JURIST's legal news service, powered by a team of over 40 law student reporters and editors led by Professor Bernard Hibbitts at the University of Pittsburgh School of Law. http://jurist.org/paperchase JURIST@pitt.REMOVE_THISedu [JURIST] The New Jersey Senate [official website] on Monday voted 24-16 to approve the Marriage Equality and Religious Exemption Act [text, PDF], a bill which, if enacted, would legalize same-sex marriage [JURIST backgrounder] in the state. Under the bill, marriage would be defined as the "legally recognized union of two consenting persons in a committed relationship." The legislation would not require any member of the clergy or religious institution to perform same-sex marriages, or provide space for same-sex marriage services. The bill would also effectively end the state's current civil union system, with all partners currently in civil unions being... http://jurist.org/paperchase/2012/02/nj-senate-votes-to-approve-same-sex-marriage.php 2012-02-14T13:56:27-05:00 http://jurist.org/paperchase/2012/02/nj-senate-votes-to-approve-same-sex-marriage.php Sung Un Kim ... [JURIST] A Tunisian court on Tuesday dropped charges against former Libyan prime minister Al Baghdadi Ali al-Mahmoudi [JURIST news archive] for illegally entering the country, but the former figurehead under the regime of Muammar Gaddafi [BBC obituary; JURIST news archive] remains in jail until a final decision on his extradition to Libya. The court dismissed the charges [Reuters report] after determining that al-Mahmoudi had lawfully crossed into Tunisia from Libya. Al-Mahmoudi's lawyer has indicated that he is attempting to have him released from custody while awaiting the extradition process. This decision comes following negotiations between the Tunisian interim government, led... http://jurist.org/paperchase/2012/02/tunisia-court-drops-charges-against-former-pm-of-libya.php 2012-02-14T13:29:22-05:00 http://jurist.org/paperchase/2012/02/tunisia-court-drops-charges-against-former-pm-of-libya.php Brandon Gatto ... [JURIST] A local Chinese court in Xiamen on Monday indicted Lai Changxing [CNTV backgrounder] on charges of bribing Chinese government officials and running a Xiamen-based network that smuggled large quantities of goods during the 1990s. As chairman of the Yuanhua Group in Xiamen, Lai allegedly smuggled [Reuters report] billions of dollars worth of various goods including cigarettes and cars, as well as oil and other chemicals. In order to smuggle the goods through Chinese customs, Lai allegedly bribed government officials with significant amounts of money. More than 200 senior government officials have been implicated in the smuggling ring. The date... http://jurist.org/paperchase/2012/02/china-court-indicts-top-fugitive-on-bribery-charges.php 2012-02-14T12:51:44-05:00 http://jurist.org/paperchase/2012/02/china-court-indicts-top-fugitive-on-bribery-charges.php Sung Un Kim ... [JURIST] The US Court of Appeals for the Ninth Circuit [official website] on Monday heard oral arguments from minority student advocates who urged the court to reconsider California's voter-approved ban on affirmative action based on race or gender preferences in education and state hiring. The ban, Proposition 209 [text], has been upheld by California courts as a race-neutral measure. Though the measure bars state and local agencies from considering race or gender in employment, contracting, and education, 55 applicants to the University of California (UC) schools of higher education and the Coalition to Defense Affirmative Action (CDAA) [advocacy website] brought... http://jurist.org/paperchase/2012/02/ninth-circuit-hears-education-challenge-to-CA-affirmative-action-ban.php 2012-02-14T12:34:33-05:00 http://jurist.org/paperchase/2012/02/ninth-circuit-hears-education-challenge-to-CA-affirmative-action-ban.php Brandon Gatto ... [JURIST] UN High Commissioner for Human Rights Navi Pillay [official profile; JURIST news archive], in a speech [text] to the UN General Assembly on Monday, called for the UN Security Council to refer the situation in Syria to the International Criminal Court (ICC) [official website]. Pillay urged an investigation of Syrian government and military officials for possible crimes against humanity. She emphasized that the international community needed to hold Syrian officials accountable for their alleged human rights abuses: The Fact-Finding Mission, the Commission of Inquiry on Syria, and I myself have all concluded that crimes against humanity are likely to... http://jurist.org/paperchase/2012/02/un-human-rights-chief-again-urges-referral-of-syria-to-icc.php 