In Friday's federal courts roundup, Judge Paul L. Friedman of the US District Court for the District of Columbia ruled late yesterday that the Bush administration must release documents related to a task force that met in private to formulate a national energy policy. The ruling was based on the Freedom of Information Act, as opposed to a similar case currently before the Supreme Court involving the Advisory Committee Act. The New York Times has the full story.

In Friday's Congressional news, AP reports that the House today passed HR 3550, the surface transportation reauthorization, by a 357-65 vote. The $275 billion package approved by the House is far less than the $318 in the Senate's companion bill, but still exceeds White House spending targets and thus faces a potential veto. The New York Times has more.... As expected, the House today passed compromise legislation on HR 3108, the pension reform legislation negotiated yesterday with the Senate. Senate disposition of the legislation is uncertain, as Democrats from that chamber continue to push for more relief for multiple-employer plans used by many trade unions.

click for previous Congressional news

In international law news Friday, the Canadian Council for Refugees (CCR) has filed a petition with the Inter-American Commission on Human Rights asking for an investigation into whether Canada is violating international law by turning back refugee claimants when border posts are busy. Toronto's Globe and Mail has the full story. CCR has this press release.... The UN Security Council's April agenda will include a discussion on a draft resolution on the spread of weapons of mass destruction to non-State actors. The UN News Service has more. Watch recorded video of the Security Council President's briefing on the Council's April agenda.... Proceedings at the International Criminal Tribunal for Rwanda were suspended today after a small fire damaged office documents and equipment. The UN News Service has more.

click for previous international law news

NATO officially welcomed its newest member states today, as Slovakia, Slovenia, Romania, Bulgaria, Estonia, Latvia, and Lithuania joined the alliance. According to UPI, NATO's expansion to Russia's border was not welcomed publicly by Russian President Vladimir Putin. Privately, however, Russian officials were unconcerned, as the alliance can act militarily only with unanimous agreement among member nations. Presumably, such unanimity would be increasingly difficult to achieve as the organization continues to grow. To assuage any concerns, however, NATO pledged today to avoid stationing additional troops or weapons in the newly admitted nations, according to the New York Times. The expansion could yield short-term rewards for the Bush administration, as the newly admitted countries are generally supportive of US military efforts in Afghanistan and Iraq. Read NATO's press release here. NATO also provided video clips of the inductions and the first meeting of its NATO-Russia Council.

South Korea's Constitutional Court today began public hearings on President Roh Moo-hyun's impeachment, according to AP. The hearings, which began without President Rho's attendance, will consider whether or not to unseat the leader after his March impeachment by South Korea's National Assembly. Rho's presidential powers were suspended following the Assembly's vote. He is accused of election law violations and incompetence but argues that the Assembly's action was procedurally invalid. The Constitutional Court has 180 days to make a final determination of the president's status.

The US Department of Defense today announced the release of fifteen prisoners from the terrorist detention camp at Guantanamo Bay, Cuba. The fifteen were from Afghanistan, Turkey, Tajikistan, Sudan, Iraq, Jordan and Yemen. The DOD press release is here. AP has more.

Massachusetts Suffolk Superior Court Judge Bonnie MacLeod today lifted an injunction that would prevent the state from posting informaiton about sex offenders on the internet, a practice used currently by 42 states. According to AP, the affected individuals are classified by the state as "Level 3," which means they are the most dangerous offenders and those most likely to again commit criminal sexual activity. The decision clears the way for the offenders' names and photos to be released online. After lifting the injunction, Judge MacLeod temporarily stayed her order to provide public defenders with opportunity to appeal. The Massachusetts Sex Offender Registry is here.

In environmental law news for Friday, UPI reports that EPA administrator Mike Leavitt is standing by the Bush administration's efforts to limit mercury emissions from power plants. In response to allegations that the agency is seeking to roll back control regulations, Leavitt told a Senate Environment and Public Works subcommittee that such accusations are "unfair" as there has never been a standard aimed at decreasing mercury emissions... AP notes that the mercury proposals have generated heated controversy as nearly half of the Senate urged the EPA to propose stronger requirements on Thursday. In addition to opposition in the Senate, attorneys general from 10 states have alleged that the current plans to combat mercury emissions do not meet the minimum requirements set forth in the federally mandated Clean Air Act. The major concerns focused on the time given to utilities to reduce emissions as well as a market based "cap and trade" system which would allow utilities to buy and sell rights to emit mercury... In other news, the EPA has adopted the final phase of the Nitrogen Oxides State Implementation Plan Call [PDF] which will reduce smog-forming nitrogen oxide emissions, helping eastern states achieve air quality standards for ground-level ozone. Wastenews.com has more... In a letter issued to the general manager of the DC Water and Sewer Authority (WASA), the EPA has accused WASA of violating federal law by failing to adequately notify the public of lead contamination in Washington DC's water supply. AP has more.

click for previous environmental law news

The US State Department today announced that the US has imposed sanctions on thirteen foreign corporations accused of providing Iran with equipment or technology that could be used in the production of unconventional weapons, according to AP. The State Department says such sales violate the Iran Nonproliferation Act of 2000. The sanctions, which are directed specifically at the offending corporations, prevent the US government from dealing with or assisting the corporations in any way. Five of the companies are Chinese. Other affected companies are from Macedonia, Russia, Belarus, North Korea, Taiwan, and the United Arab Emirates.

