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Legal news from Friday, July 8, 2005




Corporations and securities brief ~ SEC unit investigating Deloitte
James Murdock on July 8, 2005 8:28 PM ET

[JURIST] Leading Friday's corporations and securities law news, Big Four [Wikipedia profile] accounting firm Deloitte [corporate website] is under investigation by federal regulators. Bloomberg News is reporting that the Public Company Accounting Oversight Board [official website] accidentally released a private document to the media alleging that Deloitte's work for Navistar [corporate website] did not comply with established accounting standards. The board was established as part of the Sarbanes-Oxley Act of 2002 and is overseen by the SEC. Bloomberg has more.

In other corporations and securities news...

  • Former Disney [corporate website] executive Roy Disney [Wikipedia profile] has dropped all lawsuits against his former company. Mr. Disney had sued the company to have a new board of directors put in place in addition to several other lawsuits against the company in recent years [JURIST report]. Roy Disney will now rejoin the company as a consultant and an emeritus director. Bloomberg has more.

  • Volkswagen's personnel chief Peter Hartz [Wikipedia profile] resigned today in the midst of a criminal investigation into 2 of his former employees. A government investigation into the former employees has lead to allegations that the employees committed fraud while working for Volkswagen. Hartz is considered good friends with German Chancellor Gerhard Shröder [Wikipedia profile] and led a government panel that proposed changes to Germany's labor policy in 2002. Hartz has held his position with Volkswagen since 1993. Volkswagen said in a press release [in German] that it received Hartz's letter and that its board of directors will make a decision on his resignation. Bloomberg has more.





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States brief ~ Nebraska high court rules state cannot regulate groundwater
Rachel Felton on July 8, 2005 5:01 PM ET

[JURIST] Leading Friday's states brief, the Nebraska Supreme Court upheld [decision text] a lower court decision today that found the state's Department of Natural Resources [official website] cannot regulate groundwater unless the legislature confers such authority. Judge John Wright, writing for the majority, stated "The department has no common-law duty to regulate the use of groundwater in order to protect" surface water appropriations. Nebraska law treats groundwater irrigators, which are controlled by area natural resources districts, and surface water irrigators, which are controlled by the state, differently. Spear T. Ranch was granted surface-water rights to Pumpkin Creek in 1954, and sued the state for failing to stop groundwater irrigators. AP has more.

In other state legal news ...

  • A Kentucky circuit judge [state court website] ruled Friday that the state's execution method of lethal injection does not violate the constitutional requirements against cruel and unusual punishment, but did rule that the drugs can not be injected directly into the carotid artery. Franklin Circuit Judge Roger Crittenden wrote, "The plaintiffs have not demonstrated by a preponderance of the evidence that Kentucky's method of execution by lethal injection deviates from contemporary norms and societal standards in capital punishment." Two condemned prisoners challenged the procedure alleging it violated their eighth amendment right to be free from cruel and unusual punishment. Kentucky's Herald-Leader has local coverage.

  • Louisiana Governor Kathleen Blanco [official website] has signed into law a bill that sets forth specific penalties for looting during a declared state of emergency, and a bill that deals with price gouging when a tropical storm or hurricane is threatening the Gulf of Mexico. The first bill [PDF text] changes existing law by setting a mandatory minimum sentence of 3 years in prison and a $50,000 fine for looting during a declared state of emergency. The second bill [PDF text] expands the current prohibition on price gouging during a declared state of emergency to include the prohibition when a tropical storm or hurricane is threatening the Gulf of Mexico. Both bills are to become effective on August 15. Louisiana's Times-Picayune has local coverage.

  • The Alabama Court of Criminal Appeals [official website] Friday upheld the death sentence of a convicted murder, even though the jury recommended life in prison without parole. In an unanimous decision, the appeals court upheld the trial judge's sentence and found it appropriate given the "especially heinous" crime. An attorney for the convicted murder said that Alabama is the only state in the nation that allows an elected judge to override the recommendation of the jury without clearly specified standards. In 2003, the appeals court upheld the capital-murder conviction, but sent the case back to the lower court for a new sentencing order explanation. AP has more.





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G8 leaders call for early agreement on UN anti-terror treaty
Kate Heneroty on July 8, 2005 4:37 PM ET

[JURIST] G8 leaders from Canada, France, Germany, Italy, Japan, the United Kingdom, the United States and Russia issued a final joint statement on counter-terrorism [text] Friday denouncing once again [Thursday G8 statement] Thursday's terror attacks in London, and calling on UN members to reach early agreement on a draft of the Comprehensive Convention on International Terrorism [proposed draft text, PDF]. The leaders also supported the adoption of the International Convention for the Suppression of Acts of Nuclear Terrorism [treaty text, PDF]. They acknowledged, however, that legal suppression of terror had its limits: "Our response must remain proportionate and respect our common democratic values. We must protect individuals while upholding human rights in accordance with international law."






