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Legal news from Thursday, March 6, 2003




UN Security Council meeting on Iraq
Bernard Hibbitts on March 6, 2003 10:11 PM ET

[JURIST] The UN Security Council meets [Security Council schedule] Friday to receive UNMOVIC Chairman Dr. Han Blix's latest report on weapons inspections pursuant to Security Council Resolution 1441. The UN webcast of the meeting is scheduled to begin at 10:30 AM ET Friday, and JURIST's Paper Chase will carry it live.






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New caselaw - Child Online Protection Act
Bernard Hibbitts on March 6, 2003 10:07 PM ET

[JURIST] ACLU v. Ashcroft [PDF opinion] (March 6, US Third Circuit Court of Appeals [official website]). A panel of the Court upheld a preliminary injunction against enforcement of the Child Online Protection Act [text], restricting minors' access to harmful websites. Judge Leonard Garth wrote: "The District Court did not abuse its discretion in granting the plaintiffs a preliminary injunction on the grounds that COPA, in failing to satisfy strict scrutiny, had no probability of success on the merits. COPA is clearly a content-based restriction on speech. Although it does purport to serve a compelling governmental interest, it is not narrowly tailored, and thus fails strict scrutiny. COPA also fails strict scrutiny because it does not use the least restrictive means to achieve its ends. The breadth of the "harmful to minors" and "commercial purposes" text of COPA, especially in light of applying community standards to a global medium and the burdens on speech created by the statute's affirmative defenses, as well as the fact that Congress could have, but failed to employ the least restrictive means to accomplish its legitimate goal, persuade us that the District Court did not abuse its discretion in preliminarily enjoining the enforcement of COPA."






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Blix: Iraq war would be failure for inspections, but inspectors can exit in 48 hours
Bernard Hibbitts on March 6, 2003 10:02 PM ET

[JURIST] UNMOVIC Chairman Dr. Hans Blix discusses the progress and problems of Iraq weapons inspections ahead of Friday's scheduled UN Security Council meeting in this Thursday report from UN Radio . If inspections fail and war comes, however, evacuation plans are in place and Blix's teams can be out in 48 hours.






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74 law professors file amicus brief in Doe v. Bush war powers appeal
Bernard Hibbitts on March 6, 2003 9:47 PM ET

[JURIST] The National Lawyers Guild [advocacy website] announced Thursday that seventy-four law professors have filed an amicus brief in support of the plaintiffs' appeal in the Doe v. Bush war powers lawsuit which was initially dismissed in US District Court in Boston on February 24. Read the brief [PDF text] and review War Powers: Towards Unchecked Executive Authority?, a JURIST Forum op-ed from February 25 by Margaret Burnham of Northeastern University School of Law who co-authored the original plaintiffs' brief in the case.






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The war on terror - two lectures at Columbia Law
Bernard Hibbitts on March 6, 2003 9:33 PM ET

[JURIST] Columbia Law School has posted streaming video of two recent lectures on legal aspects of the war on terror delivered as part of its Spring 2003 Columbia Goes to War [speaker series overview] special lecture series on Public International Law. Watch Jose Alvarez consider The UN's War on Terrorism (March 4) and Gerald Neuman asking Should the Laws of War Protect Terrorists? (February 27).






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Guantanamo Bay prisoners
Bernard Hibbitts on March 6, 2003 9:20 PM ET

[JURIST] New York monitoring group Human Rights Watch [advocacy website] said Thursday in a letter to Secretary of Defense Donald Rumsfeld that the United States has no legal basis for continuing to hold captured Taliban soldiers at Guantanamo Bay. Read the HRW letter and covering press release. The letter comes a day after UN High Commissioner for Human Rights Sergio Vieira de Mello met with senior US Administration officials in Washington to express his concerns [UN News report] about the US treatment of detainees in the war on terror.






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Copyright piracy
Bernard Hibbitts on March 6, 2003 9:13 PM ET

[JURIST] The House Judiciary Committee Subcommittee on Courts, the Internet and Intellectual Property held a hearing Thursday on "Copyright Piracy Prevention and the Broadcast Flag." Witness statements are now available from the Subcommittee website.






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Balanced Budget Amendment
Bernard Hibbitts on March 6, 2003 9:09 PM ET

[JURIST] The House Judiciary Committee Subcommittee on the Constitution held a hearing Thursday on the revived Balanced Budget Amendment [H.J. Res. 22 text]. Witness statements are now available form the Subcommittee website.






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Leahy, Hatch on Estrada cloture vote
Bernard Hibbitts on March 6, 2003 8:01 PM ET

[JURIST] Remarks by Senate Judiciary Committee Ranking Democrat Senator Patrick Leahy (successfully) opposing cloture in the filibuster of the Miguel Estrada nomination Thursday are now available online from his office. Senate Judiciary Committee Chairman Senator Orrin Hatch has also released a statement.






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Three strikes analysis
Bernard Hibbitts on March 6, 2003 5:02 PM ET

[JURIST] Wednesday's US Supreme Court rulings upholding the constitutionality of California's "three strikes" sentencing law (Ewing v. California [decision syllabus] and Lockyer v. Andrade [decision syllabus]) are dissected today by law professors Jeff Cooper [Cooped Up post] of Indiana University School of Law Indianapolis and David Wagner [Ninomania post] of Regent University School of Law, both writing on their weblogs.