The White House today declassified portions of a presidential directive issued one week before the September 11 terrorist attacks, authorizing the use of military force against al Qaeda in Afghanistan. The move is intended to counter lingering questions about the administration's attention to terrorism prior to the 2001 attacks. National Security Adviser Condoleezza Rice plans to testify publicly next Thursday before the National Commission on Terrorist Attacks Upon the United States. Reuters has more. In a related development, an ex-FBI translator with high security clearance who had testified before the 9/11 commission in a special closed-door session claimed in an interview Friday with the UK Independent newspaper that prior to 9/11 she saw papers showing the US knew that al Qaeda would attack cities with airplanes, and that Rice's claim that the US had no such information was an "outrageous lie." Read the Independent story here.

Following a Wednesday International Court of Justice ruling that the United States was in violation of the 1963 Vienna Convention for failing to allow 51 Mexican death row inmates in the US to receive legal assistance from their government, Mexican President Vicente Fox indicated today that he might ask that Court and the United Nations to take action against the US. Fox, a death penalty opponent, declined to indicate precisely what might be done if the US fails to comply voluntarily with the court's ruling, but a UN resolution addressing the issue is possible. AP has more.

In Friday's corporations and securities law news, William Galvin, Massachusetts' top securities regulator, is investigating Putnam Investments for possible improper rebates given to favored clients by using fees collected from other investors. Reuters has more.... As previously reported on JURIST's Paper Chase, Sun Microsystems and Microsoft have settled their long legal battle over patents and unfair competition by agreeing to make their competing technologies work together "in the interests of customers." Microsoft also will pay Sun $2 billion to resolve pending antitrust issues, resolve patent issues, and license Sun technology. Join the Sun webcast regarding the deal here. Read the Sun press release here. Read the Microsoft press release here. The Financial Times has more.... As previously reported on JURIST's Paper Chase, the judge in the Tyco fraud trial has declared a mistrial due to "efforts to pressure the jurors" from intense media scrutiny. The judge will meet with lawyers from both sides on May 7th to determine a new trial date. Read the indictment against the Tyco executives here[PDF]. The Financial Times has more.... MCI will pay a fine of $27 million to the Justice Department to settle claims stemming from overbilling government customers under the FTS 2001 contract. FCW.com has more.... In the wake of Royal Dutch/Shell slashing its oil reserve estimates, the SEC is closely scrutinizing the three biggest US oil companies, Exxon Mobil Corp., ChevronTexaco, and ConocoPhillips, by asking questions about their reserves. Reuters has more.... New York Stock Exchange interim Chairman John Reed, who took the post last September after the ouster of Richard Grasso announced he would remain for another year. Read the NYSE press release here. Bloomberg.com has more.... IBM will acquire Candle Corp. in a move to bolster its software line for corporate computers. The deal is estimated to be in the $350 - $600 million range. Read the IBM press release regarding the deal here. UPI has more.

click for previous corporations and securities law news

Visitors to the US from 27 countries, including such close allies of the US as Britain, Japan and Australia, will be required to be fingerprinted and photographed in accordance with changes made to the US-VISIT program. The decision to make the change follows a determination that "visa-waiver countries" will not meet an October deadline to have passports that include fingerprint and iris identification features. The only other countries still exempt from the entry requirements are Canada and Mexico. BBC News has more. The Department of Homeland Security has this press release.

The International Criminal Tribunal for the Former Yugoslavia has issued indictments against four former Bosnian Croat officials, including the former prime minister of the Croat region of Herceg-Bosna. Between them, the four men face 26 charges of war crimes and crimes against humanity. BBC News has more. The ICTY has made the indictments for the four men available here: former prime minister Jadranko Prlic [PDF], Prlic's defense minister Bruno Stojic [PDF], and two commanders of Bosnian Croat forces Slobodan Praljak [PDF] and Milivoj Petkovic [PDF].

AP is reporting that a New York judge has declared a mistrial in the case against two former Tyco executives accused of looting the company of $600 million. The judge cited intense outside pressure placed on one of the jurors as the reason.

In an interview published Friday in Israel's Haaretz newspaper a week after Israel conducted a targeted killing of Hamas leader Sheikh Ahmed Yassin, Israeli Prime Minister Ariel Sharon said neither Palestinian leader Yassir Arafat nor Hezbollah leader Sheikh Hassan Nasrallah were immune from assassination themselves. "I wouldn't suggest either one of them should feel secure. I wouldn't propose that any insurance company give them coverage.... Anyone who kills a Jew or harms an Israeli citizen, or sends people to kill Jews, is a marked man. Period." The comments were Sharon's most explicit threat yet against Arafat; American and other Western leaders have in the past repeatedly called upon Sharon to respect Arafat's "bodily integrity", given his ongoing role in the peace process. Israel's killing of Yassin was condemned by the UN Human Rights Commission and many national governments as contrary to international law. Haaretz has more.

