The Hague."
- Chinese court upholds death sentence
The Australian Broadcasting Corporation reports: "A Chinese court has upheld a death sentence given to a former high level Communist official convicted of corruption and receiving bribes."
- Women in Iraq Decry Decision To Curb Rights
The Washington Post reports: "For the past four decades, Iraqi women have enjoyed some of the most modern legal protections in the Muslim world, under a civil code that prohibits marriage below the age of 18, arbitrary divorce and male favoritism in child custody and property inheritance disputes."
That's all for now. Check back after 4 PM this afternoon for the PM legal news brief on JURIST's Paper Chase.
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Media order in Martha Stewart case
Chris Buell at 8:42 AM ET
In Friday's media and information law news, and as previously reported on JURIST's Paper Chase by anchor Justine Stefanelli, members of the media will be barred from the jury selection process in the Martha Stewart insider trading trial. US District Judge Miriam Cedarbaum ruled Thursday that media presence might prevent some potential jurors from giving full answers to questions. Judge Cedarbau's order is now online here [PDF].... The Cincinnati City Council has subpoenaed a journalist to answer questions about a story she wrote on police corruption, according to The Reporters Committee for Freedom of the Press. City Beat reporter Leslie Blade wrote the story, which detailed police violations of overtime regulations, in December. While the council has the power to issue subpoenas, a councilman said it was the first time it had done so. RCFP has more.... The UK Press Complaint Commission next month will conduct a complete review of its editor's code of conduct, the first since the death of Princess Diana in 1997, The Guardian reports. The last revisions extended the privacy provisions in the code.
click for previous media and information law news
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Friday US law and business press review
Maryam at 6:34 AM ET
In Friday's US law and business press, the Legal Times examines the career of Deputy Solicitor General Paul Clement, who is taking the lead in defending the Bush Administration's tactics in the war on terror.... According to the Fulton County Daily Report, next week the GA Supreme Court will hear a case to resolve a novel legal question over teenage sex and mandatory minimum sentencing.... The ABA Journal reports on a St. Louis attorney's system of "favor cards," Post-It notes which inform employees that they have earned a financial bonus for doing something to benefit the firm.... The Wichita Business Journal reports that the Society of Professional Engineering Employees in Aerospace will temporarily suspend its unfair labor practices charge against Boeing. For background on this story, click here.... FindLaw's Writ features former White House counsel John W. Dean's column on how President Bush is testing the limits of presidential power, as well as attorney Mark S. Zaid's book review of And The Dead Shall Rise: The Murder of Mary Phagan and the Lynching of Leo Frank.click for the previous US law and business press review
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Law in Friday's foreign press
Zak at 2:56 AM ET
Some of the legal stories featured in the foreign press on Friday... The United Arab Emirates' Gulf News reports the approval of Federal National Council's approval of draft rules to regulate the implementation of nationwide financial free zones. Only properly developed and licensed financial services companies are permitted in the designated areas. Foreign companies are prohibited from the zones.... The Moscow Times examines the civil rights implications of instituting a universal identification number scheme for all Russians. Though proposed to replace a system that currently assigns multiple numbers to citizens for passports, registration and taxation, argue the change is a violation of civil rights because it facilitates government investigation and abuse. The government has not yet determined whether an existing ministry will act as custodian for the numbers. click for the previous foreign press review
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This day at law - Eighteenth Amendment came into effect
Bernard Hibbitts at 12:01 AM ET
On January 16, 1920, the Eighteenth Amendment to the US Constitution came into effect as scheduled one year after ratification, marking the beginning of Prohibition. Learn more about Temperance and Prohibition from Professor K. Austin Kerr of the Ohio State University Department of History.
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Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.
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