2012-02-14T12:27:10-05:00 http://jurist.org/paperchase/2012/02/un-human-rights-chief-again-urges-referral-of-syria-to-icc.php Max Slater ... [JURIST] The US Department of State (DOS) [official website] on Monday dispatched a team of international law experts to Haiti to assess how to reinforce the Haitian judiciary's power and independence, according to Haitian Prime Minister Garry Conille [official website, in French]. Conille said that one of the experts' goals would be to investigate a ruling [AP report] involving former Haitian ruler Jean-Claude Duvalier [CBC profile; JURIST news archive]. The ruling, handed down two weeks ago, stated [JURIST report] that Duvalier will not face trial for crimes against humanity, including torture, rape and murder during his reign from 1971 to... http://jurist.org/paperchase/2012/02/us-state-department-sends-experts-to-haiti-to-strengthen-haitian-courts.php 2012-02-14T11:41:25-05:00 http://jurist.org/paperchase/2012/02/us-state-department-sends-experts-to-haiti-to-strengthen-haitian-courts.php Max Slater ... [JURIST] Apple [official website; Bloomberg backgrounder] requested that the US District Court for the Northern District of California [official website] grant a preliminary injunction against Samsung [official website; Bloomberg backgrounder] on Wednesday, to block the company from selling its new phone, the Galaxy Nexus [official profile]. The smartphone uses Google's newest version of Android [official website] called Ice Cream Sandwich, which Apple alleges infringe on four patents [Apple Insider report] held by Apple. The patents describe features that allow users to search by using a voice command, slide an image to unlock the phone, an autocorrect function for typing and... http://jurist.org/paperchase/2012/02/apple-inc-asks-federal-court-to-grant-injunction.php 2012-02-14T07:03:28-05:00 http://jurist.org/paperchase/2012/02/apple-inc-asks-federal-court-to-grant-injunction.php Jamie Davis ... [JURIST] Washington Governor Christine Gregoire [official website] signed legislation [HB 6239] Monday legalizing same-sex marriage [JURIST backgrounder], making Washington the eighth jurisdiction in the US to offer marriage to same-sex couples. Washington had previously granted expanded domestic partnership rights [JURIST report] rather than full marriage or civil union rights to same-sex couples. Gregoire's signature completed a campaign for marriage rights that started in 2006. Gregoire, a strong personal advocate of same-sex marriage, stated [press release] after signing: As governor for more than seven years, this is one of my proudest moments. And most surely today is a proud day in... http://jurist.org/paperchase/2012/02/washington-governor-signs-same-sex-marriage-bill.php 2012-02-13T18:15:16-05:00 http://jurist.org/paperchase/2012/02/washington-governor-signs-same-sex-marriage-bill.php Jamie Reese ... [JURIST] The trial of seven of nine indicted Hutaree [CNN backgrounder] militia members began with jury selection and opening statements [case docket] Monday in the US District Court in the Eastern District of Michigan [official website]. Nine members of the militia were indicted [JURIST report] in March 2010 on charges of seditious conspiracy, attempted use of weapons of mass destruction, teaching the use of explosive materials, and possessing a firearm during a crime of violence in connection with a plan to kill Michigan law enforcement officers. Lawyers for the Hutaree militia maintain that the anti-government statements made by militant members... http://jurist.org/paperchase/2012/02/trial-for-US-militia-group-hutaree-begins-in-Michigan-federal-court.php 2012-02-13T13:49:02-05:00 http://jurist.org/paperchase/2012/02/trial-for-US-militia-group-hutaree-begins-in-Michigan-federal-court.php Jamie Davis ... [JURIST] The first trial of alleged Indonesia bomber Umar Patek began Monday in the West Jakarta District Court over his role in several terrorist plots including the Jakarta church bombings in 2000 and the 2002 Bali nightclub bombing [BBC backgrounder]. Patek was arrested [Jakarta Post report] in Abbottabad, Pakistan, in 2011, just a few weeks before US special forces killed Osama Bin Laden [JURIST news archive] in the same town. If convicted Patek could face life imprisonment or a death sentence. Patek is not facing terrorism charges under Indonesia law, since the terrorism law came into effect in 2003 after... http://jurist.org/paperchase/2012/02/Indonesia-trial-begins-for-bali-nightclub-bombing-suspect-trial.php 2012-02-13T11:26:08-05:00 