The FBI has issued a warning to state and local law enforcement authorities that terror groups may try to infiltrate the United States using so-called P visas, granted by the State Department to persons visiting the US for artistic, cultural or athletic purposes. The warning, based on unspecified intelligence information, was issued Wednesday but only disclosed yesterday. AP has more.

Faced with a lawsuit by the opposition Pan-Blue alliance over last month's national election which saw Taiwanese President Chen Shiu-bian defeat opponent Lien Chan by a margin of a mere 30,000 votes, Taiwan's High Court ruled Friday that the candidates must agree on rules for recount within 5 days. Reuters has more.

CNN is reporting that Microsoft and Sun have announced a settlement of their long-running legal dispute over antitrust and patent issues. Under the terms of their agreement, Microsoft will pass Sun a total of $1.6 billion, $700 million in resolution of the antitrust dispute and $900 million to end the patent litigation. The two companies will pay royalties to each other for use of technology.

UPDATE: Microsoft has now posted a press release here.

AP is reporting that the Spain's Interior Minister has announced that police have found an unexploded bomb on the high-speed rail line between Madrid and Seville. Madrid's El Mundo newspaper has local coverage in Spanish; check for updates.

In Friday's US law and business press, the ABA Journal reports that two MI residents are suing three Detroit casinos for failing to prevent their entry onto its premises after they signed up for a voluntary compulsive gamblers' program which would ban them from the casinos.... The Phoenix Business Journal reports that the EEOC has filed an employment discrimination suit against Cigna Health Care Arizona Inc., alleging prejudice against a pregnant job applicant.... The Legal Times reports that the new head of the US Office of Special Counsel has angered many by removing references to sexual orientation discrimination on his office's Web site and complaint forms, stripping most gay federal workers of legal recourse if they suffer discrimination on the job.... The Cincinnati Business Courier reports that the Hamilton County Prosecutor is suing to stop the county's hiring of attorney Stan Chesley to pursue an antitrust case against the Cincinnati Bengals on behalf of the county.... FindLaw's Writ features Hastings law professor Vikram David Amar's column on same-sex marriage and the California constitution, as well as DC attorney Matt Herrington's book review of Frederick Schauer's Profiles, Probabilities, and Stereotypes.

click for the previous US law and business press review

US News & World Report has ushered in another April with the release of its annual rankings of accredited American law schools. Yale Law School once again tops the 2005 rankings, which the news magazine compiles yearly on the basis of a dozen quantitative, but arguably arbitrary, measures of institutional quality. Indeed, the top rung of the rankings has changed little from last year or even from last decade, lending support to the idea of The Durability of Law School Reputation [PDF] about which Professor Richard Schmalbeck of the Duke University School of Law (#10, see graphic) has written. Eight of the top nine schools are the same in a 1974 survey he cites and the 2005 rankings.

In the top 50, the major upward movers (4 places or more) were Washington University in St. Louis (20, up from 25 in 2004), Emory University (23, up from 27), University of Washington (34, up from 45), University of Alabama (40, up from 45) and JURIST's own host institution, the University of Pittsburgh (47, up from 51). Downward movers in the top 50 were Boston College (29, down from 22), Ohio State University (42, down from 38), the University of Utah (47, down from 40), and the University of Colorado-Boulder (50, down from 40). Tulane Law School dropped off the top-50 list, moving from 45 to 56.

In other law school news, the North Grounds Softball League of the University of Virginia School of Law is finishing preparations for the 21st Annual Virginia Law Softball Invitational, to be held this weekend. A hundred odd teams of law students will converge on Charlottesville for a double-elimination tournament and general "merriment." Teams from the University of Chicago Law School and from UVA will enter the tournament as defending champions in the regular and co-rec divisions.

Some of the legal stories featured in Thursday's foreign press... China's Xinhua covers the National People's Congress's interpretations of the Basic Law on the Hong Kong Special Administrative Region. Deliberations, adhering to the 'one country, two systems' principle, are focusing ensuring the constitutional developments required for Hong Kong's long term economic prosperity.... In Korea, the Chosum Ilbo follows presidential impeachment proceedings. The nine Supreme Court justices presiding over the hearings heard arguments on the stated claims- election law violations, corruption and ruining the economy. Though the National Assembly's attorney requested a postponement until after the general election, the Court President ordered the start of testimony.... The UK's Telegraph reports a British colonel has won a libel suit against two tabloid newspapers. The papers accused him of war crimes during the recent Iraq war. The colonel was awarded undisclosed damages and received admissions from both tabloids.... South Africa's Independent Online covers the Supreme Court of Appeals recognition of battered woman's syndrome. The defendant, a woman convicted of assisting her partner's murder, had her sentence reduced from life imprisonment to one to six years with the remaining sentence suspended. However, a dissenting judge expressed concern that the ruling would encourage 'lynch mob' mentality.

click for the previous foreign press review

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