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US opposes unconstitutional ouster of Philippines president suspected of vote fraud
Kate Heneroty on July 8, 2005 3:47 PM ET

[JURIST] The US has vowed to oppose any attempt to remove politically-beleaguered Philippines President Gloria Macapagal Arroyo [official website], dogged by allegations of election fraud [IHT report], unless that is done through a constitutional process. US embassy Charge d'Affaires Joseph Mussomeli said in a Philippines radio interview [transcript] Friday that the US "supports the rule of law" and firmly opposes a military coup, martial law and anything that would weaken institutions of liberty. On Thursday Arroyo asked her entire Cabinet to resign [AP report] in an effort to deflect criticism and clear the political air. She assumed power in 2001 after a peaceful revolution that ousted then-president Joseph Estrada [Wikipedia profile] and was re-elected in 2004. AFP has more.






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Appeals court holds partial-birth abortion ban unconstitutional
Kate Heneroty on July 8, 2005 3:11 PM ET

[JURIST] The US Eighth Circuit Court of Appeals in St. Louis Friday upheld a Nebraska federal district court ruling [JURIST report] in Carhart v. Gonzalez [appeals opinion, PDF] finding the federal Partial Birth Abortion Ban Act [text] unconstitutional because it lacks an exception for the health of the mother. Federal courts in San Francisco [JURIST report] and New York [JURIST report] have already issued similar rulings and the issue is expected to reach the US Supreme Court. In Friday's appeals court opinion, Judge Kermit Bye said, "when ‘substantial medical authority' supports the medical necessity of a procedure in some instances, a health exception is constitutionally required." The Center for Constitutional Rights, which brought the Carhart case in Nebraska, provides background and materials. AP has more.






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Germany extends national terrorism insurance in wake of London attacks
Kate Heneroty on July 8, 2005 2:56 PM ET

[JURIST] The German Finance Ministry [official website, in German] announced Friday it would extend Germany's national terrorism coverage insurance pool for two years past its planned 2005 expiration date. The decision to extend the Extremus Versicherungs AG [official website, in German], enacted in the wake of 9/11, to cover damage to property and business disruption if there were a terrorist attack on Germany, following Thursday's terror attacks in London [JURIST report]. In the United States the Bush administration indicated last week that it was opposed to extending a law supporting terrorism insurance in the US [JURIST report]. Business Week has more.






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Red Brigades members get second life sentences for murdering Italian official
Kate Heneroty on July 8, 2005 2:30 PM ET

[JURIST] Three members of Italy's far-left Red Brigades [Wikipedia backgrounder], who were among five people sentenced Wednesday[JURIST report] to life in prison for the murder of government economic advisor Marco Biagi, were sentenced Friday to another life term for the murder of Massimo D'Antona [EIRO backgrounder], a professor and legal consultant to the Minister of Labour. The murders occurred 3 years apart, but both victims were government advisors who were killed to deter reforms which would introduce greater flexibility to Italy's labor market. Four defendants were acquitted and nine other defendants received sentences ranging from four to ten years in prison. Reuters has more.






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Kyrgyzstan to deport Andijan refugees to Uzbekistan
Kate Heneroty on July 8, 2005 1:58 PM ET

[JURIST] Kyrgyzstan Prosecutor General Azimbek Beknazarov has announced that his government will deport 13 of 29 detained Uzbek refugees accused of participating in a May uprising in in the eastern Uzbek city of Andijan [BBC report], rejecting claims the refugees would face torture in Uzbekistan. Kyrgyzstan is also considering a request to extradite 231 additional refugees currently living in a refugee camp. Kyrgyzstan had previously promised not to extradite the refugees [JURIST report]. Human rights groups had urged the government [HRW press release] not to send the refugees back, and the UN has warned that the expulsions could violate the 1951 Geneva Refugee Convention [text]. AFP has more.






