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Friday, February 27 |

BREAKING NEWS - CA Supreme Court won't stop SF same-sex marriages
Brandon Smith at 2/27/2004 09:08:40 PM

AP is reporting that the California Supreme Court has declined to issue an order stopping same-sex marriages from being performed and to nullify those 3,400 ceremonies already conducted. California Attorney General Bill Lockyer had argued that the constitutionality of the marriages is for the courts to decide, and not San Francisco Mayor Gavin Newsom. The Court did not speak to whether or not it might later decide the issue should it make its way up through the lower courts, but gave the parties until March 5 to file new legal briefs. Read more on the issue on JURIST'S Paper Chase.


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Federal courts brief ~ Portland law banning "troublemakers" from parks unconstitutional
Matthew Shames at 2/27/2004 07:10:43 PM



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Law schools brief ~ Scalia hunted with law dean before his case
Adam Henry at 2/27/2004 06:12:55 PM

Leading Friday's law school news is an update in the trial of a former Appalachian School of Law student charged in a shooting rampage in January 2002. As anticipated, Peter Odighizuwa pleaded guilty today to avoid the death penalty for his actions; instead, he faces a sentence of six consecutive life terms plus 28 additional years. AP offers the full story here, and the Paper Chase's Winston Collier offers still more in his initial report on the matter. In other news of national interest, the Los Angeles Times reports on another possible conflict of interest involving Supreme Court Justice Antonin Scalia and a hunting partner. In November 2001 Scalia hunted pheasant with Dean Stephen McAllister of the University of Kansas School of Law, two weeks after McAllister defended a Kansas law before the high court, and two weeks before he argued another. Scalia sided with Kansas in both cases, but denied "that spending time at a law school in which the counsel in pending cases was the dean could reasonably cause [his] impartiality to be questioned." Elsewhere, the University of Washington School of Law played host last night to a mock trial between attorney Michael Newdow and two UW law students concerning the constitutionality of the Pledge of Allegiance's "under God" clause. Newdow, an atheist, attracted national attention last year when the Ninth Circuit Court of Appeals endorsed his Establishment Clause argument in Newdow v. US Congress [PDF]. The moot court's panel likewise held for Newdow, who was using the mock trial as a preparatory exercise before his oral arguments to the Supreme Court in March. UW's Daily has the full story here. In other law school news Friday, the Record reports on responses by both faculty and students to a recent study identifying various disparities among the genders at Harvard Law School. Most notably, the study indicates that women are less likely than men to volunteer in class discussion. Find more on the findings in the report, entitled "Study on Women's Experiences at Harvard Law School," in the Record's initial article here. Lastly, the Texas Lawyer, which reported earlier this week that more students in Texas law schools are choosing careers outside the law, now reports that at least one school in the Lone Star state is addressing their concerns. Dean William Powers of the University of Texas School of Law has helped implement an alumni association for nonpracticing UT graduates and is considering curricular changes that would better prepare students for alternative careers. The school's Nonpracticing Alumni Advisory Council may be the only organization of its kind among American law schools. Read the full story on the council here.


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DOJ brief ~ FBI director agrees to implement disciplinary recommendations
Justine Stefanelli at 2/27/2004 05:14:46 PM

Here's Friday's legal news from the US Department of Justice. FBI Director Robert Mueller said today that he would adopt most of the recommendations from the recent report on FBI disciplinary procedures and process conducted by former Attorney General Griffin Bell and Dr. Lee Colwell which had charged the Bureau's Office of Professional Responsibility (OPR) with being inefficient and very unfair, and had proposed several changes for the disciplinary scheme. Read Mueller's response in its entirety here. The FBI also provides the OPR Commission's full report [PDF] and a Commission letter [PDF] to Mueller.... Also today, the Justice Department announced that it has signed agreements with nine counties and municipalities in the United States to enhance civic access for people with disabilities. The agreements are part of the DOJ's Project Civil Access program which strives to ensure that US cities and counties comply with the Americans with Disabilities Act. Today's agreements increase the total number to 69 country-wide. The DOJ has issued a related press release here. click for previous Department of Justice news


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Appalachian Law School shooter gets six life terms plus 28 after guilty plea
Winston G. Collier at 2/27/2004 04:56:44 PM

Peter Odighizuwa, a former law student who gunned down three people in a shooting rampage in January 2002 at the Appalachian School of Law, today pled guilty to the killings, according to AP. Odighizuwa was sentenced to six life terms plus 28 years following the plea, which was made by arrangement with the Buchanan County prosecution, who otherwise would have sought the death penalty. Odighizua murdered Dean L. Anthony Sutin (the editor of JURIST's coverage of the 2000 Presidential election recount), Professor Thomas Blackwell, and student Angela Dales after failing out of the law school in Grundy, Virginia.


