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Legal news from Thursday, July 21, 2005




Corporations and securities brief ~ NYSE submits merger filing, will be publicly traded
James Murdock on July 21, 2005 11:29 PM ET

[JURIST] Leading Thursday's corporations and securities law news, the New York Stock Exchange [corporate website] (NYSE) has informed the SEC of its intentions to merge with electronic exchange unit Archipelago [corporate website] and form a publicly traded company. In a preliminary filing [PDF file] with the SEC, the companies said that current seat-owners on the exchange will control 70% of the new entity. In a press release, the NYSE said shareholders of both companies will vote on the proposed merger later this year. USA Today has more,

In other corporations and securities law news...

  • A Bloomberg report says that President Bush's new energy bill will call for gas companies to provide $3-4 billion towards cleaning up MTBE [Wikipedia entry]. The provision is seen as a compromise between gas companies that would also receive immunity from litigation over MTBE and senators from the states most affected by MTBE contamination who have opposed immunity for the companies.





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Scrushy asks court to drop SEC suit against him
Holly Manges Jones on July 21, 2005 8:39 PM ET

[JURIST] Former CEO of HealthSouth Corp. [corporate website] Richard Scrushy [official website] petitioned a judge Thursday to terminate the Securities and Exchange Commission (SEC) [official website] civil suit against him for corporate fraud charges since he was acquitted of criminal charges [JURIST report] last month. Scrushy's lawyers said in his brief to the court, "After being pursued for years by all the king's horses and all the king's men, he stands before this court having been acquitted of all charges against him." The civil suit [complaint] was filed against Scrushy in 2003 for $785 million to cover fines and pay back shareholders and also requests that the former CEO never be allowed to serve as any publicly held company's officer or director. AP has more.






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Gitmo prisoners protest detentions with hunger strike
Holly Manges Jones on July 21, 2005 8:02 PM ET

[JURIST] Fifty-two detainees at the Guantanamo Bay prison camp are protesting their detentions and allegedly inhumane treatment by refusing meals, according to a statement released Thursday by the naval base's Joint Task Force [official website]. The prisoners have so far given up nine consecutive meals, but US military officials said "indications are that this is a temporary effort" to protest their detentions. The number of hunger strikers is much less than that reported by two Afghan detainees [JURIST report] released Wednesday, who said over 180 prisoners were refusing to eat. The Center for Constitutional Rights (CCR) [official website] confirmed the strike [CCR report] saying the prisoners' demands include clean food and water, increased respect for their religion, and fair trials with adequate legal representation. Aljazeera has more.






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London police arrest two men in bus, subway attacks
Holly Manges Jones on July 21, 2005 7:00 PM ET

[JURIST] London police arrested two men Thursday as suspects in the noon hour attacks on a bus and three subway trains [JURIST report]. Officials said one of the men was arrested near the home of Prime Minister Tony Blair [official profile], while the other was detained close to the Warren Street station where one of the attacks occurred. Police said it is unclear whether the attackers are part of al-Qaida or if they are connected to the four men who carried out the July 7 London bombings [JURIST report]. AP has more.






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Saddam questions limited access to lawyer
Holly Manges Jones on July 21, 2005 6:59 PM ET

[JURIST] Saddam Hussein on Thursday questioned why he only has access to his lawyer during interrogation sessions before judges investigating the charges against him. In a new released videotape of Saddam, he asked Judge Munir Haddad, "The lawyer only sees his client when there is an investigation session. Is this the law?" Saddam also voiced his frustrations in not being greeted by the judges, and called his detention by the Iraqi government at a US military base "a joke, since the Americans were the ones with the power." The first criminal charge was filed [JURIST report] against the former dictator Sunday by the Iraqi Special Tribunal [official website] and 13 more are expected to follow. No trial date has yet been scheduled [JURIST report]. AP has more.






