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Legal news from Wednesday, September 14, 2005




Texas executes first black woman for 1987 killings
Chris Buell on September 14, 2005 8:44 PM ET

[JURIST] Frances Newton [Amnesty International backgrounder] was executed by lethal injection late Wednesday at Huntsville prison in Texas for fatally shooting her husband and two children in 1987, making her the first black woman executed by the state since it took over executions from counties in 1923. Several dozen protestors were present outside the prison at the time of her execution, but the number was much lower than that at 1998 demonstrations for Karla Faye Tucker [Wikipedia profile], the first woman executed in Texas. Supporters of Newton had campaigned [JURIST report] over the past several years to halt her execution, successfully obtaining a stay [JURIST report] from Gov. Rick Perry in December 2004. Attorneys for Newton requested a further 30-day stay [Houston Chronicle report] from Gov. Perry earlier this week, but were unsuccessful. Newton was convicted of killing her husband and children in 1987 to collect $100,000 in insurance. AP has more.






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Bosnian tribunal opens first war crimes trial
Chris Buell on September 14, 2005 8:23 PM ET

[JURIST] A Bosnian court created to ease the caseload of the International Criminal Tribunal for the former Yugoslavia [official website; JURIST news archive] opened its first trial Wednesday against war crimes suspect Boban Simsic, a member of a Serb paramilitary group that served under Milan Lukic [ICTY case backgrounder]. Simsic surrendered to EU peacekeepers in January, and tribunal President Medizda Kresco called the opening of his trial a "historic moment." The trial is set to resume again on October 13, when witnesses will begin to testify. The Bosnian court opened in March of this year [JURIST report] and expects to have numerous cases transferred to it [JURIST report] from the ICTY, which is to complete its work by 2010 despite a docket still 50 suspects long. AFP has more.






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More election law violation charges laid against DeLay associates
Chris Buell on September 14, 2005 8:03 PM ET

[JURIST] Two men implicated in the growing scandal surrounding Texas Republican campaign groups associated with US House Majority Leader Tom DeLay [official website] have been charged with two additional felonies for violations in the 2002 election. Americans for a Republican Majority head Jim Ellis and John Colyandro, former executive director of Texans for a Republican Majority [Wikipedia profile], were both charged Tuesday with violating Texas election law and criminal conspiracy to violate the election law in addition to charges of money laundering. The indictment against the two is the seventh issued this month [JURIST report] by a Travis County grand jury investigating corporate campaign contributions to Texas Republicans. AP has more.






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Japan high court rules law restricting overseas voting unconstitutional
Holly Manges Jones on September 14, 2005 7:38 PM ET

[JURIST] The Grand Bench (en banc panel) of the Supreme Court of Japan [official website, English version] ruled Wednesday that a clause of the country's Public Offices Election Law restricting the voting rights of Japanese nationals living abroad is unconstitutional. The court determined that the legislature was negligent in passing the mesaure and ordered the Japanese government to pay 60,000 yen ($544 US) to the 15 plaintiffs bringing the suit for not being permitted to vote in the October 1996 general election. Under the ruling, the Japanese legislature is required to revise the law prior the next election. The decision marks the first time that the high court has found Japanese legislature to be negligent. From Japan, Mainichi Daily News has local coverage.






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Roberts completes third day of testimony as hearings move toward confirmation
Chris Buell on September 14, 2005 7:33 PM ET

[JURIST] US Chief Justice nominee John Roberts [Wikipedia profile; JURIST news archive] wrapped up a third day of confirmation hearings before the Senate Judiciary Committee [official website] Wednesday marked by more jousting with Democratic senators and strong support from Republicans. As time went on, it appeared increasingly likely that Roberts would be approved by the Committee and confirmed by the full Senate in time for the opening of the Supreme Court's 2005-2006 term in October. Committee Democrats continued to press Roberts to elaborate his views on subjects such as civil rights and the right to privacy, while Roberts presented measured responses. Sen. Charles Schumer, D-NY, said Roberts had altered one response from Tuesday, when he said he agreed that a right to privacy existed under the Constitution. Schumer made the comment after he asked Roberts if he disagreed with Justice Clarence Thomas [Oyez profile], who does not acknowledge such a right, and Roberts said he did not. Although Democrats charged Roberts with not answering questions throughout the hearings, Committee chairman Sen. Arlen Specter, R-PA, who himself appeared frustrated with a non-responsive Roberts at one point in the morning session, said the nominee has "answered more questions than most." View a transcript of Wednesday's hearing. The hearings continue at 9 AM ET Thursday, with Roberts taking some final questions from Senators before the committee begins hearing testimony from various witnesses [witness list] other than Roberts. AP has more.