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International brief ~ G8 leaders deplore Zimbabwe evictions, urge respect for rights, law
D. Wes Rist on July 8, 2005 1:45 PM ET

[JURIST] Leading Friday's international brief, G8 leaders ending their two-day summit in Scotland issued a final statement saying that they deplored "recent events" in Zimbabwe that have resulted in hundreds of thousands of individuals being left homeless [JURIST report] due to the destruction of their dwelling places, and urged Zimbabwean authorities to "end this campaign now, address immediately the situation they have created, and respect human rights and the rule of law" [G8 text]. The communique comes a day after the European Parliament [official website] adopted a resolution [official press release; text] condemning Zimbabwean president Robert Mugabe and calling on him to put an immediate stop to all demolitions under "Operation Restore Order". The EP resolution also called on all European Union [official website] governments to close loopholes in current sanctions against Mugabe, curtail any current economic activities with Zimbabwe, and to refrain from deporting any Zimbabwean asylum seekers until the situation stabilizes, and called for tha appointment of a special EU representative to conduct an investigation into Mugabe's actions. Recent reports from Zimbabwe have put the number of individuals affected by the evictions and demolitions at close to 1.5 million persons. JURIST's Paper Chase has continuing coverage of Zimbabwe [JURIST news archive]. The Sudan Tribune has more.

In other international legal news ...

  • Nine different international media advocacy groups, including the United Nations Educational, Scientific, and Cultural Organization (UNESCO) [official website], will meet with governmental and military officials as well as their national counterparts in Nepal from July 10 to July 16 to discuss the status of the rights of freedom of expression and an independent media in the country. Nepali journalists have been under incredibly tight restrictions [Kantipur Online report] since the assumption of power by the monarchy [JURIST report] on 1 February. Demonstrations and protests have also been severely curtailed, with entire areas of the capital city of Kathmandu banned as sites for rallies. A steady stream of journalists and rights advocates have been arrested and detained since the decrees were issued. The stated goal of the talks is to emphasize the importance of freedom of expression and media rights to governmental officials. JURIST's Paper Chase has continuing coverage of Nepal [JURIST news archive]. Kantipur Online has local coverage.

  • As part of the January Peace Accords [JURIST report], former rebel leader John Garang [Wikipedia profile] returned to Khartoum, the capital city of Sudan [government website], on Friday for the first time in 21 years. Garang is set to be inaugurated as a vice-president on Saturday in the new transitional Sudanese government, which will be operating under the recently approved [JURIST report] transitional constitution. Garang, a leader in the former rebel group Sudan People's Liberation Army/Movement [party website], will be the highest ever ranking official in the Sudanese government that came from the southern province or claims to be Christian, instead of Muslim, and will be an equal member of the cabinet of curent Sudanese President President Omar Hassan al-Bashir [Wikipedia profile], who is to be inaugurated as Interime President. JURIST's Paper Chase has continuing coverage of Sudan. The Sudan Tribune has local coverage.





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Guantanamo review board approves release of four detainees
Kate Heneroty on July 8, 2005 1:29 PM ET

[JURIST] The Pentagon announced Friday that four detainees being held at Guantanamo Bay [JURIST news archive] are to be released after Combatant Status Review Tribunal [State Dept. press release] determination that they no longer pose a threat. No details about the detainees were provided. The quasi-judicial tribunal, set by the US Defense Department to address concerns over indefinite detentions [JURIST report], reviews inmate files at least once a year and decides whether detainees should be released, transferred to the detainee's home government, or remain in US custody. The panel considers input from detainees' family and home country, but no legal representation is permitted. Several dozen other prisoners currently being held at the base are similarly slated for release, but some are being held because US officials fear they will be mistreated if returned home [JURIST report]. AP has more.






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Italy to begin removing troops from Iraq in September
Kate Heneroty on July 8, 2005 1:03 PM ET

[JURIST] Italian Prime Minister Silvio Berlusconi [Wikipedia profile] announced Friday at the G8 summit that his country will begin withdrawing 300 of its 3,000 troops from Iraq as early as September, depending on security conditions. The announcement comes amid concerns of increased tension between the US and Italy following the accidental March killing of an Italian agent [JURIST report] by American soldiers in Iraq after a hostage-taking and the issuance of Italian arrest warrants [JURIST report] for 13 purported CIA operatives accused of kidnapping an Egyptian cleric off the street in Milan. Italian Reforms Minster Roberto Calderoli said, "it's evident that after New York, Madrid and London, Italy represents the most probable next objective of the terrorists...The time has come to begin to think also about our house, and to use the same resources currently committed in Iraq to prevent and combat possible attacks on our territory." AP has more.






