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Legal news from Friday, March 14, 2003




New Jersey first state to make racial profiling a crime
Bernard Hibbitts on March 14, 2003 5:24 PM ET

[JURIST] New Jersey Governor James McGreevy Friday made his state the first to criminalize race-based arrests and police searches by signing a bill making those punishable by up to five years' imprisonment and a $15,000 fine. Read the Governor's press release and review the latest amended version of S429.






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Human rights abuses in Zimbabwe - State Department report
Bernard Hibbitts on March 14, 2003 5:09 PM ET

[JURIST] On Thursday the US State Department released a special report on human rights in Zimbabwe documenting the abuses that led President Bush to issue an executive order March 7 - previously reported on JURIST - freezing the US assets of Zimbabwe President Robert Mugabe and other government officials who he said were responsible for a "breakdown in the rule of law." Read Zimbabwe's Manmade Crisis and read a State Department news story on the background briefing that accompanied its release.






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The case for black reparations
Bernard Hibbitts on March 14, 2003 4:57 PM ET

[JURIST] Columbia University has posted a series of videos on the theme Forty Acres and a Mule: The Case for Black Reparations [video forum overview]. Among the featured speakers is Charles Ogletree [faculty profile] of Harvard Law School, currently leading a reparations lawsuit for descendants of victims of the 1921 Tulsa Race Riots.






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UN Security Council - Resolutions on Iraq
Bernard Hibbitts on March 14, 2003 2:45 PM ET

[JURIST] The US State Department Friday issued a new fact sheet on the UN Security Council ("how it works and serves US interests") detailing 17 Council Resolutions - including Resolution 1441 - that it says have been breached by Iraqi President Saddam Hussein since 1991.






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Terror concerns prompt state lawmakers to lock public records
Bernard Hibbitts on March 14, 2003 1:48 PM ET

[JURIST] A University of Florida study presented Friday at the 2003 National Freedom of Information Day Conference in Arlington, Virginia shows that since the terrorist attacks on Sept. 11, 2001 state lawmakers have enacted dozens of legal and administrative rule-changes limiting public access to government-held information about building plans, evacuation procedures, medical supplies and other security-related issues. UF researchers at the Marion Brechner Citizen Access Project rated state laws on access to security, public safety and terrorism-related records on a scale from "sunny" - in reference to public access "sunshine laws" - to "dark," for the most closed. Louisiana, Ohio, Tennessee and the District of Columbia were rated "nearly dark" due to laws limiting access to many records on preparedness and security risks. Project Director Bill Chamberlin said: "It is one thing to keep sensitive information out of the hands of the terrorists, but quite another to use terrorism as an excuse to shield government officials from being accountable for their actions." Read the University of Florida press release and review state rankings on public access to records on preparation for and reaction to terrorism.






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Rights oversight approved for US airline passenger screening system
Bernard Hibbitts on March 14, 2003 1:18 PM ET

[JURIST] The Senate Commerce Committee [official website] Thursday approved an amendment to the proposed Air Cargo Security Bill (S. 165) [bill text] that would require the Homeland Security Secretary to report to Congress on the privacy and civil liberties impact of the Computer Assisted Passenger Prescreening System (CAPPS II) currently being developed by the Transportation Security Administration. Read a press release from amendment sponsor Senator Ron Wyden, and learn more about CAPPS II from Privacy Activism and the TSA.






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Security Council delegates say no agreement on Iraq, but summit welcome
Bernard Hibbitts on March 14, 2003 11:57 AM ET

[JURIST] Ambassadors from UN Security Council members Germany and Pakistan spoke briefly at a press stakeout at UN Headquarters in New York Friday morning. While indicating there was as yet no agreement within the Council on an Iraq resolution, both delegates welcomed the newly-scheduled weekend summit in the Azores of leaders from draft sponsors UK, Spain and the United States. The ambassador from Pakistan also indicated that six of the non-permanent Security Council members were continuing negotiations amongst themselves on a possible new draft. Watch video from the UN.






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Estrada cloture - third time lucky ?
Bernard Hibbitts on March 14, 2003 10:51 AM ET

[JURIST] The US Senate website indicates that yet another (the third...) cloture motion has been filed to terminate debate on the nomination of Miguel Estrada to the US DC Circuit Court of Appeals, and that the vote on the motion will occur Tuesday morning.






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Law school briefs
Bernard Hibbitts on March 14, 2003 9:26 AM ET

[JURIST] Aviam Soifer [faculty profile], professor and former dean at Boston College Law School, is expected to be named dean of the University of Hawai'i William S. Richardson School of Law [official website], says Friday's Honolulu Advertiser.... UC Berkeley School of Law (Boalt Hall) [official website] has announced that Professor Emeritus Sheldon Messinger, a distinguished scholar in the fields of criminology and sociology, died in Berkeley on March 6. More details are available from UC Berkeley.






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EU Parliament rejects sharing airline passenger data with US
Bernard Hibbitts on March 14, 2003 9:01 AM ET

[JURIST] By a vote of 414-44 Thursday the European Parliament [official website] passed a resolution "regretting" a February joint declaration [PDF] by US and EU officials which allows European airlines to provide US Customs personnel with data on passengers flying to the United States. The Parliament wants the European Commission to rescind the agreement - which it considers contrary to the European Data Protection Directive [text] - and is considering a legal challenge in the European Court of Justice. Read the Parliament press release and review a provisional text of the resolution. Learn more about EU-US airline passenger data disclosure from the Electronic Privacy Information Center and review the FAQ from the EU External Relations office.






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Senate Judiciary Committee - Owen nomination hearing video
Bernard Hibbitts on March 14, 2003 8:41 AM ET

[JURIST] The Senate Judiciary Committee [official website] has posted recorded video of yesterday's marathon hearing (over 9 hours) on the nomination of Priscilla Owen [DOJ nomination info] to the US Fifth Circuit Court of Appeals. The opening statement of Ranking Democrat Senator Patrick Leahy [statement] is also available online.






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