[JURIST] Gun control advocates are set to start an intensive media campaign to alert travelers about a new Florida law that allows people to respond to threats by using guns at home or in public [JURIST report; SB 436 text]. The NRA-supported "force with force" or (to opponents) "shoot first" law formally takes effect Saturday. Peter Hamm of the Brady Campaign to Prevent Gun Violence [advocacy website] says the new law poses a risk for tourists coming into Florida because they are unaware that this new law exists, hypothesizing that a simple road rage dispute could end up in the death of a tourist. Michigan gun-control advocates have been campaigning to prevent a similar "force with force" bill [JURIST report] being passed in their state. The South Florida Sun-Sentinel has local coverage.

[JURIST] Egyptian judges Monday ordered opposition leader and recent presidential candidate Ayman Nour [Wikipedia profile] to appear in court again Tuesday to answer charges connected to the submission of forged signatures [JURIST report] when his party applied for official recognition last year. Nour's wife and spokesperson, Gameela Ismail, suggested that the timing of the trial session deliberately coincided with the parliamentary swearing-in ceremony of Egyptian President Hosni Mubarak [official profile]. Nour recently claimed fraud in the election vote count [JURIST report] after Mubarak claimed a landslide victory [JURIST report] in the multi-candidate poll earlier this month. In Monday's court session, Nour's lawyers asked for a new panel of judges, claiming bias with the current members of the panel. The court will decide how to respond to Nour's request Tuesday. If Nour is convicted, he could be imprisoned for up to ten years. Reuters has more.

[JURIST] UN human rights officials have accused the government of Togo [JURIST news archive] of using over-zealous force at the time of the heavily disputed April presidential elections [JURIST report], saying that government security and armed forces killed 400-500 people and wounded thousands more. A report [accompanying press release] released Monday by the Office of the United Nations High Commissioner for Human Rights (OHCHR) [official website] concluded that the primary blame for the violence belonged to the government. Togo's long-time President Gnassingbe Eyadema died in February 2005; the army's installation of his son as leader precipitated a political crisis [JURIST report] which forced the elections. Human rights and forensic experts sent to Togo in June found evidence of torture, rape, sexual violence and widespread inhumane treatment of the Togo people. The Togolese government has not commented on the report. Voice of America has more.

[JURIST] In Monday's environmental law news, the Virginia Department of Environmental Quality [official website] has announced a proposed settlement with Colonna's Shipyard Inc. [corporate website] for polluting the Elizabeth River. Colonnas has agreed to pay a $40,000 fine for mistakenly flushing thousands of gallons of wastewater contaminated with tributyltin [EPA factpage] into the river. Tributyltin is a paint additive used to control barnacles and other nuisance growth on ship hulls. The Virginia State Water Control Board [official website] will consider the settlement later this week. AP has more.

In other environmental law news...

• Chong Wa Dae [official website], the office of the South Korea President, announced Sunday it will tighten up the government inspection system for imported foods to ensure public safety. The Ministry of Agriculture and Forestry [official website] has said it will create a task force to monitor the illegal distribution and sale of agricultural imports. The moves were prompted by a study released over the weekend that found unusually high levels of lead in kimchi imported from China. In response, Chinese trade officials Monday called for the countries to establish a set of joint food safety guidelines. The Korea Times has more.
  
  
• India's West Bengal State Environment Department [official website] Minister Manab Mukherjee has announced requirements for the prevention and management of chemical accidents. The requirements include mandatory accident notification, the creation of on-site and off-site emergency plans, and safety measures for the transportation of hazardous chemicals. PTI has more.

[JURIST] Joseph Serugendo, the former Technical Chief of Rwanda's Radio Télévision Libre des Milles Collines (RTLM) [Wikipedia backgrounder], nicknamed “Radio Machete” for inciting its listeners to commit murder, has been transferred to a United Nations detention facility in Tanzania [UN report; International Criminal Tribunal for Rwanda (ICTR) press release] after being arrested in Gabon last Friday. Serugendo has been charged with five charges including genocide and conspiracy to commit genocide in connection with the 1994 genocide in Rwanda [JURIST news archive]. The ICTR [official website] hopes to bring 65-70 criminals accused of committing genocide and other crimes against humanity to justice by 2008, a trial termination date set by the UN Security Council [official website; ICTR status report, PDF]. Twenty-two people have been convicted so far, three acquitted. Twenty-five others are currently on trial, including a former prime minister and 11 government ministers. UN News has more.