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Delta, Northwest airlines file for Chapter 11 bankruptcy protection
Chris Buell on September 14, 2005 7:09 PM ET

[JURIST] Delta Airlines [corporate website] and Northwest Airlines [corporate website], the third and fourth largest US air carriers, both filed for Chapter 11 bankruptcy protection [SEC backgrounder] Wednesday. The filings highlighted the financial distress of the airline industry, particularly after spiking oil prices in Hurricane Katrina's wake, and the two airlines are expected to use bankruptcy protection to cut labor and pension costs. Analysts said both companies needed to complete restructuring to compete with other companies such as USAir, which had already filed for bankruptcy [JURIST report]. Some have also said Northwest is likely to gain concessions through bankruptcy that it was unable to obtain in contentious labor negotiations with its mechanics [JURIST report]. Read the bankruptcy filings from both companies [Delta and Northwest; PDF text], as well as the Delta news release and Northwest news release. Delta has legal information available on its bankruptcy proceedings. Reuters has more.






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Environmental brief ~ PA joins states suit to increase appliance energy efficiency
Tom Henry on September 14, 2005 6:15 PM ET

[JURIST] In Wednesday's environmental law news, Pennsylvania has joined 14 other states suing the US Department of Energy (DOE) [official website], alleging that the agency is 6 to 13 years behind schedule in updating efficiency standards for some household and commercial appliance categories and has failed to issue any new efficiency standards at all since January 2001. The 1987 Federal Energy Policy and Conservation Act requires the DOE to periodically review and strengthen efficiency standards. Read the complaint here [PDF]. The Pittsburgh Post-Gazette has more.

In other environmental law news...

  • A Massachusettes state Senator has introduced a bill that would offer a variety of incentives to consumers, companies, and state agencies that use vehicles that get good gas mileage or that run on alternate fuel sources. The incentives include tax credits and deductions, free Fast Lane toll transponders, access to the Interstate HOV lanes even when driving alone, and reduced parking-meter fees. The Boston Globe has more.

  • The US Environmental Protection Agency [official website] seeks comments on a proposed rule [text] that would add 5 new sites to the National Priorities List [official website] in accordance with the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) [text]. The sites, which would be added to the "Superfund" section of the list are: Olin Chemical, Wilmington,MA; Alternative Energy Resources, Augusta, GA; Lake Calumet Cluster, Chicago, IL; West Highway 6 & 281, Hastings, NE; Quendall Terminals, Renton, WA. There are currently 1,307 final and proposed sites on the list. Comments can be made here until November 14, 2005.





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Lumber industry group challenges constitutionality of NAFTA provision
Chris Buell on September 14, 2005 4:34 PM ET

[JURIST] A US lumber industry trade group has challenged the constitutionality of the dispute settlement system [NAFTA backgrounder] under the North American Free Trade Agreement [text; Secretariat website], arguing that the system violates due process. The Coalition for Fair Lumber Imports [official website] filed the lawsuit Tuesday after an independent panel under NAFTA had previously struck down US tariffs on Canadian lumber [CBC News backgrounder]. In the lawsuit, filed in the US Court of Appeals for the DC Circuit, the lumber group argued that NAFTA judges should not be allowed to override decisions by the US Commerce Department and International Trade Commission. Observers said the suit was unlikely to succeed, as a similar one was filed in 1994 and success would cause significant damange to NAFTA. The lawsuit targets rulings made under Chapter 19 of the treaty in particular. The Bush administration is expected to oppose the suit. The Coalition for Fair Lumber Imports has a news release [PDF text] on the action. Bloomberg has more.






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Australia reconsiders stripping citizenship in proposed terror laws
Chris Buell on September 14, 2005 4:05 PM ET

[JURIST] The Australian government has backed away from proposals to strip citizenship from those convicted of terrorism offenses, instead suggesting that it may be more effective to monitor them. Australian Prime Minister John Howard [official profile] originally supported removing citizenship of those breaking proposed anti-terror laws. Citizenship Minister John Cobb [official website] said, however, that those stripped of citizenship would be more difficult to monitor and could present a threat to the country. Cobb also said such a provision would present difficulties if those born in Australia had their citizenship revoked. The proposed legislation has set off debate in the country over law enforcement and the need for increased powers to combat terrorism. Several states have also proposed legislation that would increase authorities for police, while civil rights groups have opposed the measures. The Australian has more.