http://jurist.org/paperchase/2012/02/Indonesia-trial-begins-for-bali-nightclub-bombing-suspect-trial.php Jamie Reese ... [JURIST] The Greek Parliament [official website, in Greek] approved austerity measures late Sunday, securing a second bailout for the country to avoid bankruptcy amidst rioting and violence in downtown Athens. A total of 199 lawmakers voted for the measures [Bloomberg report] with 74 members of parliament voting against the package. Protesters clashed with police outside parliament after the vote, looting and burning buildings in reaction to the new budget measures that will eliminate public sector jobs and lower wages and pension plans. Prime Minister Lucas Papademos [official profile] denounced the violence, regarded as the worst since 2008, which continued into... http://jurist.org/paperchase/2012/02/greece-parliament-approves-austerity-measures.php 2012-02-13T10:04:44-05:00 http://jurist.org/paperchase/2012/02/greece-parliament-approves-austerity-measures.php Sarah Posner ... [JURIST] The Supreme Court of Pakistan [official website] charged Pakistani Prime Minister Yousuf Raza Gilani [BBC profile; JURIST news archive] with contempt of court Monday for disobeying a court order to open corruption cases against President Asif Ali Zardari [official website]. Gilani appeared before the court and pleaded not guilty, saying he will fight the charges. The Supreme Court claims Gilani defied a court order [BBC report] to ask Swiss authorities to re-open cases against Zardari. Gilani has maintained that charges against President Zardari are politically motivated and the president has immunity as the head of state [Al Jazeera report].... http://jurist.org/paperchase/2012/02/pakistan-pm-charged-with-contempt-of-court.php 2012-02-13T09:26:33-05:00 http://jurist.org/paperchase/2012/02/pakistan-pm-charged-with-contempt-of-court.php Sarah Posner ... [JURIST] The UK High Court of Justice ruled Friday that the Bideford Town Council does not have authority to conduct prayers at the beginning of its official meetings. The judgment [opinion, PDF] followed a Judicial Review initiated by the National Secular Society (NSS) [advocacy website; press release] to challenge the practice of prayers as part of the formal business of council meetings, attendance at which is mandatory for local councillors. Even though prayer was conducted at meetings before attendance was taken, with councillors told they could abstain from such portions of meetings, the prayer was included in the formal list... http://jurist.org/paperchase/2012/02/uk-high-court-bans-prayer-at-town-council-meetings.php 2012-02-12T16:29:13-05:00 http://jurist.org/paperchase/2012/02/uk-high-court-bans-prayer-at-town-council-meetings.php Jaimie Cremeans ... [JURIST] Malaysian officials confirmed Sunday that a Saudi reporter facing a possible death penalty charge in his country was handed over to Saudi officials for deportation. Malaysia national spokesman Ramli Yoosuf announced that Hamza Kashgari, 23, was flown back to Saudi Arabia [AP report] under a warrant for arrest issued Monday by Saudi authorities. A lawyer appointed by Kashgari's family has stated that the move was unlawful because he had previously obtained a court order to block deportation. Kashgari faces charges of blasphemy, a crime punishable by death in Saudi Arabia. Kashgari was threatened with death penalty charges after making... http://jurist.org/paperchase/2012/02/malaysia-deports-saudi-arabia-reporter-facing-death-penalty.php 2012-02-12T15:27:14-05:00 http://jurist.org/paperchase/2012/02/malaysia-deports-saudi-arabia-reporter-facing-death-penalty.php Jaimie Cremeans ... [JURIST] Utah's Fourth Judicial District Court [official website] Wednesday granted a death row inmate's request to be put to death by firing squad. Michael Archuleta, 49, was convicted in 1989 of first-degree murder for the beating death of a college student, and is now set to be executed by firing squad [order, PDF] on April 5. Judge Donald Eyre Jr. [official profile] issued the execution warrant under a Utah statute [text] that sets "lethal intravenous injection" as the official method of execution, unless "a court holds that a defendant has a right to be executed by a firing squad, [in... http://jurist.org/paperchase/2012/02/utah-court-will-allow-execution-by-firing-squad.php 2012-02-12T11:50:07-05:00 http://jurist.org/paperchase/2012/02/utah-court-will-allow-execution-by-firing-squad.php Matthew Pomy ... [JURIST] The Nuclear Regulatory Commission (NRC) [official website; press release] voted Thursday to issue the first US license for a new nuclear power