[JURIST] Leading Monday's international brief, UN Special Representative on the Prevention of Genocide Juan Mendez [UN appointment profile] has slammed the domestic war crimes court [JURIST report] set up in Sudan [government website] earlier this year, saying it has failed to deal with "the major crimes committed during the conflict." Mendez said that the reports about the court received by the UN pointed towards a continued attitude of impunity for upper level government officials that would otherwise be implicated in atrocities in the counrty's Darfur region. The domestic Sudanese court was set up as a response to UN Resolution 1593 [JURIST report], which authorized the International Criminal Court [official website] to conduct an investigation into the situation in Darfur. The Sudanese government has repeatedly stated that it will not allow judicial proceedings against any of its citizens by any foreign court. The US and many major NGOs have categorized the situation in Darfur as genocide, and have called on the UN to take steps to prevent any further violence in the region. The UN currently has a large peacekeeping force in the area as part of the peace accords between the now-autonomous Southern Sudan and the Khartoum government. JURIST's Paper Chase has continuing coverage of Darfur [JURIST news archive]. The Sudan Tribune has local coverage.

In other international legal news...

• The Zimbabwe white farmers' advocacy group Justice for Agricultural Trust [advocacy profile] (JAG) announced Monday that it has finished work on documents necessary to bring Zimbabwean President Robert Mugabe [Wikipedia profile] and his new policies under the Constitution of Zimbabwe Amendment (No 17) Act [JURIST report] before the African Commission on Human and People’s Rights [official website] (ACHPR). The recent amendment to the Zimbabwean Constitution [official text] allows the President to cancel private title to farm land deemed to be necessary for the maintenance of the state. The Act was used for the first time last week to deny over 4,000 white farmers title to their farm land; it also prohibits individuals from filing an appeal on the eviction notice in court, and prohibits courts from hearing the cases. JAG has declined to say when it will initiate proceedings, but has stressed that they view the case as an essential test of the relatively new Commission. JURIST's Paper Chase has continuing coverage of Zimbabwe [JURIST news archive]. ZimOnline has local coverage.
  
  
• Nepalese human rights lawyer Nanda Raj Acharya filed a suit on Monday against senior Nepalese government [official website] officials for their involvement in the re-arrest of Maoist student activist Krishna KC. KC was arrested two years ago in Kahtmandu and has been continuously detained since then until last Thursday, when the Nepal Supreme Court [judicial website] ordered his release. Acharya's suit alleges government abuse of civil rights based on KC's re-arrest on the same day as his court-ordered release. The suit seeks to secure the release of KC and the prevention of any further re-arrests. JURIST's Paper Chase has continuing coverage of Nepal [JURIST news archive]. Kantipur Online has local coverage.

[JURIST] Leading Monday's states brief, Connecticut has became the first state to challenge the new federal Energy Policy Act [JURIST report], allowing the developers of power projects to appeal directly to the federal government when state officials deny or delay permits. Attorney General Richard Blumenthal [AG press release] filed a motion to dismiss a federal petition filed by the backers of the proposed Islander East Pipeline Project [website], saying the law undermines states' environmental autonomy and violates the 11th Amendment of the US Constitution, which provides states with immunity from lawsuits by private parties. The state Department of Environmental Protection denied Islander East Pipeline's water quality permit in 2004 and the issue has been tied up in state courts and regulatory agencies since. AP has more.

In other state legal news ...

• The Pennsylvania state troopers union Monday filed suit in state court, alleging that the outsourcing of background checks for both gambling companies and vendors that supply slots parlors violates the 2004 state law [text] legalizing slot machines because that law gives state police the authority to conduct all background checks. The union also argued that allowing the state Gaming Control Board [official website] oversight of what groups conduct background checks is a violation of separation of powers. Last month the board authorized negotiations for no-bid contracts with three firms and sought other firms through competitive bidding. AP has more.

[JURIST] Oregon Circuit Judge Joseph Guimond heard oral arguments Monday in the latest case to challenge the constitutionality of Measure 36 [text], a constitutional ban on same-sex marriage [JURIST news archive] approved by Oregon voters on November 2, 2004. Representing Basic Rights Oregon [advocacy website; case factsheet, PDF], Portland lawyer Mark Johnson argued that Measure 36 revised rather than amended the Oregon Constitution [text] and the amendment was invalid because it made several constitutional changes which under the constitution require separate amendments. For the state, assistant attorney general Charles Fletcher contended that the Measure was a straightforward, one-sentence provision that really clarified the already existing standard that the only valid marriage recognized by Oregon state or local governments in Oregon is one between a man and a woman. AP has more.