Previously on JURIST's Paper Chase...






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Afghan warlord backs investigation of civil war abuses, claims innocence
Chris Buell on September 14, 2005 3:25 PM ET

[JURIST] Former Afghan mujahideen [Wikipedia backgrounder] Abdul Rabb Rasoul Sayyaf [Wikipedia profile] said Wednesday that he supported an inquiry into abuses committed by fighters during the civil war in Afghanistan [JURIST news archive] in the 1990s, but he rejected calls to bar those implicated from parliamentary elections. Sayyaf, a member of the Ittihad-i-Islami faction, has been accused of war crimes during that time in a Human Rights Watch report [text], but he denied the allegations and said he had a right to participate in Sunday's elections. Some groups have called for former warlords accused of abuses to stand down in the election, but thus far, only 45 lesser-known candidates have been blocked. Afghan President Hamid Karzai [Wikipedia profile] has defended allowing many of the accused to run for office, arguing that it would ease tensions within the country. Reuters has more.






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BREAKING NEWS ~ Massachusetts legislature rejects gay marriage ban
Jeannie Shawl on September 14, 2005 3:14 PM ET

[JURIST] AP is reporting that the Massachusetts state legislature [official website] has rejected a proposed state constitutional amendment [text] that would have banned gay marriage but allowed civil unions. Massachusetts became the first state to legalize same-sex marriage when the state's Supreme Judicial Court ruled [opinion; JURIST report] in 2003 that same-sex couples are entitled to wed. Massachusetts law requires that a proposed constitutional amendment be approved by the legislature in two consecutive sessions before being put to voters. AP has more.

3:55 PM ET - The vote by the state legislature represented a departure from its vote on the measure last year. In March 2004, lawmakers supported the amendment [JURIST report] by a 105-92 vote margin in the months following the Supreme Judicial Court's decision legalizing same-sex marriage [JURIST news archive]. Many lawmakers indicated their opinion on the issue had changed [JURIST report] since the previous vote, while others opposed civil unions in addition to same-sex marriage. Another proposed initiative [DOC text] to amend the constitution to bar both was recently upheld [JURIST report] by the state attorney general.






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Pinochet may stand trial for killings, Chile high court rules
Chris Buell on September 14, 2005 3:05 PM ET

[JURIST] Former Chilean dictator Augusto Pinochet [Wikipedia profile; JURIST news archive] can stand trial for an alleged campaign of abduction and murder of political opponents during his leadership, Chile's Supreme Court ruled Wednesday. The ruling was the third by the court stripping Pinochet of the immunity from prosecution customarily granted to former presidents of the country. Prosecutors investigating Operation Colombo, a government campaign in the mid-1970s against leftists, have sought to charge the 89-year-old former leader with the murder of 15 political opponents. An appeals court ruled earlier this summer that Pinochet could be prosecuted, but he appealed the ruling. Although two other major human rights cases [BBC timeline] were brought against Pinochet, both stalled when courts ruled that he was not healthy enough to stand trial. Reuters has more.

Previously on JURIST's Paper Chase...






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Japan lawmakers to establish constitution referendum committee
Krista-Ann Staley on September 14, 2005 2:38 PM ET

[JURIST] Japan’s ruling Liberal Democratic Party (LDP) [official website in English], its coalition partner the New Komeito Party [official website in English] and its largest opposition, the Democratic Party of Japan [official website in English], agreed Wednesday to establish a standing constitutional referendum committee in the House of Representatives. Establishing the committee is the first step towards altering Japan's constitution [text], as the document requires a national referendum on proposed changes and Japan has yet to create legislation establishing such a procedure. Following last week's election [Japan Today report], where the LDP and New Komeito Party won 296 and 31 seats, respectively, of the 480 in the lower house, the push to revise the country's pacifist constitution [Mainichi report] is expected to increase. The LDP released a draft of Constitution revisions [JURIST report] in July and plans to release a full draft in November. Xinhua has more.