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UK expected to rush new anti-terror measures into law after bombings
David Shucosky on July 8, 2005 12:56 PM ET

[JURIST] Ministers are expected to rush into law new measures to arrest and detain terrorism suspects in the UK after Thursday's bombings in London [JURIST report], according to British press reports Friday. A draft counter-terrorism bill [House of Commons website] designed to create new offenses related to planning terrorist attacks and a controversial ID card bill [JURIST report] already before Parliament now seem likely to be approved. Lawyers and civil rights groups are urging caution, however, pointing to the "political and legal disaster" caused by laws targeting the IRA in the 70s and 80s and perhaps bearing in mind US experience with the Patriot Act, brought in in the immediate aftermath of 9/11. The Independent has more.






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Close vote expected in Luxembourg EU constitution referendum Sunday
David Shucosky on July 8, 2005 12:03 PM ET

[JURIST] Despite earlier indications that it would be approved [Deutsche Welle report], observers now aren't sure which way Luxembourg will vote on the EU Constitution [JURIST news archive] in this Sunday's national referendum [official website, in French]. Other countries have postponed similar votes [JURIST report] and the ratification deadline was extended to at least 2007 [JURIST report] after the pact failed in France and the Netherlands, but Luxembourg announced it would hold its referendum as scheduled [JURIST report]. Luxembourg Prime Minister Jean-Claude Juncker [official website] held the rotating 6-month EU presidency that just ended June 30 [Luxembourg EU Presidency website] and has promised to resign [EU Business report] if his country votes No. As France's rejection of the treaty was seen as a vote against President Jacques Chirac rather than the treaty itself, Juncker is hoping his personal popularity will carry the treaty to approval. EUobserver has more.






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New anti-terrorism law called for in India after attack on religious site
Krista-Ann Staley on July 8, 2005 10:29 AM ET

[JURIST] Indian opposition leader Lal Krishna Advani [BBC profile] criticized the Indian government Friday for repealing the Prevention of Terrorism Act (POTA) [text], saying that such legislation was necessary to prevent incidents like a Tuesday attack on a religious site in northern India [BBC report] that is disputed between Hindus and Muslims [BBC backgrounder]. In a move that was welcomed by human rights groups [Human Rights Watch press release], the Indian Parliament last year approved the repeal of the bill [The Hindu report], which had been adopted soon after 9/11 and had broadened the scope of the death penalty and the state's ability to detain and interrogate suspects. Responding for the Indian government, Union Home Minister Shivraj Patil [Wikipedia profile] stated "We do not want a draconian law like POTA. On the other hand, we are clear that terrorist activities also have to be curbed, controlled and contained. We have to strike a balance." According to Advani, "A special law is required to deal with terrorism" and "The only country where the government has removed [such a law] is India." BBC News has more.






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No deportation of Rwanda war crimes suspect from Canada unless death penalty waived
David Shucosky on July 8, 2005 10:05 AM ET

[JURIST] Despite a Supreme Court of Canada [official website] order [text] that Rwandan Leon Mugesera [CTV profile] should be deported amidst accusations of inciting genocide [JURIST report] in his home country, Canadian Justice Minister Irwin Cotler [official profile] said Friday that Mugesera will not be extradited unless Canada receives binding promises that he would not face the death penalty if convicted. Rwanda had indicated willingness to do so, but no formal proposal has yet been made. If Rwanda doesn't make the offer, Mugesera could appeal again to stay in Canada, which abolished the death penalty in 1976 [Amnesty International Canada backgrounder]. AP has more.






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Army Surgeon General reports no systemic medical abuse of detainees
David Shucosky on July 8, 2005 9:50 AM ET

[JURIST] Following up on previous Pentagon denials of abuse [JURIST report], US Army Surgeon General Lieutenant General Kevin C. Kiley, M.D. [official profile] Thursday presented a "comprehensive assessment" of actions and procedures by medical personnel at Guantanamo [JURIST news archive] and in Iraq and Afghanistan, telling reporters at a Pentagon news briefing [transcript]:

...the majority of medical personnel interviewed did not observe any abuse, and with few exceptions, those medical personnel who did observe suspected abuse reported it. The assessment team referred unreported, suspected cases of abuse to CID or to the chain of command. We found no evidence of systemic problems in detainee medical care. We also found that although initial policies for detainee medical support were inadequate, medical care received by detainees was good. Initial training was limited, and generation of detainee medical records was inconsistent.
Pressed by reporters, Kiley nonetheless acknowledged that
There were some cases where medical personnel were observed, in their care for detainees, that was not in concert [sic] with our standards for health care; specifically, the possibility of dropping a stretcher a little too roughly, or withholding pain medication until the very last second, as examples of the level of perceived abuse. On-the-spot corrections were made to those within the medical facilities and the chain of command.
Another DOD spokesperson opened the briefing by saying the military had "reinforced" and "revised" appropriate policies and procedures. AP has more.