[JURIST] AP is reporting that Pfc. Lynndie England [JURIST news archive] has been convicted on six of seven counts in court-martial proceedings for her role in the Abu Ghraib prisoner abuse scandal [JURIST news archive].

4:35 PM ET - After some two hours of deliberation the military jury of five officers found England guilty of one count of conspiracy, four counts of maltreating detainees and one count of committing an indecent act. It acquitted her of another conspiracy count. The court-martial now moves to sentencing, where England faces up to 10 years in prison. AP has more. AP also offers a review of all nine US Army reservists - none above the rank of sergeant - who have go far been convicted of Abu Ghraib-related abuse

[JURIST] Anti-war protestor and Gold Star Mother [Wikipedia backgrounder] Cindy Sheehan [Wikipedia profile] was arrested Monday while protesting outside the White House. Sheehan and dozens of other Iraq war protesters were taken into custody by police after they were warned three times that they were breaking the law by sitting on the sidewalk on Pennsylvania Avenue and failing to keep moving. The White House demonstration, billed as "non-violent direct action" [UPJ action alert] was organized at the end of three-day Wasshington campaign by United for Peace and Justice [advocacy website], a group urging members of Congress to work to end the war in Iraq and bring home the troops. A massive rally Saturday on the National Mall drew at least 100,000 protestors and is widely said to have been the largest anti-war protest in the US capital since Vietnam. AP has more.

[JURIST] Croatian journalist Marijan Krizic pleaded not guilty Monday before the International Criminal Tribunal for the former Yugoslavia to charges that he revealed the identity of a protected witness in the Tihomir Blaskic case [ICTY factsheet] earlier this year. Krizic and fellow journalist Josip Jovic were charged with contempt under Rule 77 [text] of the court's Rules of Procedure and Evidence [text] after the witness's name appeared in their Croatian newspapers Hrvatsko Slovo [media website] and Slobodna Dalmacija [media website]. Jovic did not appear in court Monday; his lawyer instead filed a motion with the court to request postponement of appearance so that he may "use all legal means at his disposal to see if there is any reason for him to cooperate with the tribunal". If convicted, both men face a maximum sentence of seven years in prison. Reuters has more.

[JURIST] Italian Prime Minister Silvio Berlusconi [official profile] was acquitted of false accounting charges by an Italian court Monday. Prosecutors had charged the leader and media empire mogul with numerous counts of false accounting, including false bookkeeping charges, in connection to his alleged involvement in a plot to illegally move money from his media holding company, All Iberian, to fund the Socialist Party of former Italian Premier Bettino Craxi [BBC profile]. The court found that Berlusconi could not be charged with the crimes under Italian law because of changes made 2001 that decriminalized some false accounting crimes. In May, the European Court of Justice ruled [JURIST report] that EU law could not overrule Italian law in the matter. Berlusconi has been tried in several corruption cases, and has always maintained his innocence, arguing that all charges have been politically motivated. Reuters has more.

[JURIST] The Bush administration has asked the US Supreme Court to reinstate a legislative ban on late-term "partial birth" abortions, appealing a July ruling by the US Eighth Circuit Court of Appeals in St. Louis that upheld [JURIST report] a Nebraska federal district court ruling [JURIST report] finding the federal Partial Birth Abortion Ban Act [PDF text] unconstitutional because it lacks an exception for the health of the mother. The appeal in Carhart v. Gonzalez [PDF text] was filed Friday and released Monday. The "partial birth" abortion case has been a contentious two-year legal battle, but it is as yet unclear if the Supreme Court will take the latest appeal. It has already scheduled arguments in November in another abortion case involving New Hampshire's parental notification statute [text]. AP has more.

[JURIST] Prosecutors wrapped up closing arguments Monday in the Abu Ghraib prison abuse [JURIST news archive] case involving Pfc. Lynndie England [Wikipedia profile; JURIST news archive] by describing her as a willing participant in the scandal while defense attorneys portrayed her as impressionable and easily influenced by a manipulative boyfriend. England faces a prison sentence of up 11 years if convicted on all seven abuse counts, which include posing for photographs with Iraqis who were forced to masturbate and holding a leash attached to the neck of a naked detainee. Her ex-boyfriend Army Spc. Charles Graner Jr. [Wikipedia profile] was sentenced to 10 years in prison [JURIST report] in January for his role in the abuses. A jury of five Army officers is set to begin deliberations Monday afternoon. AP has more.