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BREAKING NEWS ~ Federal judge rules Pledge recitation in public schools unconstitutional
Bernard Hibbitts on September 14, 2005 2:11 PM ET

[JURIST] AP is reporting that a federal judge in San Francisco has ruled that the recitation of the Pledge of Allegiance [JURIST news archive] in public schools with the language "under God" is unconstitutional. The judge granted legal standing to two families represented by Michael Newdow [JURIST news archive], an atheist who unsuccessfully challenged [JURIST report] the constitutionality of the Pledge last year before the US Supreme Court, which dismissed his suit [opinion text] for lack of standing without passing on the merits of the constitutionality issue (the high court held the divorced Newdow could not sue on behalf of his daughter because he did not have sufficient custody to qualify as her legal representative). The judge held that he was bound by a previous 2002 US Ninth Circuit ruling [PDF text] rejecting the constitutionality of the Pledge. Review materials on the latest case, including the amended complaint [PDF], on Michael Newdow's website.

2:50 PM ET - AP now has more.

4:45 PM ET - The ruling by Judge Lawrence Karlton [official profile] (sitting in Sacramento, not in San Francisco as originally reported by wire services) is now online [PDF] via FindLaw.






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European rights court OKs in-law marriage
Krista-Ann Staley on September 14, 2005 2:02 PM ET

[JURIST] The European Court of Human Rights [official website] has ruled [judgment text; press release] that a British ban on parent and children-in-law marriages violated rights guaranteed by Article 12 of the European Convention on Human Rights [text]. A man identified in court as "B" and his son’s ex-wife, identified as "L," brought their case to the Human Rights Court after a local British official denied them permission to marry. In its final judgment, the court recognized the British law’s intent of protecting "the integrity of the family" as legitimate, but noted that, in the absence of additional laws prohibiting non-marital relationships between in-laws, the ban did little to protect children from previous marriages from alleged confusion. The judges also highlighted a previous exception to the ban, allowing for marriage of in-laws where "no harm would ensue." B and L were awarded £12,000 (approximately $21,900) in costs and expenses and the British government must now consider changing the law to provide a right to in-law marriages. BBC News has more.






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Nepali democracy protests continue despite mass arrests
Jamie Sterling on September 14, 2005 12:23 PM ET

[JURIST] Thousands of demonstrators continued to pour into Kathmandu Wednesday to protest the totalitarian rule of King Gyanendra [BBC profile]. Nepali police detained hundreds of pro-democracy activists [JURIST report] Tuesday in the capitol city, including a former prime minister, for protesting the king's seizure of power [JURIST report] this February. Police detained another 200 activists Wednesday, after detaining a total of 529 people the day before, with many police using batons and tear gas to stop the rally. Organizers have vowed to continue the protests [JURIST report], as they have done since Gyanendra has taken power. Reuters has more.






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Nuclear terrorism convention gets first signature at UN summit
Jamie Sterling on September 14, 2005 12:03 PM ET

[JURIST] Russian President Vladimir Putin [official website] was the first world leader to sign the UN Convention for the Suppression of Acts of Nuclear Terrorism [PDF text], which opened for signatures Wednesday at the UN's 2005 World Summit [official website]. As many as 63 nations are expected to sign the treaty [JURIST report], initially proposed by Russia, which addresses the illegal possession or use of nuclear materials by non-state actors and calls for international cooperation with nuclear terror investigations and proceedings. The convention was adopted [JURIST report] in April, after several years of negotiations between nuclear and non-nuclear nations. The convention will enter into force after it is signed and ratified by at least 22 countries. MosNews has more.

Also Wednesday at the UN, leaders from Security Council member countries are gathering to vote on a draft proposal that condemns the incitement of terrorist acts, and calls upon all member states to take appropriate steps to end such incitement. The resolution, proposed by British Prime Minister Tony Blair, seeks to empower authorities to expel or exclude foreign nationals who incite violence or glorify terrorism. Human rights groups have expressed disapproval [HRW press release] of the initiative, calling it "a pretext to suppress peaceful expression," and arguing that the definition of "incitement to terrorist acts" should be strictly construed in order to avoid prohibitions on lawful expression and association. In an address to the General Assembly [text], President Bush voiced his support of the measure, and called upon leaders to "change the conditions that allow terrorists to flourish and recruit." Reuters has more.