plant in over 30 years. In a 4-1 vote the NRC approved an application by Southern Company [corporate website] for an issuance of two Combined Construction and Operating Licenses (COL), the first such licenses ever approved for a US nuclear plant. The lone dissenting vote was cast by NRC Chairman Gregory Jaczko [official profile], who cited environmental concerns similar to those surrounding the fallout from the March 2011 Fukushima Daiichi nuclear power plant disaster [IAEA backgrounder]. Each... http://jurist.org/paperchase/2012/02/nuclear-regulatory-commission-approves-first-new-plant-in-over-30-years.php 2012-02-12T10:37:23-05:00 http://jurist.org/paperchase/2012/02/nuclear-regulatory-commission-approves-first-new-plant-in-over-30-years.php Matthew Pomy ... [JURIST] American Tradition Partnership, Montana Shooting Sports Association [advocacy websites] and Champion Painting have petitioned the US Supreme Court [official website] to reverse the decision by the Montana Supreme Court [official website] in Western Tradition Partnership, Inc. v. Montana that corporations cannot directly contribute to political campaigns or candidates [JURIST report]. The three groups argue that Montana's century-old ban on corporate spending, implemented by the 1912 Corrupt Practices Act [PPL backgrounder], is illegal [Great Falls Tribune report] in light of the Supreme Court's ruling in Citizens United v. Federal Election Commission [JURIST report] that declared that a state cannot impose... http://jurist.org/paperchase/2012/02/groups-petition-supreme-court-to-overturn-montana-ban-on-corporate-campaign-spending.php 2012-02-11T15:18:17-05:00 http://jurist.org/paperchase/2012/02/groups-petition-supreme-court-to-overturn-montana-ban-on-corporate-campaign-spending.php Michael Haggerson ... [JURIST] Apple [corporate website; Bloomberg backgrounder] brought suit against Motorola Mobility [corporate website; Bloomberg backgrounder] in the US District Court for the Southern District of California [official website] on Friday seeking an injunction to stop Motorola from bringing patent claims against Apple in Germany. Motorola's suit in Germany is over patent no. 6,359,898 [text]. Apple contends that Motorola's German suit violates a licensing agreement between Motorola and Qualcomm [Reuters report]. Apple argues that as a customer of Qualcomm it is a third-party beneficiary of the licensing agreement, thus Motorola's right to assert patent claims is exhausted [The IP Law blog... http://jurist.org/paperchase/2012/02/apple-sues-motorola-in-federal-court-over-patent-claims-in-germany.php 2012-02-11T14:30:53-05:00 http://jurist.org/paperchase/2012/02/apple-sues-motorola-in-federal-court-over-patent-claims-in-germany.php Michael Haggerson ... [JURIST] The UN Office of the High Commissioner for Human Rights (OHCHR) [official website] on Friday expressed its concern over the trial of Spanish Judge Baltasar Garzon [BBC profile], which involve his investigations of acts that occurred during the Spanish Civil War. Spokesperson for the OHCHR, Rupert Colville, indicated that judges should not be criminally charged for investigations [UN report] performed within the scope of their judicial duties. Colville stated, "judges should not be subject to criminal prosecution for doing their job...Spain is obliged under international law to investigate past serious human rights violations, including those committed during the Franco... http://jurist.org/paperchase/2012/02/un-concerned-over-prosecution-of-spain-judge-garzon.php 2012-02-11T10:54:35-05:00 http://jurist.org/paperchase/2012/02/un-concerned-over-prosecution-of-spain-judge-garzon.php Jamie Davis ... [JURIST] The US Court of Appeals for the Fifth Circuit [official website] on Friday denied a request [press release] filed by the Center for Reproductive Rights (CRR) [advocacy website] to hold an en banc hearing to reconsider a challenge to a Texas law that requires doctors to perform a sonogram on women before an abortion [JURIST news archive]. The court's refusal means that the appeals court's original decision [opinion, PDF] that the law is enforceable will stand. The Texas law [HB 15, PDF] has been controversial because it requires doctors to describe the details of the sonogram to the woman... http://jurist.org/paperchase/2012/02/federal-appeals-court-refuses-to-reconsider-texas-sonogram-law.php 2012-02-11T09:44:54-05:00 http://jurist.org/paperchase/2012/02/federal-appeals-court-refuses-to-reconsider-texas-sonogram-law.php Jamie Davis ... [JURIST] Former Croatian military commander and senior interior minister Tomislav