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International law brief ~ Annan pledges UN backing for African Union goals
Jeannie Shawl at 2/27/2004 04:39:32 PM



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House Speaker agrees to extend filing deadline for September 11 commission
Winston G. Collier at 2/27/2004 04:12:28 PM

AP reports that House Speaker Dennis Hastert today agreed to extend by two months the report deadline for the National Commission on Terrorist Attacks Upon the United States investigating the events of September 11. Earlier in the week a spokeman for the Speaker had indicated he would not support the extension. The apparent reversal of course came following pressure by Senators John McCain and Joseph Lieberman, who argued that the convention needed the extra time, a position also supported by the White House. UPDATE: Reuters reports that instead of meeting with the full 9/11 commission as members had hoped, President Bush announced today that he will only meet with the committee's chair and vice chair, and only for one hour.


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Cambodian court charges Jemaah Islamiah leader with terrorist plot
Winston G. Collier at 2/27/2004 04:02:19 PM

A Cambodian court today charged Riduan Isamuddin, more commonly known as Hambali, with planning terrorist attacks in that country, according to AP. The Indonesian leader of Jemaah Islamiah, a terror group based in Southeast Asia and closely affiliated with Al Qaeda, has been described as "Southeast Asia's Osama bin Laden." The attack for which Hambali was charged was not specified, but the terrorist leader has been linked to other significant attacks in the region, including the August Marriott hotel bombing in Jakarta. Jemaah Islamiah is also blamed for the 2002 nightclub bombing in Bali and could have connections with the September 11, 2001 attacks in the US. Hambali was captured in August of last year.


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NOW ONLINE - Martha Stewart ruling dismissing securities fraud charge
Bernard Hibbitts at 2/27/2004 02:15:08 PM

Judge Miriam Goldman Cedarbaum's ruling from this morning dismissing the securities fraud charge against Martha Stewart is now available [PDF].


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Corporate brief ~ Former NYSE chairman refuses to return $188 million compensation
Amit Patel at 2/27/2004 02:14:57 PM

In Friday's corporations and securities law news, Former NYSE chairman Richard Grasso's lawyer said his client will not return any part of the $139.5 million in pay he received last year and may go after an additional $50 million he believes he is owed. The SEC and New York Attorney General are investigating the compensation package given to Grasso. The Financial Times has more.... As previously reported on JURIST's Paper Chase, the federal judge in the Martha Stewart trial threw out the securities fraud charge against the celebrity homemaker. Read the indictment against Stewart here. AP has more.... North Carolina Treasurer Richard Moore has directed the state's fund managers to vote against Michael Eisner, joining Massachusetts, California, New York, Connecticut and New Jersey in withholding support from Walt Disney Co.'s chief executive for the past two decades. Reuters has more.... As previously reported on JURIST's Paper Chase, the US Justice Department has filed a lawsuit with seven states blocking Oracle's hostile $9.4 billion takeover of business software company Peoplesoft. The DOJ claims the merger would create a monopoly and stifle competition. Oracle plans to "vigorously challenge" the case. Read Oracle's statement concerning the lawsuit here. Read the DOJ statement here. Read New York Attorney General Eliot Spitzer's statemtent about joining the lawsuit here. BBC has more.... Former Wester Energy Inc. chief executive David Wittig, on trial for a loan conspiracy stemming from two transactions at a Topeka bank, was sentenced to more than four years in prison and fined $1 million. His co-defendant, former Topeka Capital City Bank president Clinton Odell Weidner II, was sentenced on Thursday to 6 1/2 years in prison for taking part in the same scheme. AP has more.... The federal judge in the Enron Nigerian barge deal has told the government and defendants to provide each other with documents and potential evidence by the April 1 deadline to ensure a June starting date for trial. As of now, the bulk of the documents are being held by the SEC. The Houston Chronicle has more.... Enron Corp. reached a settlement with debt holders of Osprey Trust, an affiliate of the bankrupt company, which allows Osprey investors to file a $3.6 billion claim against it in bankruptcy court. Read Enron's press release here. Reuters has more.... Pimco Advisors announced that it will probably face a civil and administrative action by the SEC for allowing a hedge fund to carry out a market-timing trading strategy in its products. The Street.com has more.... As previously reported on JURIST's Paper Chase, the judge in the battle over control of Hollinger International Inc. dealt newspaper tycoon Conrad Black a blow when he ruled in favor of the current board of directors. The ruling forces Black to abandon a deal which would have given control of the company to two British businessmen. Read the court ruling here[PDF]. AP has more.... In the expanding scandal surrounding food giant Parmalat, a former Bank of America Corp. executive told investigators in Italy he misappropriated $27 million in a kickback scheme involving the company. The San Francisco Business Journal has more.... Coca-Cola Co. announced it has received grand jury subpoenas as part of a 7 1/2-month criminal fraud investigation of the company. The investigation stems from accusations from a former employee who claims the company engaged in fraud and accounting irregularities. AP has more. click for previous corporations and securities law news