4:30 PM ET - Security Council heads of state and government unanimously adopted two resolutions Wednesday calling on states to reinforce the battle against terrorism and strengthening the Council's role in preventing conflict. Resolution 1624 [text] condemns "all acts of terrorism irrespective of their motivation, whenever and by whomsoever committed, as one of the most serious threats to peace and security" and calls upon states to adopt all necessary measures to combat terrorism. These measures include prohibiting incitement to commit terrorist acts, denying safe haven to anyone involved in terrorism, strengthening the security of international borders, and combating fraudulent travel documents. The resolution also calls upon states to ensure that any measures taken comply with all obligation under international human rights law, refugee law, and humanitarian law. The Council also Resolution 1625 [text] which calls for countries to adopt a wide range of measures to prevent conflict, including promoting fair and transparent electoral processes and acting against illegal exploitation and trafficking of natural resources. UN News has more.






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Annan, Bush call for action on disarmament, rights, terror at UN summit
Jamie Sterling on September 14, 2005 11:41 AM ET

[JURIST] Addressing the opening session of the UN's 2005 World Summit [official website] Wednesday, UN Secretary-General Kofi Annan [official profile], US President George Bush and other world leaders appealed for global action to prevent conflict, protect human rights and suppress terror. Speaking to the 60th anniversary session of the General Assembly, Annan expressed hope that all nations would act together [AP report] to meet the challenges of the new century, which he said included "peacemaking, nation-building, democratization and responding to natural or man-made disasters." He called the draft summit outcome document [PDF text], approved late Tuesday [JURIST report] "a good start," but noted that it was not the sweeping structural reform that he had proposed. In particular, Annan criticized the failure to reach an agreement on nuclear non-proliferation and disarmament, saying

Twice this year -- at the NPT review conference, and now at this Summit -- we have allowed posturing to get in the way of results. This is inexcusable. Weapons of mass destruction pose a grave danger to us all, particularly in a world threatened by terrorists with global ambitions and no inhibitions.
Read the full text of Annan's speech.

President Bush in his remarks [PDF text] called on the United Nations to be free of corruption [AFP report] and directly questioned the UN's practice of placing countries with bad human rights records on the Commission on Human Rights [official website]. He also called on UN member states to complete a Comprehensive Convention on International Terrorism that would clearly state, in the preferred American formulation, that "the targeting and deliberate killing by terrorists of civilians and non-combatants cannot be justified or legitimized by any cause or grievance". A previously-proposed UN formulation had omitted the words "by terrorists", which US UN Ambassador John Bolton objected to [PDF letter] on grounds that it "does not address military activities that are appropriately governed by international humanitarian law.". AP has more. Additional prepared remarks, and a live webcast of the summit, are available here from the UN.





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Bush administration warns on limiting legal discretion of trade negotiators
Alexandria Samuel on September 14, 2005 11:25 AM ET

[JURIST] The Bush administration Tuesday expressed disapproval of a measure aimed at regulating trade negotiations, and discouraged Senate members from adopting it. The measure, offered as an amendment to the annual appropriations bill for the Departments of State, Commerce and related agencies [text] by Sen. Byron Dorgan (D-ND) [official website], would restrict US trade negotiators from agreeing to make changes to any laws allowing the US to impose duties against unfairly priced or subsidized imports, and would allow the Senate to block funding for any trade negotiations involving the laws. In a letter to Senators, US Trade Representative Rob Portman [official profile] and Commerce Secretary Carlos Gutierrez [official profile] urged the rejection of the "unwise amendment", and argued that passage would impair trade liberalization efforts within the World Trade Organziation by "provid[ing] our trading partners [with] an excuse to refuse to negotiate on sectors and subjects they consider sensitive." Reuters has more.






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Rwandan local courts charge over 14,000 judges with genocide
Jamie Sterling on September 14, 2005 11:10 AM ET

[JURIST] Rwanda's community-based genocide courts have charged 14,885 of their own judges with genocide, according to the department in charge of managing the system. The Gacaca courts [official website; Wikipedia backgrounder] were created three years ago to accelerate genocide trial proceedings, and consists of judges who are referred to as Inyangamugayo, or persons of integrity. Rwanda currently has approximately 10,000 Gacaca courts with over 200,000 Inyangamugayo presiding. The Inyangamugayo are required by law [PDF text] to resign if a genocide charge is brought against them; they then are tried by the same court over which they once presided. Hirondelle News Agency has more.