Previously in JURIST's Paper Chase...

• England defense blames obedience dysfunction for Abu Ghraib conduct
• Jailed Abu Ghraib abuse leader testifies in Lynndie England court-martial
• Judge seals photos in Lynndie England court-martial
• Lynndie England to fight Abu Ghraib abuse charges in new trial

[JURIST] The International Crisis Group (ICG) [advocacy site] of conflict monitors Monday criticized Iraq's constitutional process for deepening the country's political fractures and expediting Iraq's violent break up. A new ICG report [PDF text; press release] noted that the draft Iraqi constitution [English translation; JURIST news archive] to be put to a referendum October 15 reflects Shiite and Kurdish influence, but not significant Sunni input. The group said that the fifteen Sunni Arabs added to the drafting committee [official website] in an effort at inclusiveness were increasingly marginalized after the August 1 decision [JURIST report] against a six-month extension of the drafting deadline. The ICG admits it is too late to renegotiate but has called for the US to sponsor efforts to reach a political agreement prior to October 15 on steps the parties would commit to take after December elections. In June the ICG warned that the interim Transitional Administrative Law had set an unrealistic deadline [JURIST report] for the drafting of the country's permanent charter. Reuters has more.

[JURIST] In addition to the conviction and sentencing [JURIST report] of al Qaeda cell leader Immad Yarkas [BBC profile], the head of al Qaeda in Spain, the Spanish High Court Monday also sentenced [PDF verdict, 447 pages] 17 other men to jail terms varying from 6 to 11 years and freed the remaining six defendants in Europe's largest trial of those suspected of involvement in the September 11 attacks. Among the 24 men accused of having links to the terrorist organization was Syrian-born Aljazeera reporter Tayssir Alluni [Aljazeera report] who interviewed Osama bin Laden weeks after the September 11 attacks. Alluni maintained his innocence throughout, as did all of the defendants, and argued that he was simply a journalist performing his duties. AFP has more. From Madrid, El Mundo has local coverage.

[JURIST] Ten foreign nationals arrested in Britain after the July 7 suicide bombings in London are appealing their potential deportation to their home countries to Britain's Special Immigration Appeals Commission (SIAC) [official website], saying that they have no connection to the London bombings [JURIST news archive]. Human rights groups are also calling for deportation proceedings to be stopped, saying that British agreements with the detainee's home countries that they will not be tortured upon their return are insufficient guarantees of their right under the UK Human Rights Act [text] not to be deported to any country where they may be subject to persecution. BBC News has more. The detainees are also at the center of the first terror case to come before the UK's highest court since the July bombings. Next month, seven law lords will consider whether evidence extracted by torture abroad should be admissible in British courts. Last year, an appeals court ruled that the SIAC could consider evidence [JURIST report] obtained by interrogations in foreign countries, even if obtained by torture, as long as Britain did not take part in the torture and did not condone it. The upcoming case is seen as a test of whether judges will interfere with the government's anti-terror policies. The Guardian has more.

[JURIST] Australian Prime Minister John Howard [official profile] rejected allegations Monday that Muslims were being targeted by new proposed anti-terrorism laws [JURIST report], saying that the laws were necessary to "protect the Australian community at a time of unprecedented and different threat." Zachariah Matthews, a moderate Islamic leader and head of Mission Islam [advocacy website], has said the proposed law could lead to intolerance and has already incited hatred against Muslims in a small section of the community, adding "the feelings of the general Muslim population in Australia is that we are being collectively punished for actions that are beyond our control." State leaders will convene a security summit Tuesday to discuss the new legislation, which includes stricter investigation of citizenship applicants, jail terms for inciting violence and detention of suspects without charge for up to two weeks. State leaders have threatened to introduce sunset provisions [AAP report] into the terror legislation if the federal government does not agree to the inclusion of time limits at the security summit. AFP has more. The Australian has local coverage.

