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Legal news from Friday, April 30, 2004 |

Friday, April 30, 2004 |

Roundup of today's legal news
Rob at 3:02 PM ET

Seven "stand-in" members of the Alabama Supreme Court upheld the state's decision to oust former Chief Justice Roy Moore following his willfully disobeying a federal court order to remove a Ten Commandments monument from the Alabama Justice Building. The AP has more... Texas Supreme Court Chief Justice Tom Phillips Thursday announced his resignation. Phillips will be departing the Court in September to teach at the South Texas School of Law. The Houston Chronicle has this report... The September 11th Victim Compensation Fund has denied one out of every three injury claims, the AP is reporting... The US Supreme Court is expected to announce next week if it will intercede in Colorado's redistricting fight. Read the Colorado Supreme Court opinion in Salazar v. Davidson here. AP has more.... The Supreme Court of Canada dealt a series of blows to aboriginal rights advocates in three decisions announced today. In one, the Court refused the appeal of a Fort McMurray man, ending a 12-year legal battle for aboriginal tax immunity. The Court decided to accept the appeal of two decision which granted the Mi'kmaq the right to harvest wood on Crown lands. The CanWest News Service provides this report.


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Nigeria cracks down on TV broadcasting of miracles
Rob at 2:52 PM ET

The National Broadcast Commission (NBC) of Nigeria has decided that broadcasters may no longer show miracles on television in a way that is not "provable and believable," under penalty of fine or loss of equipment. No ruling or guidelines have yet to be published, providing broadcasters no direction on how to verify the miracles shown on their popular Christian Pentecostal programming. BBC News provides this report.


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Venezuela National Assembly passes Supreme Court reforms
Rob at 2:52 PM ET

The Venezuela National Assembly today passed legislation reforming the Supreme Court following months of debate and a marathon all-night session. The measure will expand the number of Supreme Court judges to 32 from its current 20. Final drafting and approval by President Hugo Chavez are still pending. Opponents of Chavez believe the measure, which also allows for appointment and impeachment of Supreme Court judges by a simple majority of legislators, will help cement the President's control of the Court. Reuters has more.


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California supremes limit divorced parents' rights to relocate children
Rob at 1:58 PM ET

The Supreme Court of California Thursday made it more difficult for custodial parents to move out-of-state with children over the objections of the other parent. In the "landmark" 6-1 ruling, the justices emphasized that courts must weigh the likely impact of the move on the noncustodial parent, then decide in light of the best interest of the child. Read Navarro v. LaMusga here [PDF]. The Los Angeles Times news service has more.


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6th Circuit panel upholds revocation of former Nazi guard's US citizenship
Rob at 1:48 PM ET

The 6th U.S. Circuit Court of Appeals today upheld a lower court ruling stripping John Demjanjuk of his US citizenship. The panel concluded that Demjanjuk did in fact serve as a guard in Nazi concentration camps during World War II. Read US v. Demjanjuk here. The AP has more.


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Outrage grows over images of alleged US abuse of Iraqi prisoners
Rob at 1:10 PM ET

Widespread outrage has greeted the release of images of alleged US military abuse of Iraqi prisoners being held at the Abu Ghraib detention facility in Baghdad. President Bush, who was aware of these reports "for a while," has expressed his disgust over the treatment of the prisoners. BBC News has more. Criminal charges have been filed against six members of the US Army Reserve unit responsible for the detention facility. The charges include conspiracy, dereliction of duty, cruelty and maltreatment, assault, and indecent acts with another. Administrative penalties have been ordered against seven officers. The commander of the Guantanamo Bay, Cuba military detention facility, Major General Geoffrey Miller, has been named to the newly created post of deputy commander for detainee operations in Iraq. The Washington Post news service provides this report. One of the accused soldiers, Army Reserves Staff Sgt. Ivan "Chip" Frederick, wrote that Army commanders ignored his requests for rules for treating the prisoners. Frederick is a correctional officer in civilian life. The AP has more. Britain is considering whether to prosecute eight of its soldiers one year after allegations of prisoner abuse in Iraq first surfaced, the AP is reporting.


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9th Circuit to rehear Internet jurisdiction case en banc
Rob at 12:55 AM ET

The US Court of Appeals for the Ninth Circuit has agreed to reconsider en banc the issue of Internet-based jurisdiction. Read the Order. A 9th Circuit panel previously held in Gator.com Corp. v. L.L. Bean, Inc. that the Maine retailer's web store created enough commercial activity in the state to establish general jurisdiction. Read the decision here [PDF]. The Recorder has more.


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World Trade Center attacks one occurrence for insurance purposes, jury finds
Rob at 12:08 AM ET

A jury handed World Trade Center leaseholder Larry A. Silverstein a major setback in his legal battle with insurers over money for rebuilding at the World Trade Center site. The federal jury cut about $1 billion of the potential liability of eight insurers, finding that a temporary policy limited the destruction of the twin towers to one occurrence. The jury decided that three other insurers may be liable for double payments on $176 million in coverage. The verdict is still out, literally, on the potential liability of Swiss Re International Business Insurance Company Ltd., which would owe Silverstein $877.5 million for a single occurrence. Jurors were urged by US District Court Southern District of New York Chief Judge Michael B. Mukasey to deliberate with renewed intensity late Thursday. The New York Times provides this report. New York Law Journal has more.


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April 30: This day at law ~ US, France signed Louisiana Purchase treaty
Bernard Hibbitts at 12:01 AM ET

On April 30, 1803, the United States and France signed the Louisiana Purchase Treaty in Paris, by which France ceded its Louisiana Territory to the US for $15 million. Review the terms of the Louisiana Purchase Treaty.


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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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