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Illinois death penalty abolition bill
Bernard Hibbitts on March 6, 2003 4:43 PM ET

[JURIST] The Illinois General Assembly Judiciary Committee approved by 8-4 Thursday a controversial bill that would abolish the Illinois death penalty. Illinois took the death penalty spotlight earlier this year when outgoing Governor George Ryan commuted to life imprisonment the death sentences of all the prisoners on Illinois death row. Learn more about HB 213, An Act to Abolish the Death Penalty. The proposed legislation now goes to the full House for Second Reading.






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UK Foreign Secretary on Iraq
Bernard Hibbitts on March 6, 2003 3:40 PM ET

[JURIST] UK Foreign Secretary Jack Straw [official profile] met with reporters at the UN Thursday in advance of Friday's scheduled Security Council meeting on Iraq, where chief UN weapons inspector Hans Blix will give an updated report on Iraq's compliance with Security Council Resolution 1441. Watch streaming video of the Foreign Secretary's press conference, now online from the UN.






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House hearing on Justice Department budget
Bernard Hibbitts on March 6, 2003 3:27 PM ET

[JURIST] The Commerce and Justice Subcommittee of the House Appropriations Committee [official website] held a hearing Thursday on projected US Department of Justice spending for fiscal year 2004. Attorney General John Ashcroft was scheduled to testify. Earlier Thursday the DOJ auditor released the Department's 2002 Performance and Accountability Report [text].






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Bush: vote to support Estrada filibuster a "disgrace"
Bernard Hibbitts on March 6, 2003 1:34 PM ET

[JURIST] President Bush reacted harshly Thursday to the defeat of the cloture motion [JURIST report] to stop the Democratic filibuster on the judicial nomination of Miguel Estrada. "Miguel Estrada is a well-qualified nominee to the U.S. Court of Appeals who has been waiting nearly two years for an up or down vote in the United States Senate. The decision today by 44 Senators to continue to filibuster and block a vote on this nomination is a disgrace," he said. Read the complete statement by the President and review the full breakdown of the roll-call vote now online from the US Senate.






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Senate Judiciary Committee terrorism hearing
Bernard Hibbitts on March 6, 2003 1:26 PM ET

[JURIST] The Senate Judiciary Committee [official website] held a hearing Wednesday on "The War Against Terrorism: Working Together to Protect America." Witnesses included Attorney General John Ashcroft, Homeland Security Secretary Tom Ridge and FBI Director Robert Mueller. Streaming video of the full hearing and prepared statements of the witnesses and Chairman Senator Orrin Hatch are now available from the Committee.






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Civil rights and the fight against terrorism
Bernard Hibbitts on March 6, 2003 1:10 PM ET

[JURIST] Mary Jo White [attorney profile], the former US District Attorney for the Southern District of New York who led prosecutions in a string of high-profile terrorism cases between 1993 and 2002, discussed civil rights and the fight against terrorism February 28 as part of the Harvard Law School Saturday School [official website] program. Streaming video of her talk is now available from HLS.






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Law prof blog-watch
Bernard Hibbitts on March 6, 2003 11:45 AM ET

[JURIST] Lawrence Solum [Legal Theory blog]of Loyola Law School Los Angeles reflects on "Just War" theory and Iraq [Legal Theory post], and also posts his regular Thursday run-down of law school faculty workshops [Legal Theory post].

Tung Yin of the University of Iowa College of Law has some thoughts on splitting the 9th Circuit.






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Estrada cloture vote
Bernard Hibbitts on March 6, 2003 11:26 AM ET

[JURIST] Senate Republicans Thursday fell five votes short (55 of the requisite 60) of invoking cloture on the Democratic filibuster of the nomination of Miguel Estrada [official profile] to the DC Circuit Court of Appeals. Learn more about cloture [backgrounder] from the US Senate.






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Thursday's law school briefs
Bernard Hibbitts on March 6, 2003 9:13 AM ET

[JURIST] Reviving an initiative it sustained for over thirty years between 1938 and 1969, Southern Methodist University Dedman School of Law [official website] has announced that it will offer evening classes beginning in the fall of 2004. The SMU Daily Campus has the story, and SMU Law School provides a press release.

Tucson police have ruled Monday's death of University of Arizona Rogers College of Law [official website] student Susan Barber a homicide. The Arizona Daily Wildcat has details.

Law students at the University of Texas School of Law [official website] are bracing themselves for the possibility of fewer class sections, reduced library hours and limited building maintenance as the administration there struggles with University and state budget cuts. The Daily Texan reports.

Senate Judiciary Committee Ranking Democrat Senator Patrick Leahy discussed human rights and foreign policy Tuesday at Brandeis School of Law at the University of Louisville [official website]. The Louisville Cardinal has more.






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Status report
Bernard Hibbitts on March 6, 2003 8:53 AM ET

[JURIST] JURIST's Paper Chase will be coming back to life over the course of Thursday. Most of the format changes have been made and the technical bugs worked out, but your continued patience is appreciated.






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