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IAEA members vote to toughen treaty standards for protection of nuke materials
David Shucosky on July 8, 2005 9:37 AM ET

[JURIST] Eighty-nine member nations of the International Atomic Energy Agency (IAEA) [official website] voted Friday to adopt recommended changes [press release] to toughen standards of the Convention on the Physical Protection of Nuclear Material [summary and text] at a special conference [website] in Vienna. The treaty governs the transport, domestic storage and peaceful use of nuclear material; the new rules will go into effect once the amendments are ratified by two-thirds of 112 member nations of the IAEA. Iran, Georgia, and Kazakhstan, countries at the center of nuclear controversies, are not members. Reuters has more.






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German youth gets 21-month suspended sentence for Sasser computer worm
David Shucosky on July 8, 2005 9:19 AM ET

[JURIST] Sven Jaschan, a 19-year-old German, was given a 21-month suspended sentence Friday after being convicted by a German court of computer sabotage and illegally altering data for authoring the Sasser computer worm [Wikipedia backgrounder]. Jaschan escaped jail time because he was only 17 when he wrote the worm. Earlier, he had admitted in court [JURIST report] to creating it. A spokesman for a German anti-virus company said organized gangs that plan targeted attacks are the true threats deserving harsh sentences, not "dumb teenagers". BBC News has more.






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Federal judge rejects injunction against Florida parental consent law
Krista-Ann Staley on July 8, 2005 9:02 AM ET

[JURIST] US District Judge William Stafford rejected an injunction against Florida's new parental consent abortion law Thursday. According to the judge, opponents of the state's Parental Notice of Abortion Act [text], which took effect June 30, failed to show they had a good chance of winning a constitutional case against the legislation. Pro-choice advocates filed the federal suit [JURIST report] against the state last month, claiming the law's parental consent requirements can delay emergency treatment to girls. The state maintains, however, that the law takes such situations into consideration. AP has more.






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Lynndie England to plead not guilty in Abu Ghraib trial
Krista-Ann Staley on July 8, 2005 8:43 AM ET

[JURIST] Attorneys for US Army Pfc. Lynndie England [JURIST news archive; Wikipedia profile] announced Thursday she will plead not guilty in her upcoming court-martial. The trial will reopen later this summer with the Army maintaining most of the charges from the original trial in which Judge Col. James Pohl threw out her guilty plea [JURIST report]. Earlier Thursday Pohl had refused to step down [JURIST report] from the new proceeding as requested by England's lawyers. The Washington Post has more.






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Police say death toll in London bombings tops 50; investigation continues
Bernard Hibbitts on July 8, 2005 8:42 AM ET

[JURIST] London Metropolitan Police [official website] Commissioner Sir Ian Blair said Friday that the confirmed death toll from the Thursday bomb attacks in the British capital [JURIST report] had risen to "at least 50" and would go up as more bodies were recovered from damaged cars in the subway system, but that it was not likely to go beyond 100. The London police service is maintaining an updated webpage of announcements and information about the blasts that also wounded more than 700 persons. Meanwhile UK Home Secretary Charles Clarke said in a BBC radio interview [recorded audio] Friday that investigations continued urgently, although he admitted that finding the perpetrators was like looking for "needles in a very large haystack." He also said that the UK government would be pressing on with legislation to establish a system of national ID cards [Home Office backgrounder], although he said he doubted that such a scheme, had it been in place already, would have stopped the bombings.

11:54 AM ET - London Mayor Ken Livingstone has announced [press statement] the launch of a London Bombings Relief Fund in conjunction with the British Red Cross [donations website].

Previously in JURIST's Paper Chase:






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Florida closes Schiavo case after finding no criminal wrongdoing
Krista-Ann Staley on July 8, 2005 8:06 AM ET

[JURIST] Florida State Attorney Bernie McCabe announced Thursday that he had found no evidence of criminal wrongdoing with respect to the collapse of Terri Schiavo [JURIST news archive] 15 years ago. Following Schiavo's autopsy [JURIST report] last month, Govenor Jeb Bush asked McCabe to investigate [St Petersburg Times report] what he suspected as an unexplained 40 to 70 minute gap between her collapse and her husband's 911 call. The autopsy supported findings that the loss of oxygen following her collapse caused severe brain damage. Following their research, reviewers concluded "It is obvious to use that there is no possibility of proving that anyone's criminal act was responsible for Mrs. Schiavo's collapse." According to a Bush spokesman, "This is the end of the state's involvement in the case." The Orlando Sentinel has more.






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