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British police call for new powers to combat terrorism
Jamie Sterling on July 21, 2005 3:54 PM ET

[JURIST] After another four explosions in the UK Thursday [JURIST report], the Association of Chief Police Officers (ACPO) [official website] in Britain immediately expressed the need for new and broader powers to deal with terrorism [press release], such as the ability to hold a terror suspect up to three months without charge. The ACPO's recommendations are even broader than the anti-terrorism proposals [JURIST report] that UK Home Office Minister Hazel Blears [official website] announced last week in the wake of the July 7 London bombing [JURIST report]. Reuters has more.






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States brief ~ SD Supreme Court rules alimony does not automatically terminate at remarriage
Rachel Felton on July 21, 2005 3:24 PM ET

[JURIST] Leading Thursday's states brief, the South Dakota Supreme Court unanimously ruled [text] today that remarriage does not automatically terminate alimony payments, but recipients must show there is a good cause to continue the payments. Justice Judith Meierhenry wrote, "Absent a showing of extraordinary circumstances, [the wife's] alimony should have ceased" upon her remarriage. The court also noted, in overturning the decision of a lower court, that the divorce agreement did not expressly state alimony was to continue upon remarriage. AP has more.

In other state legal news ...

  • New York City's Department of Consumer Affairs has filed a lawsuit [DCA press release] against Nextel Communications Inc., Sprint Spectrum LP., and T-Mobile USA Inc. [corporate website], alleging the use of deceptive advertising to sell wireless services and equipment. The lawsuit was filed in Manhattan's State Supreme Court and will seek $500 in civil penalties for each customer violation. Department of Consumer Affairs [official website] deputy commissioner and attorney, Susan Kassapian, said the agency also prepared deceptive advertising claims against AT&T Wireless, Verizon Wireless [company website] and Cingular Wireless, but those companies settled and agreed to comply with consumer protection laws. She also said that the attorney generals of 32 states recently reached an agreement with wireless companies over their advertising practices. AP has more.

  • Michigan Governor Jennifer Granholm has signed legislation [press release] that prohibits anyone under the age of 18 from buying products with pseudoephedrine or ephedrine as the sole active ingredient, and limits adult purchases to 48 tablets or capsules per transaction. The laws, SB 189 [PDF text] and HB 4322 [PDF text], also require retailers to place over the counter medications that contain either pseudoephedrine or ephedrine behind the counter, or in a locked case, or to attach anti-theft devices to the product. The law is intended to crack down on methamphetamine production and takes effect in December. AP has more.





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UN claims Uganda supports new Congo rebel force
Jamie Sterling on July 21, 2005 2:41 PM ET

[JURIST] An official for the UN Mission in Democratic Republic of the Congo [official website] accused neighboring Uganda on Thursday of harboring Congolese guerrilla fighters and violating a UN Security Council resolution [UN press release]. Uganda denied allegations that Congolese rebels were using their land to build a new political movement, but the UN has seized a document identifying a new rebel "political military" force, called the Congolese Revolutionary Movement (MRC). Under the Security Council resolution, Uganda must prevent arms trafficking to militia fighters and turn over suspected war criminals. Reuters has more.






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Iran to sue recently pardoned Lebanese militia leader
Jamie Sterling on July 21, 2005 2:11 PM ET

[JURIST] Iranian diplomats revealed plans on Thursday to file a lawsuit against anti-Syrian militia leader Samir Geagea [Lebanese forces profile] for the kidnapping of four Iranian diplomats from Beirut who were subsequently delivered to Israel by the Christian Lebanese Forces in 1982. Geagea, recently pardoned [JURIST report] by the Lebanese Parliament [official website] is expected to be released from jail after serving an 11 year term for war crimes, including a bombing that led to the death of the prime minister, during the Lebanese civil war. AP has more.






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At least 50 Filipino lawmakers support Arroyo impeachment
Jamie Sterling on July 21, 2005 1:50 PM ET

[JURIST] Opposition lawmakers said Thursday that they have the support of over 50 Filipino lawmakers for the expected impeachment complaint [JURIST report] against current President Gloria Macapagal Arroyo [official website]. The impeachment complaint, which is likely to be formally filed Monday, must contain at least 79 votes from the 236-member House in order to proceed to a Senate hearing. Oppositional lawmakers say that Arroyo, who is suspected of vote rigging [JURIST report] in the past election and whose family has alleged ties to illegal gambling businesses, will face five impeachable charges including betrayal of public trust, graft and corruption. Xinhua has more; for local coverage, the Philippine Daily Inquirer has more.