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Roberts says Congress has the right to counter Supreme Court decisions
Holly Manges Jones on September 14, 2005 11:03 AM ET

[JURIST] In the third day of his Senate confirmation hearings Wednesday, US Chief Justice nominee John Roberts [Wikipedia profile; JURIST news archive] said that Congress has the right to counter decisions made by the Supreme Court, including the controversial ruling earlier this year in Kelo v. New London [PDF opinion], which allows local governments to expropriate land for private redevelopment [JURIST report]. Roberts commented on proposed legislation that would ban federal funds for projects commencing as a result of the Kelo decision, and stated: "[t]his body and legislative bodies in the states are protectors of the people's rights . . . It's not simply a question of legislating to address particular needs, but you obviously have to also be cognizant of the people's rights and you can protect them in situations where the court has determined, as it did 5-4 in Kelo, that they are not going to draw that line." Senate Judiciary Committee [official website] chairman Arlen Specter (R-PA), who previously told Roberts to be ready for Congressional authority questions [JURIST report], also expressed his disdain at the way legislators can be "treated as schoolchildren'' through criticism from some justices. Roberts replied that the Supreme Court was not the "taskmaster" of Congress, but rather that the Constitution should guide the actions of both bodies. AP has more.






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Federal appeals court upholds right of Indian tribes to determine membership
Holly Manges Jones on September 14, 2005 10:44 AM ET

[JURIST] The US Court of Appeals for the Ninth Circuit [official website] upheld the sovereignty of Indian tribes Tuesday by ruling that federal courts do not have jurisdiction over decisions regarding who is entitled to membership in a tribe. The federal appeals court allowed Indian tribes to retain their ability to establish their own membership requirements after four siblings sued the federal government in order to be added as members of their father's tribe, the Table Mountain Rancheria [casino website], which operates a successful casino near Fresno, California. Chief Judge Mary Schroeder wrote in the opinion [PDF text], "These doctrines of tribal sovereign immunity were developed decades ago, before the gaming boom created a new and economically valuable premium on tribal membership." Reuters has more.






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Iraq justice minister condemns US detention of Iraqi citizens
Holly Manges Jones on September 14, 2005 10:05 AM ET

[JURIST] Iraqi Justice Minister Abdul Hussein Shandal has criticized the US military for arresting and detaining Iraqi citizens and journalists without bringing charges against them, and is calling for either amendment or discontinuation of a UN Security Council resolution [JURIST report] giving the US military immunity from Iraqi law. Shandal told Reuters news agency that the extended detentions have led to human rights violations which the Justice Ministry is not able to correct because Security Council Resolution 1546 [text, PDF], passed after Saddam Hussein lost power in 2003, gives the Multinational Force (MNF) [official website] full authority over the handling of arrests. Shandal said he planned to work with the Security Council to change or end the resolution and is pushing for the release of 10,000 Iraqis currently being held at the Abu Ghraib prison [JURIST news archive] in Baghdad. Last month, amid protests from media rights group, a US military tribunal authorized the continued detention [JURIST report] without charge of a Iraqi Reuters cameraman. Reuters has more.






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Iraqi draft constitution said finalized, sent to UN for printing
Sara R. Parsowith on September 14, 2005 9:25 AM ET

[JURIST] Last-minute amendments to Iraq's draft constitution [JURIST news archive] were finalized Wednesday, according to National Assembly deputy speaker Hussein al-Shahristani, who said the final document has been given to the UN for printing and distribution to the Iraqi people. Changes were made to the draft after Sunni Arabs rejected a draft [JURIST report] that had been approved by Shiites and Kurds. Additions include clarifying Iraq's commitment to the Arab League [official website] charter, the management of water resources by the central government as opposed to provincial authorities, and giving the prime minister two deputies in his cabinet. However, Sunnis are unlikely to be satisfied with the changes as they do not effectively address other concerns [JURIST document] including the references to Saddam Hussein's party and the description of Iraq as a Muslim rather than an Arab country, which Sunnis warned could lead to the disintegration of Iraq. AP has more. KUNA has local coverage.