[JURIST] A Pennsylvania federal court Monday was set to consider whether school districts may teach a concept known as "intelligent design" [Wikipedia backgrounder] prior to teaching biology lessons on evolution. Eight families in Dover, Pennsylvania, claim that teaching the theory in schools is a violation of the separation of church and state [Wikipedia backgrounder]. The "intelligent design" concept, developed by scholars over the last 15 years, sets forth the belief that Charles Darwin's theory of evolution [BBC backgrounder] cannot completely explain the origin of life, contending that an unidentified intelligent force played a role. The eight families suing the school district claim that the theory is not appropriate for the classroom [PDF complaint; ACLU case materials] because it is just a "masked" version of the Bible's story of creation. The Dover Area School District is the first known district in the nation to require teaching of the concept to ninth-graders. In a related decision in 1987, the US Supreme Court ruled in Edwards v. Aguillard [opinion] that states may not mandate public schools to teach creationism in order to balance evolution lessons. AP has more.

[JURIST] The US Senate Monday afternoon will take up the confirmation of Chief Justice nominee Judge John Roberts [JURIST news archive], with two-thirds of the 100 senators having already announced their support. The Senate Judiciary Committee voted to recommend Roberts [JURIST report] for nomination last week by a margin of 13-5, and Roberts is expected to reach the necessary majority vote by the full Senate since all 55 Republicans are anticipated to vote in favor of his confirmation. Of the 44 Democratic Senators, 13 have announced their support of Roberts thusfar, saying that despite their concerns about how Roberts will rule, he is certainly qualified for the Chief Justice role. Meanwhile, Democrats opposing Roberts worry that he will be "staunchly conservative" like Justices Clarence Thomas and Antonin Scalia. The Senate vote is expected to take place no later than Thursday in time for the opening of the Supreme Court's 2005-2006 term on October 3. AP has more. A live webcast of the Senate debate will be available beginning 1:00 PM ET.

[JURIST] Japan's Fukuoka High Court [backgrounder] held Monday that a survivor of the 1945 Nagasaki atomic bombing [Wikipedia backgrounder] living abroad is entitled to the same medical benefits and funeral costs [benefits summary, PDF] as survivors living in Japan, without returning to Japan to file claims. Monday's ruling comes after a 2002 court ruling that attempted to force the government to abandon its policy of excluding overseas survivors from benefits an channel more relief to victims living outside Japan. Choi Kye-chul, a South Korean, filed suit in February 2004 after he was denied benefits even though a certificate granted in 1980 made him eligible for state health care allowances. Of the 285,600 survivors of the Nagasaki and Hiroshima nuclear attacks, 5,000 live abroad, and many have developed radiation-related illnesses, including cancer and liver problems. Survivors living in Japan are currently eligible for monthly allowances of up to $1,250 and free medical checkups and funeral costs. AP has more. Asahi Shimbun has local coverage.

[JURIST] Australian Guantanamo Bay detainee David Hicks [Wikipedia profile; advocacy website], arrested in Afghanistan following the September 11th attacks and facing imminent trial by military commission, is seeking dual citizenship in the UK with the hope that the British government will secure his release from Guantanamo Bay. Unlike Hicks' native Australia, Britain has negotiated the release [JURIST report] of all its citizens detained at the US Naval facility. Lawyers recently discovered that Hicks' mother is a British citizen and under a 2002 citizenship law [UK Home Office backgrounder], children of British mothers are eligible for citizenship. Hicks is scheduled to face a US military trial in October [JURIST report] on terrorism charges including attempted murder and aiding the enemy and the Australian government has welcomed the resumption of Hicks' trial [JURIST report]. AFP has more.

[JURIST] Mohamed ElBaradei [official profile] received unanimous approval Monday to continue as head of the International Atomic Energy Agency (IAEA) [official website] for his third four-year term, after the US ended its opposition to his tenure. ElBaradei's reappointment had been postponed [JURIST report] earlier this year in the face of US criticism over ElBaradei's handling of the agency's negotiations with Iran and nuclear inspections in Iraq prior to the March 2003 war. Last week, European negotiators agreed to drop their demands that Iran be referred to the UN Security Council over its nuclear program and the IAEA board approved a resolution [JURIST report] this weekend declaring Iran in "non-compliance" with the Nuclear Non-Proliferation Treaty [PDF text; JURIST news archive]. ElBaradei denies that Iran is making nuclear weapons and also denies that Saddam Hussein's regime had an active atomic weapons program. AP has more.