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US blocks assets of Saddam's nephews
David Shucosky on July 21, 2005 12:35 PM ET

[JURIST] The US Department of the Treasury [official website] announced on Thursday that they have frozen the assets of six nephews of Saddam Hussein [press release] to help end support for terrorists and insurgents in Iraq. "This action targets the money flows of former regime elements actively supporting attacks against Coalition forces and the Iraqi people," said Stuart Levey [official profile], the Treasury's Under Secretary for Terrorism and Financial Intelligence. The US has also given the names and information of the six men to the UN so that other countries can seize assets in foreign banks as well. Reuters has more.






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International brief ~ African Nobel laureates call for AU sanctions against Mugabe
D. Wes Rist on July 21, 2005 12:30 PM ET

[JURIST] Leading Thursday's international brief, two of Africa's most prominent Nobel laureates have called for the African Union [official website] to impose sanctions against Zimbabwean President Robert Mugabe [Wikipedia profile] for his continued program of mass evictions in Operation Murambatsvina [Wikipedia backgrounder]. Nobel laureates Wole Soyinka and Wangari Maathai [Nobel profiles] both condemned Mugabe's actions as a "disgrace" to the continent of Africa, and Soyinka lamented Mugabe's transformation from "great revolutionary and freedom fighter" into a "rogue leader" and "monster." Both laureates called for African leaders to take a stand on the issue and warned that silence equalled complicity in Mugabe's actions, arguing that for the world to take the African Union seriously, it must be willing to deal with one of its own who has violated the human rights of his people so aggreviously. JURIST's Paper Chase has continuing coverage of Zimbabwe [JURIST news archive]. ZimOnline has local coverage.

In other international legal news ...

  • The first suspect to reach trial in the 2004 bombing of the Australian Embassy in Jakarta, Indonesia [government website], Irun Hidayat, was sentenced to three and a half years incarceration on Thursday for aiding and assisting the perpetrators of the bombing. Hidayat was cleared of the more serious charge of helping the perpetrators plan the bombing, a charge which, under Indonesia's anti-terrorism laws carries the death penalty. Hidayat, as well as the five other individuals currently charged by police [JURIST report] with perpetrating the attack, are believed to be members of the regional terrorist organization Jamaah Islamiyah [MIPT profile]. JURIST's Paper Chase has continuing coverage of Indonesia [JURIST news archive]. The Jakarta Post has local coverage.

  • In compliance with UN Security Council Resolution 1591 [official PDF text], a panel of experts has been dispatched to the Darfur region of Sudan [government website] to monitor the Resolution's provisions creating sanctions prohibiting the importation of arms into the war-torn province. The experts, who met with a supervisory committee created by the same resolution, will spend 90 days in Darfur and will report back to the committee on the Sudan government's compliance with the Resolution. UN and AU peacekeepers have been dispatched to the Darfur region, and part of the goal of the sanctions is to ensure the safety of those peacekeepers. JURIST's Paper Chase has continuing coverage of Darfur [JURIST news archive]. The Sudan Tribune has local coverage.

  • Russian President Vladimir Putin [official profile] opened the first meeting of the Presidential Council on Promotion of Civil Society and Human Rights Institutions on Wednesday since he combined the previous Council with the Russian Human Rights Commission and raised both of them to advisory level in November, 2004. The Council is comprised of leading experts and advocates of human and civil rights in Russia [government website in Russian] and advises the president on the current status of those rights in Russia and abroad. The Council also has the authority to undertake discretionary reviews of draft legislation before the Russian legislature for compliance with human rights obligations, as well as developing methods for encouraging cooperation between the Russian government and NGOs and advocacy groups within Russia. JURIST's Paper Chase has continuing coverage of Russia [JURIST news report]. Itar-Tass has local coverage.