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BREAKING NEWS - Gay marriages performed in upstate New York
Timothy Lyon at 2/27/2004 12:58:56 PM

WNBC in New York is reporting that several gay couples exchanged wedding vows today in New Platz, located 75 miles north of New York City. Currently, the New York state legislature is considering a bill that would ban same-sex marriage. AP has more.


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Environmental brief ~ EPA releases new air regulations
Joseph Devine at 2/27/2004 12:16:49 PM

In environmental law news for Friday, the EPA has announced the release of four new rules requiring industries to upgrade facilities by installing Maximum Achievable Control Technologies (MACTs), which are mandated under the 1990 Clean Air Act. The standards are projected to protect against eye, lung, and skin irritation, liver and kidney damage, cancer, central nervous system dysfunction and other health problems by reducing national emissions of toxic air pollutants by some 88,000 tons per year within five years. US Newswire has more... In other news, AP reports that growing concerns over air quality at Colorado's Rocky Mountain National Park may prompt the EPA to include the park when it declares 11 counties along Colorado's Front Range in violation of the Clean Air Act. The park has suffered recently from high levels of ozone and smog that have blown in from the Denver metropolitan area. Although Denver was the first city in the nation to come into attainment with National Ambient Air Quality Standards, it has generated some of the highest ground-level ozone ever recorded... Finally, AP notes that a federal grand jury has issued subpoenas to Connecticut Department of Environmental Protection employees who are suspected of receiving gifts from state contractors. Ongoing investigations have focused on employees in the agency's oil and chemical spill cleanup unit. click for previous environmental law news


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BREAKING NEWS - Securities fraud charge against Martha Stewart dismissed
Bernard Hibbitts at 2/27/2004 12:05:03 PM



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NOW ONLINE - Clergy sex abuse national study
Bernard Hibbitts at 2/27/2004 10:47:43 AM



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Gay marriage goes to California Supreme Court
Bernard Hibbitts at 2/27/2004 09:56:57 AM

California Attorney General Bill Lockyer takes the issue of gay marriage before the California Supreme Court Friday as he asks that court to rule on whether the city of San Francisco is violating the state constitution in issuing same-sex marriage licenses. California law defines marriage as a union between a man and a woman, but San Francisco Mayor Gavin Newsom and others have argued that the California constitution also provides for equal protection, rendering any ban on gay marriage unconstitutional. The California Superior Court is already seized of the gay marriage question, so it is not guaranteed that the Supreme Court will act. Lockyer appears to be taking the case to court with some reluctance, and recently balked at a "directive" to do so from California Governor Arnold Schwarzenegger which he said was beyond the Governor's power. His official website has adopted a very low profile on the issue, providing but a single press release on gay marriage since San Francisco began isssuing licenses. Indeed, the California conservative Pro-Family Law Center filed suit yesterday to have Lockyer and Newson removed for breaching their oaths of office by supporting or being complicit with same-sex marriage (read their press release). AP has more.