[JURIST] In a goodwill gesture that was requested by the Iraqi government for Muslim holy month Ramadan [Wikipedia backgrounder], the US military Monday freed 500 detainees from Iraq's Abu Ghraib prison [JURIST news archive] and the military has said that an additional 500 detainees will be freed [press release] later this week. The released detainees are those deemed to not have committed violent crimes such as bombing, torture, kidnapping or murder. The detainees must also have admitted their crimes and be committed to living a non-violent lifestyle as good citizens of Iraq. The release may also be a tactic to persuade Iraqis to vote in the October 15 referendum on the draft Iraqi constitution [JURIST news archive]. Sunnis who have been involved in the drafting of the constitution have demanded the release of thousands of prisoners and are also calling for a boycott or a vote of no in the referendum. AP has more.

[JURIST] AP is reporting that a Spanish court has convicted a suspected al Qaeda cell leader of conspiracy to commit murder in connection with the September 11 attacks [JURIST news archive] in the US.

8:11 AM ET - Immad Yarkas, the accused leader of al Qaeda's presence in Spain [BBC backgrounder], received a 27 year jail sentence. Two other al Qaeda suspects were acquitted. The verdicts come in Europe's largest trial of alleged al Qaeda members, with 3 men faces charges for helping to organize the September 11 attacks and 21 others charged with membership or association with a terrorist group, weapons possession, falsifying documents and fraud. AP has more.

Previously in JURIST's Paper Chase...

• Spanish trial for 9/11 suspects wraps up
• Spanish prosecutor insists on primacy of "rule of law" at end of 9/11 trial
• Accused al Qaeda leader denies connection to hijackers
• Trial of September 11 suspects opens in Spain
• Spain seeks 74,000-year prison terms for al Qaeda suspects accused in 9/11 plot

[JURIST] Reports of violent crime in the US in 2004 were at their lowest level since the US Department of Justice began compiling statistics 32 years ago, according to a report [PDF text; press release] released Sunday. The Bureau of Justice Statistics study mirrors an FBI report earlier this year [JURIST report] which suggested that murder and violent crime rates were down. Those who are multiracial were reportedly victimized at higher rates than others, with a level of 51.6 per thousand, with blacks victimized at a rate of 26 per thousand and whites at 21 per thousand. Youths, at a rate of 49.7 per thousand, and males, with a rate of 25, were also more likely to be victimized than their elders or females. In addition, 24 million violent and property crimes were reported, echoing the rate reported in 2003. Although guns were used in only 6 percent of non-lethal violent crimes, down 11 percent from the decade-earlier rate, they were used in 71 percent of 2003 murders committed, the most recent year reported. 49 percent of murder victims were black in 2003, the same rate as whites. The report said the violent crime rate fell 57 percent while the crime rate for property fell by 50 percent from 1993 through 2004. The Justice Policy Institute [advocacy website] has said the statistics highlight the need to stop overzealous spending on incarceration in favor of state involvement in the reduction of crime and community building. Reuters has more.

[JURIST] In a briefing [White House transcript] Sunday to military task force officials participating in Hurricane Rita relief efforts, President Bush suggested that the Pentagon, rather than state and local agencies, should be in charge of the response to future substantial disasters. Bush called for "greater federal authority and a broader role for the armed forces," saying the military is "the institution of our government most capable of massive logistical operations on a moment's notice."

Giving the military greater authority to respond to disasters could, however, require changing the Posse Comitatus Act of 1878 [text; NORTHCOM factsheet], which prohibits federal soldiers and National Guard troops under federal control from conducting law enforcement on US soil. In the aftermath of Hurricane Katrina [JURIST news archive], US lawmakers have already started to consider relaxing the Act's standards [JURIST report] and Defense Secretary Donald Rumsfeld is said to be investigating possible reforms to the legislation, considered archaic by some Pentagon officials. Supporters of Posse Comitatus counter that relaxing its terms leaves the federal government poised to embrace further centralization and militarization at home [Cato Institute commentary] and shunts aside state and local officials who are more familiar with local conditions and more connected with local communities [2001 Congressional testimony on potential legal and other problems with federalizing the National Guard during state emergencies, PDF]. Watch recorded video of a 2002 Cato Institute debate on the Posse Comitatus Act. Learn more about the history of the Posse Comitatus Act [USAF backgrounder; RAND Corporation backgrounder, PDF]. The Washington Times has more.

Previously in JURIST's Paper Chase:

• Katrina response has US lawmakers reconsidering Posse Comitatus Act
• Army general stresses military law enforcement aiding civil power after Katrina
• Federal government tried legal takeover of Katrina operations: state official
• Pentagon develops domestic counter-terror plans, but legal problems may ensue
• New defense plan raises questions about domestic legal role of US military