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UN joins rights group in criticizing new security measures in Thailand
David Shucosky on July 21, 2005 12:24 PM ET

[JURIST] The UN Human Rights Committee [official website] joined Thailand's National Human Rights Commission [official website] in opposing new security powers [JURIST report] given to Prime Minister Thaksin Shinawatra [profile]. A cabinet decree now allows the government to impose curfews, censor news, ban public gatherings, tap phones, and hold suspects without bringing charges. Christine Chanet, chair of the UN Human Rights Committee, said the law is "absolutely not in conformity" with the International Covenant on Civil and Political Rights [text], a cornerstone of international human rights law. Reuters has more.






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Justice Department launches sex offender registry
David Shucosky on July 21, 2005 11:09 AM ET

[JURIST] The US Department of Justice [official website] launched a national online registry of sex offenders [official website] on Wednesday, compiling individual state databases into one location. The registry, which provides photographs and information such as how close offenders are to schools, enables the public to track the locations of thousands of sex offenders across the country over the internet. Courts recently rejected challenges in Massachusetts, California, and Michigan [JURIST reports] that such databases were unconstitutional. Data from 22 states is currently available, with the rest expected to be added by the end of the year. USA Today has more.






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Blair urges people to "react calmly" to four incidents in London
Tom Henry on July 21, 2005 11:08 AM ET

[JURIST] Prime Minister Tony Blair gave a statement Thursday [transcript] at 10 Downing Street after a series of four incidents saying "We have to react calmly and continue with our business. We know why these things are done - they are done to scare people and make them feel worried." Sir Ian Blair [official profile], London Metropolitan Police Commissioner, said earlier Thursday, "We know that we have four explosions, four attempts at explosions, and it's still pretty unclear as to what's happened." The events took place at three underground areas and on a double-decker bus; Warren Street, Oval, and Shepherds Bush, and on a bus headed from Waterloo to Hackney.

For more official information as the situation develops:

UK goverment emergency page
London Metropolitan Police news page
London Transport news
10 Downing Street
UK Home Office
UK Resilience
Mayor of London
London Prepared
London Strategic Emergency Plan
Royal London Hospital

11:40 AM ET - AP is reporting only one injury and no fatalities in the explosions Thursday that bear many similarities to the July 7 bombings two weeks earlier [JURIST report]. AP has more.

1:52 PM ET - Reuters is reporting that there may be some unexploded devices on London's transport system. Metropolitan Police Commissioner Ian Blair has said that "there is obviously forensic material at these scenes which may be very helpful to us." Reuters has more.






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British-held terrorism suspect alleges rights violation over lack of trial
David Shucosky on July 21, 2005 10:44 AM ET

[JURIST] Lawyers for a man with both British and Iraqi citizenship argued before the London High Court Wednesday that his nine-month detention without charge is a rights violation [Amnesty International press release]. Hilal Abdul-Razzaq Ali al-Jedda was detained by US forces and handed over the British troops in October on suspicion of belonging to a terrorist group that smuggles weapons and explosives. The British Ministry of Defence [official website] says there is not enough evidence to charge him, so he has been held without trial [AP report]. A judgment on his status is not expected until next month. The Guardian has more.






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Oregon House passes bill to require prescriptions for cold medications used to make methamphetamine
David Shucosky on July 21, 2005 10:23 AM ET

[JURIST] The Oregon House of Representatives [official website] voted 55-4 on Wednesday [press release] to require a prescription for cold medications that contain pseudoephdrine, a nasal decongestant that is used by drug dealers to make meth. The measure is expected to pass the Senate and is supported by Gov. Ted Kulongoski [official website; press release]. Although Oregon joins other states in limiting quantities, requiring ID for purchase, and limiting sales of the drugs to pharmacies, they would be the first state to require prescriptions if the bill becomes law. Some drug companies are running ads to oppose the bill and are preparing substitutes if it passes, fearing that consumers won't bother to see a doctor for a mere cold. AP has more.