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Delaware judge blocks media mogul's newspapers sale
Bernard Hibbitts at 2/27/2004 09:33:10 AM

Vice Chancellor Leo Strine of the Delaware Chancery Court Thursday blocked newspaper mogul Conrad Black's controversial sale of his majority share of the Hollinger International newspaper company (which controls London's Telegraph newspaper, the Chicago Sun-Times, and the Jersualem Post) to the British Barclays concern (which controls the Edinburgh Evening Standard and The Scotsman, saying that Black "breached his fiduciary and contractual duties" to the company, which fired him as chief executive last year because of alleged irregularities in payments and compensation received. The BBC has posted the opinion here [PDF]. Hollinger Inc., Black's own holding company, offered this press release after the ruling. The Evening Standard has more.


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Ninth Circuit won't reconsider medical marijuana ruling
Bernard Hibbitts at 2/27/2004 09:04:28 AM

In a ruling made public Thursday, a panel of the US Ninth Circuit Court of Appeals said it would not reconsider its December ruling in Raich v. Ashcroft [PDF] which had allowed Californians to grow and use medical marijuana to treat their medical illnesses. The Ninth Circuit order is here [PDF]. The plaintiffs in Raich provide a website with background and documentation. The New York Times has more. Writing in the wake of the December ruling, Boston University Randy Barnett (who argued Raich as an attorney for the plaintiffs), offered this analysis of the constitutional issues involved.


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Tentative contract agreement may end longest supermarket strike in US history
Bernard Hibbitts at 2/27/2004 08:47:38 AM

A tentative contract agreement reached late Thursday between three supermarket chains and 70,000 grocery clerks in Southern California who are members of the United Food and Commercial Workers union may soon end a bitter 4 1/2 month strike over the allocation of health-care costs. Precise terms of the agreement have not been released. AP has more.


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Four percent of US Catholic clergy accused of abuse since 1950, says study
Bernard Hibbitts at 2/27/2004 08:33:18 AM

Following the release of historical statistics on local sex abuse complaints against Roman Catholic clergy in Boston, Pittsburgh and elsewhere (previously reported in JURIST's Paper Chase), more figures released late Thursday by Catholic church officials showed that 4,392 of the 109,694 clergy members serving nationwide in the US since 1950 - i.e. about 4% of the total - had been accused of abuse. The figures were compiled by the John Jay College of Criminal Justice in a national study due to be released later today. AP has more.


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Japanese court condemns sarin subway attacker to death
Bernard Hibbitts at 2/27/2004 08:21:30 AM

A Tokyo court sentenced the former leader of a Japanese cult to death Friday for masterminding sarin nerve gas attacks on Tokyo subway trains that killed 27 people in 1995. Shoko Asahara was convicted on 13 charges and now faces hanging. Asahara's trial, which had gone on for eight years, became a focus of intense interest in Japan, with thousands of people lining up for a few seats in the courtroom on the day of the verdict. BBC News has more. NHK Japan offers this video report.


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US law and business press review ~ Friday, February 27
Maryam Shad at 2/27/2004 06:46:44 AM



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Law in the foreign press ~ Friday, February 27
Zak Shusterman at 2/27/2004 06:31:57 AM

Here are some of the legal stories running in Friday's foreign press... New Zealand's Scoop covers industry response to the Employment Law Reform Bill. While the Council of Trade Unions has filed a 77 page report, the Employers and Manufacturers Association has requested additional time to complete its submission... AllAfrica.com reports the Zimbabwe High Court will hear the bail application of a man accused of externalizing foreign currency. The Justice who referred the case has indicated that the matter may need to be further referred to the Supreme Court to determine the constitutionality of recent regulations that prevent judges from entertaining bail requests under defined circumstances.... In Australia, the Melbourne Agefeatures a Family Court experiment that will allow judges to directly interrogate separating couples and allow children a voice in determining their futures. Judges will also be granted significant control over selection of evidence to be heard in custody cases. click for the previous foreign press review


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This day at law ~ Constitutional amendment on Presidential term limits ratified
Bernard Hibbitts at 2/27/2004 12:01:44 AM

On February 27, 1951, the 22nd Amendment to the United States Constitution was ratified, prohibiting a President from being elected to more than two terms in office. Watch Term Limits and American Government, a CATO Institute Policy Forum recorded on the 50th anniversary of the 22nd Amendment in 2001.


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