Mercep [official profile, in Croatian] pleaded not guilty Friday for war crimes committed against Serbians during the 1990s conflict in the Balkans. The Municipal Court in Zagreb charged that he was aware of atrocities against civilians [JURIST report] but prevented other officials from mitigating damages against them. Mercep has also been charged with with ordering detentions, torture and executions of Serbian civilians. Mercep was arrested [JURIST report] in December 2010. His plea and trial are some of the requirements of dealing with past war crimes before Croatia's admittance to the... http://jurist.org/paperchase/2012/02/former-croatia-interior-minister-pleads-not-guity-to-war-crimes-charges.php 2012-02-10T16:30:42-05:00 http://jurist.org/paperchase/2012/02/former-croatia-interior-minister-pleads-not-guity-to-war-crimes-charges.php Jerry Votava ... [JURIST] Human Rights Watch [official website] Director Daniel Bekele [HRW profile] on Friday urged South Sudan to investigate [HRW report] attacks made on Murle villages in December and prosecute those responsible. In this organized attack [UN News Centre report], thousands of armed Lou Nuer villagers invaded the Murle villages, robbing and burning houses and killing thousands of people. South Sudan's government has claimed repeatedly that it will investigate [South Sudan government news reports] the attacks and punish those who are responsible, but HRW says that no progress has been made. "For speed and credibility's sake, the government should ask the... http://jurist.org/paperchase/2012/02/rights-group-urges-south-sudan-to-prosecute-those-responsible-for-ethnic-violence.php 2012-02-10T14:47:19-05:00 http://jurist.org/paperchase/2012/02/rights-group-urges-south-sudan-to-prosecute-those-responsible-for-ethnic-violence.php Jaimie Cremeans ... [JURIST] The UN Office of the High Commissioner for Human Rights (OHCHR) [official website] Friday reiterated its call for international action to protect civilians in Syria [JURIST news archive], calling for Syrian officials suspected of crimes against humanity to be tried before the International Criminal Court (ICC) [official website]. High Commissioner Navi Pillay [official profile] is now scheduled to address the UN General Assembly [UN News Centre report] on Monday regarding the latest humanitarian developments in Syria, where the ongoing uprising challenging the autocratic rule of President Bashar Assad has resulted in a bloody government crackdown that has seen more... http://jurist.org/paperchase/2012/02/un-rights-office-calls-for-icc-trial-for-syria-officials.php 2012-02-10T14:06:50-05:00 http://jurist.org/paperchase/2012/02/un-rights-office-calls-for-icc-trial-for-syria-officials.php Jerry Votava ... [JURIST] The Virginia Senate [official website] approved a bill [text, PDF] Wednesday that would allow private adoption agencies to refuse placement to families if the agency, or anyone affiliated with it, disagrees with the proposed placement based on religious beliefs. Effectively, this bill would allow adoption agencies to refuse to adopt to same-sex couples. It has already been passed [JURIST report] by the the Virginia House of Delegates [official website], and Governor Bob McDonnell [official profile] said he will sign the bill if it makes it to his desk. The bill provides, in relevant part: No private child-placing agency shall... http://jurist.org/paperchase/2012/02/virginia-senate-approve-bill-allowing-adoption-agencies-to-refuse-placement.php 2012-02-10T12:46:18-05:00 http://jurist.org/paperchase/2012/02/virginia-senate-approve-bill-allowing-adoption-agencies-to-refuse-placement.php Matthew Pomy ... [JURIST] Ugandan MP David Bahati announced on Friday that clauses mandating the death penalty for "aggravated homosexuality" would be dropped from the controversial bill that would criminalize homosexuality. The bill was reintroduced [JURIST report] to the Parliament of Uganda [official website] on Tuesday in its original form, but Bahati stated that there were plans to remove certain provisions. Bahati said in 2010 that the purpose of the bill was to prevent foreigners from corrupting Ugandan children [YouTube video] by giving them money and convincing them to become homosexuals. Bahati stated that provisions imposing jail time for individuals married to someone... http://jurist.org/paperchase/2012/02/uganda-to-drop-death-penalty-from-bill-criminalizing-homosexuality.php 2012-02-10T12:00:35-05:00 http://jurist.org/paperchase/2012/02/uganda-to-drop-death-penalty-from-bill-criminalizing-homosexuality.php Michael Haggerson ...