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US House debates Patriot Act extension, vote expected Friday
David Shucosky on July 21, 2005 10:12 AM ET

[JURIST] The US House of Representatives will debate its version of a bill Thursday to extend the Patriot Act [text], which after months of debate has seen 20 amendments adopted and 47 proposed [JURIST report]. The final version of the bill [JURIST report] to be voted on does not, however, contain proposed amendments that would end the government's investigative powers at libraries and bookstores, or amendments that would renew certain powers for four years instead of 10, as in the final version of the bill. The US Senate is currently debating its own bill [JURIST report] regarding the extension of the Patriot Act. The New York Times has more.






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Swiss say UN sanctions may violate human rights
Tom Henry on July 21, 2005 9:53 AM ET

[JURIST] Swiss ambassador to the United Nations, Peter Maurer told the UN Security Council's counter-terrorism committee on Wednesday [PDF Swiss statement] that Switzerland believed that although targeted economic and travel sanctions against individuals were useful in countering terrorism, the scope of such sanctions must be more carefully defined. Maurer outlined ways for the sanctions to be both effective and humane through the application of strict and transparent factual requirements for listing, notification of placement on a sanctions list with limits on the duration of such placement, and providing the right to appeal. US representative Nicholas Rostow took a different position [US statement], calling for the strengthening of sanctions against known terror networks and saying that countries countering terrorism must accept the "burden" of the fight. Swissinfo has more.






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Rumsfeld warns Iraq against limiting women's rights
David Shucosky on July 21, 2005 9:38 AM ET

[JURIST] During a press briefing on Wednesday, US Secretary of Defense Donald Rumsfeld [official profile] said Iraq would be making a "terrible mistake" [DoD transcript] if it severely limited women's rights, as hinted by a leaked draft of their new constitution [JURIST report]. In the document, Iraqi women would be severely restricted in personal matters such as marriage, divorce, and inheritances. The requirement for 25% representation by women in parliament would seemingly also be scrapped. American and Iraqi officials have said that there are several working drafts, and none have been finalized for approval. The White House National Security Council, unsure of the document's authenticity, declined to comment. Reuters has more.






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Prosecutors want to reopen Milosevic case to present more evidence
David Shucosky on July 21, 2005 8:25 AM ET

[JURIST] Prosecutors at the International Criminal Tribunal for the Former Yugoslavia [official website, JURIST news archive] want to reopen their case against former Yugloslav President Slobodan Milosevic [JURIST news archive] to present new evidence, including a video of the Srebrenica killings [JURIST report] that has resulted in several arrests [JURIST report]. The defense has denied allegations about Srebrenica [JURIST report], and while the video was shown on cross-examination, it cannot be used as evidence against Milosevic unless the prosecution's case is reopened. Prosecutors said their request would add six hearing days to a trial that has seen numerous delays, largely because of Milosevic's health problems [JURIST report]. Reuters has more.






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UK negotiating new deportation policy with Jordan
David Shucosky on July 21, 2005 8:10 AM ET

[JURIST] Britain began negotiations with Jordan on Wednesday regarding the deportation of anyone who condones or incites terrorism, a new policy recommended after the London bombings [JURIST report]. Prime Minister Tony Blair spoke of a need to keep such individuals out [JURIST report], and expel ones currently living in the UK. Previously, human rights laws prevented such deportations and England wants guarantees from Jordan that anyone deported will not be tortured or face the death penalty. One of the first people expected to be deported is extremist cleric Abu Qatada [The Scotsman report], suspected for years as being a key player in the al-Qaeda network. Plans for deportation deals between the UK and other nations are in the works. Reuters has more.






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Sunni Arabs continue constitution committee boycott
Tom Henry on July 21, 2005 7:58 AM ET

[JURIST] Following the deaths by gunfire of two prominent Sunnis [JURIST report] involved in the constitution drafting process earlier this week, Sunni Arabs decided Thursday to continue boycotting the drafting committee, putting in jeopardy the August deadline set for the constitution's completion [JURIST report]. Sunni committee member Kamal Hamdoun said the boycott would continue pending an international investigation into the Tuesday killings and until a greater role for Sunnis in drafting the constitution is provided. Hamdoun also called for the withdrawal of a statement by committee chairman Humam Hammoudi [JURIST report] made Wednesday, setting the completion date for the final draft for the end of July. AP has more.






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