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EU official says Turkish novelist trial meant as provocation
Sara R. Parsowith on September 14, 2005 8:51 AM ET

[JURIST] The official in charge of European Union expansion said Tuesday that Turkey [JURIST news archive] is deliberately provoking them by choosing to hold the trial of Turkish novelist Orhan Pamuk [Wikipedia backgrounder] at the same time as an EU summit. Pamuk is accused of insulting Turkey's national character by saying "thirty-thousand Kurds and one million Armenians were killed in these lands and nobody but me dares to talk about it" in an interview with a Swiss newspaper magazine. The new Turkish penal code, adopted at the UN's insistence, makes it a crime to denigrate Turkey's national identity. EU enlargement commissioner Olli Rehn [official profile] said that the Pamuk case violates the European Convention on Human Rights [PDF text] and that it "raises serious questions about the interpretation of Turkey's new penal code." Rehn also said that the December 16 date to hold the novelist's trial "can't be just a coincidence, it has to be a provocation." Also Tuesday, Rehn warned that talks related to Turkey's possible entry into the EU would depend on whether it acknowledges the existence of Cyprus. Even though Turkey has extended its existing customs arrangements to Cyprus, it did so with the declaration that this did not mean it formally recognized Cyprus as a country, a move that Rehn calls "regrettable." AP has more.






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Bosnian Serb war crimes fugitive surrenders to authorities
Sara R. Parsowith on September 14, 2005 8:16 AM ET

[JURIST] Bosnian Serb war crimes suspect Sredoje Lukic, indicted [text] in 2000 by the International Criminal Tribunal for the former Yugoslavia [official website] surrendered to Serb authorities in Bosnia Tuesday. Lukic is charged with cruel and inhumane acts against non-Serbs, crimes against humanity as well as humiliation, terrorizing and psychological abuse of Bosnian Muslims. Lukic and his cousin Milan Lukic [ICTY case backgrounder], were members of a notorious paramilitary group called the Avengers. The charges allege that during May 1992 and October 1994, the Avengers "committed, planned, instigated and ordered the executions" of Bosnian Muslims in Bosnian Serb-controlled territory. Sredoje Lukic is the 15th war crimes fugitive to surrender to Serbian authorities since last year. However, the two top fugitives, Radovan Karadzic [BBC profile] and Ratko Mladic [Wikipedia profile], are still in hiding. The Serbian government is under pressure [JURIST report] from the ICTY and Western countries to cooperate with The Hague tribunal in exchange for the country's access to the European Union and NATO. AP has more.






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More army officers charged in Afghan prisoner abuse investigation
Sara R. Parsowith on September 14, 2005 7:58 AM ET

[JURIST] Capt. Christopher M. Beiring, an army officer from the 377th Military Police Company, was charged Tuesday with dereliction of duty and making a false official statement in connection with an ongoing investigation into prisoner abuse at the Bagram Air Base detention facility [Wikipedia backgrounder] in Afghanistan [JURIST news archive]. Two other soldiers from Beiring's unit, Staff Sgt. Brian L. Doyle and Sgt. Duane M. Grubb, were also charged. Grubb is charged with assault, maltreatment and making a false official statement and Doyle faces charges of dereliction of duty and maltreatment after he did not give "use-of-force" guidance to his soldiers when he ordered the hitting of a detainee, Habibullah, the first prisoner to die at the detention center. Several other soldiers have been acquitted of charges [JURIST report] relating to Habibullah's death, but one soldier has pleaded guilty [JURIST report] to assault and two counts of making a false statement. Reuters has more.






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Khodorkovsky appeal begins in Moscow court
Sara R. Parsowith on September 14, 2005 7:16 AM ET

[JURIST] A Russian court began hearing the appeal Wednesday of former Yukos [corporate website] oil tycoon Mikhail Khodorkovsky [JURIST news archive; defense website], who is in jail for tax evasion, fraud and embezzlement. In May, Khodorkovsky was found guilty on seven charges [JURIST report], and received a nine-year sentence [JURIST report]. Last month, Khodorkovsky announced his intention to run for the Russian parliament [JURIST report]; Khodorkovsky is only eligible to run while his case is under appeal or if his conviction is overturned. Khodorkovsky's lawyers say that the appeal will be quickly turned down in order to prevent the election bid, but have said that they will ask for a delay in the hearing because Khodorkovsky's rights had been violated and that his lawyers had not been given sufficient time to review transcripts from his trial. One of Khodorkovsky's lawyers did not attend Wednesday's hearing [BBC report] due to hospitalization, and according to Khodorkovsky's website, this postponed the hearing until Wednesday afternoon. Reuters has more. MosNews has local coverage.

10:08 AM ET - Hearings on the Khodorkovsky appeal have now been postponed until next week due to hospitalized lawyer Genrikh Padva's absence. AP has more.






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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.

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