JURIST Supported by the University of Pittsburgh
PAPER CHASE ARCHIVEDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.
Listen to Paper Chase!


Legal news from Friday, December 10, 2004




Rehnquist planning to swear-in Bush
Bernard Hibbitts on December 10, 2004 8:25 PM ET

[JURIST] Ailing Chief Justice William Rehnquist plans to swear-in George W. Bush to his second term as President at the inauguration ceremony in Washington DC on January 20, the White House and a Supreme Court spokesperson said late Friday. Rehnquist has been undergoing cancer treatment since his hospitalization in late October and has not been seen on the Supreme Court bench for several weeks, although he has continued to take part in the court's work by telephone from his home. AP has more.






Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


England court-martial moved to Texas
Bernard Hibbitts on December 10, 2004 2:24 PM ET

[JURIST] The US Army announced Friday that the court-martial for Lynndie England, charged in the Abu Ghraib prisoner abuse scandal, has been moved to Fort Hood, Texas, from Fort Bragg, North Carolina. The Army said in a statement that the move was designed to facilitate consideration of several cases stemming from the prisoner abuse scandal, including those of England, Spc. Charles Graner, Sgt. Javal Davis, and Spc. Sabrina Harman. AP has more.






Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Supreme Court takes file-sharing, death row, Supermax and takings cases
Bernard Hibbitts on December 10, 2004 1:45 PM ET

[JURIST] The US Supreme Court Friday granted certiorari in four cases on issues ranging from file-sharing to takings. In MGM Studios v. Grokster the court will consider whether suppliers of P2P file-sharing software are legally responsible for copyright infringement by computer users, as asserted by the music and movie industries. The Financial Times has more. In Medellin v. Dretke the court will rule on whether foreign nationals on death row in the US - including Mexican prisoners raising the issue - have the right to meet with a consular officer from their home country, as specified under treaty. AP has more. In Wilkinson v. Austin the court will rule on the nature and extent of state prison administrators' authority to tranfer an inmate to a maximum security prison, and in San Remo Hotel v. San Francisco, the court will rule whether property owners can assert a takings claim in federal court under the Fifth Amendment after being refused the same claim in state court. AP has more here and here.






Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Reporter sentenced to six months home confinement for not revealing source
Bernard Hibbitts on December 10, 2004 1:05 PM ET

[JURIST] Jim Taricani, a Rhode Island TV reporter convicted last month for refusing to reveal who leaked him an FBI video of a politician taking a bribe, was sentenced Thursday to six months home confinement. US District Judge Ernest Torres commented that Taricini's health - he is a heart transplant patient and is on medication to avoid organ rejection - was the only reason why he was not sentenced to a prison term. Taricini's TV station, NBC 10 in Providence, has posted his complete sentencing transcript [PDF]. AP has more.






Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


BREAKING NEWS ~ Berlusconi cleared of corruption charges
Bernard Hibbitts on December 10, 2004 12:25 PM ET

[JURIST] AP is reporting that an Italian court has cleared Italian Prime Minister Silvio Berlusconi of corruption charges.

12:45 PM ET - Berlusconi was cleared of one charge on grounds that the statute of limitations had run out, although the judges ruling suggested he was in fact guilty of authorising aides to influence a Rome judge in 1991. He was fully cleared on the second charge. A full Reuters story is now available here.






Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


International bar group wants Mugabe indicted before ICC
Bernard Hibbitts on December 10, 2004 10:50 AM ET

[JURIST] An international bar group called Friday for Zimbabwean President Robert Mugabe to be indicted before the new International Criminal Court in the Hague for murder, rape, abduction, enslavement and other rights atrocities committed by his regime. The International Bar Association, an umbrella group of 16,000 members from hundreds of lawyers' associations around the world, made the call in a special supplement published in South Africa's Mail & Guardian newspaper and Zimbabwe's weekend Independent. Zimbabwe is not currently signatory to the Rome Statute of the ICC but the IBA hopes that a post-Mugabe regime in Zimbabwe might sign on and indict Mugabe at that point. As previously reported in JURIST's Paper Chase, just yesterday another group of bar leaders from Europe, Africa and the Pacific condemned Mugabe for having "subverted" and "profoundly compromised" Zimbabwe's legal and judicial system. Also yesterday, Zimbabwe's parliament passed legislation making it illegal for foreign-funded human rights groups to operate in the coutry, a move which the IBA condemned as showing "utter contempt for human rights" on the eve of International Human Rights Day. Read the IBA press release on its report here, and the full supplement here [PDF]. AP has more.






Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Washington state Supreme Court rejects evidence from mother's eavesdropping
Thomas Bird on December 10, 2004 10:49 AM ET

[JURIST] The Washington state Supreme Court ruled Thursday that a mother who eavesdropped on her daughter's phone conversation over a purse-snatching crime violated Washington's privacy act. The court ruled that eavesdropping violated the act and prevented the introduction of evidence obtained through the activity. AP has more. The Washington Supreme Court's opinion can be found here.






Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Suit against former NYSE chairman Grasso sent back to state court
Thomas Bird on December 10, 2004 10:06 AM ET

[JURIST] The lawsuit filed by New York Attorney General Eliot Spitzer against former New York Stock Exchange chairman Richard Grasso over Grasso's $187.5 million compensation was sent back to state court late Thursday by US District Judge Gerard Lynch. Although Grasso's attorneys argued the lawsuit should be in federal court because the SEC regulates the NYSE, Lynch sent the lawsuit back to state court because no federal statutes are involved and the subject matter involves a violation of New York's non-profit law against excessive executive compensation. AP has more. The complaint filed against Grasso and the NYSE can be found here [PDF].






Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


BREAKING NEWS ~ Bush chooses Sam Bodman as Energy secretary
Thomas Bird on December 10, 2004 9:49 AM ET

[JURIST] AP is reporting that President Bush chose Treasury deputy secretary Sam Bodman as Energy secretary.






Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Ohio General Assembly passes bill capping non-economic damages
Thomas Bird on December 10, 2004 9:39 AM ET

[JURIST] The Ohio General Assembly passed a bill Thursday that caps damages and limits certain types of lawsuits that can be filed. Senate Bill 80 will limit pain-and suffering damages, certain asbestos liability and impose a ten-year statute of limitations on personal injury lawsuits when it becomes law ninety days after it is signed by Gov. Bob Taft. The Ohio Supreme Court previously held caps on awards to be unconstitutional twice before, and the state's democratic legislators likewise expect challenges to this new bill. Cincinnati's The Enquirer has more. The Ohio General Assembly a version of Bill 80 as passed by the House here [PDF].






Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


UN rights chief says response to terror "confused"
Bernard Hibbitts on December 10, 2004 9:18 AM ET

[JURIST] Speaking in Geneva on the eve of International Human Rights Day, UN High Commissioner for Human Rights Louise Arbour said Thursday that the vision set out in the Universal Declaration of Human Rights adopted 56 years ago was now "under considerable strain":

Few of us are free from fear; many of us are still not free from want. The sinister shadow of terrorism is generating a confused response, unanchored in the principles that have guided us in the search for a proper balance between our desire for collective security and our need for liberty and individual freedom.
Citing the situation in the Darfur region of Sudan, Arbour also noted the constant threat to human rights in areas plagued by armed conflict. Read the UNHCHR press release on her remarks here. CBC News has more.





Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


New Zealand recognizes civil unions
Bernard Hibbitts on December 10, 2004 9:04 AM ET

[JURIST] The New Zealand Parliament has approved legislation recognizing same-sex civil unions. The bill, approved Thursday by a vote of 65-55, gives same-sex couples the same rights, entitlements and obligations as married couples and allows them to formally register their relationships under the New Zealand Births, Deaths and Marriages Act. It enters into force April 26, 2005. New Zealand's Associate Justice Minister David Benson-Pope, who presented the legislation, released a statement noting that

Marriage remains something solely available to a man and a woman. Civil unions offer an alternative to those unable to marry, or who do not wish to marry. Civil unions are to be a new relationship option that takes nothing from anyone else, while providing choice to people currently denied such... This Bill takes away nothing, but gives that simplest of things – the formal recognition and respect by our laws for the individual choices of New Zealanders.
From Wellington, TVNZ has more.





Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Marines charge "abducted" corporal with desertion
Bernard Hibbitts on December 10, 2004 8:51 AM ET

[JURIST] The US Marine Corps announced late Thursday that after a five-month investigation it has filed desertion charges against a corporal who disappeared from his Iraq base and who later claimed to have been abducted and held hostage by Iraqi kidnappers. Corporal Wassef Ali Hassoun, an Arabic translator born in Lebanon, went missing June 21, and after appearing blindfolded in a "hostage" video turned himself over to US authorities in Lebanon 10 days later. Read the official Marine Corps press release. Hassoun will be arraigned before an Article 32 hearing, but no date has been publicized. AFP has more.






Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


BREAKING NEWS ~ US soldier pleads guilty to killing wounded Iraqi
Bernard Hibbitts on December 10, 2004 7:55 AM ET

[JURIST] AP is reporting that a US soldier has pleaded guilty to killing a severely wounded Iraqi civilian, according to military sources.

8:07 AM ET - Staff Sgt. Johnny M. Horne Jr., 30, of Winston-Salem, N.C., was charged with murdering the Iraqi August 18 during fighting in Baghdad's Sadr City. He and other soldiers claimed that after they had attempted to save the injured man from a burning truck they decided that the best course of action was simply to "put him out of his misery." Horne is expected to be sentenced later today. A second officer, Second Lt. Erick J. Anderson, has also been charged with premeditated murder in connection with the same incident (see this previous report in JURIST's Paper Chase).

Friday's proceeding is but the latest in a series of investigations and hearings arising out of US killings of wounded Iraqis. Sgt. Michael P. Williams, 25, of Memphis, Tenn., has been charged with murder related to a separate August incident, also in Sadr City; he faced an Article 32 hearing Thursday. AP has more. On Tuesday this week, the US Army said that it would convene a court-martial for Captain Rogelio Maynulet, accused of murdering an Iraqi driver who had been injured by US soldiers during a militia sweep in May. JURIST's Paper Chase has more. The US military is also investigating the case of a US Marine videotaped by a news camera crew in November shooting a wounded, unarmed Iraqi prisoner in a Fallujah mosque who was said to be pretending to be dead. JURIST's Paper Chase has more.






Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page

For more legal news check the Paper Chase Archive...


LATEST OP-ED

The War on Terror and the Need for Muslim Support
DOMESTIC
Faisal Kutty
Valparaiso University Law School

Get JURIST legal news delivered daily to your e-mail!

SYNDICATION

Add Paper Chase legal news to your RSS reader or personalized portal:
  • Add to Google
  • Add to My Yahoo!
  • Subscribe with Bloglines
  • Add to My AOL

E-MAIL

Subscribe to Paper Chase by e-mail. JURIST offers a free once-a-day digest [sample]. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.


R|mail e-mails individual Paper Chase posts through the day. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.

PUBLICATION

Join top US law schools, federal appeals courts, law firms and legal organizations by publishing Paper Chase legal news on your public website or intranet.

JURIST offers a news ticker and preformatted headline boxes updated in real time. Get the code.

Feedroll provides free Paper Chase news boxes with headlines or digests precisely tailored to your website's look and feel, with content updated every 15 minutes. Customize and get the code.

ABOUT

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.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org