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Legal news from Thursday, October 20, 2005 |
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New House bill would split Ninth Circuit, add federal judges
Joshua Pantesco on October 20, 2005 7:37 PM ET

[JURIST] Rep. James Sensenbrenner, Jr. (R-WI) [official profile], chairman of the US House Judiciary Committee [official website], introduced new legislation Thursday to split the US Ninth Ciruit that would create a new US Twelfth Circuit Court of Appeals covering Alaska, Arizona, Idaho, Montana, Nevada, Oregon, and Washington. Under the Federal Judgeship and Administrative Efficiency Act of 2005 (HR 4093) [text not yet published] a reduced Ninth Circuit would serve California, Guam, Hawaii, and the Northern Mariana Islands. Following recommendations made by the US Judicial Conference [official website], the bill would also authorize the President to appoint five permanent and two temporary judges to the new Ninth Circuit who would sit in California. The legislation also calls for 12 new circuit court seats and 56 new district court seats, as well as 24 new bankruptcy judgeships. Said Sensenbrenner: The Ninth has become so big -- in geographic size, in workload, in number of active and senior judges - that it can no longer appropriately discharge its civic functions on behalf of the American people." Splitting the sometimes-controversial and often relatively-liberal Ninth Circuit has been proposed before; the House approved a similar proposal [JURIST report] last October before it was quashed in the Senate. Read the House Judiciary Committee press release.


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Motorola sues incoming Nortel head for stealing trade secrets, breach of contract
Christopher G. Anderson on October 20, 2005 2:52 PM ET

[JURIST] Motorola [corporate website] has filed a lawsuit against the incoming CEO of Nortel Networks [corporate website], claiming the Canadian telecommunication equipment company's move to hire its former chief operating officer will inevitably result in the use and disclosure of Motorola's trade secrets. Nortel hired Mike Zafirovski [press release] as its president and CEO, effective November 15, after he resigned from Motorola earlier this year. The lawsuit also claims that Zafirovski breached agreements with his former company by accepting employment with Nortel. Motorola, the world's No. 2 maker of mobile phones, is seeking, among other relief, an injunction to enjoin Zafirovski from working at Nortel for two years, from soliciting or hiring Motorola employees, and from utilizing or disclosing Motorola's confidential information. CBC News has more.


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New alliance proposes amendments to UK religious hate law
Holly Manges Jones on October 20, 2005 11:38 AM ET

[JURIST] An alliance of British writers, comedians, and bishops Thursday proposed amendments they want added to the Racial and Religious Hatred Bill [text], which was debated [JURIST report] last week in the UK House of Lords [official website]. Comedic actor Rowan Atkinson [profile] and former Archbishop of Canterbury Lord Carey are part of the coalition proposing safeguards that will protect people and not ban comments or jokes made against religious beliefs. The amendments propose that only individuals with intentions to "stir up hatred" should be found guilty of religious hate crimes; only threatening words should be banned rather than abusive or insulting comments; and discussion, criticism of expressions of antipathy, dislike, ridicule, insult, or abuse of particular religions or beliefs should not be banned. The government has said that the attorney general will need to approve every prosecution under the new bill, which will lessen "frivolous" cases being brought. The proposed bill is scheduled to enter the committee stage in the House of Lords next week. BBC News has more.
Previously in JURIST's Paper Chase...


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Bush 'faith-based initiative' wins victory, though legal challenges continue
Holly Manges Jones on October 20, 2005 10:13 AM ET

[JURIST] President Bush's "faith-based initiative" to get taxpayer funding to religious charities won a legal victory recently when a US federal judge ruled that religious groups are able to hire and fire employees based on their religious beliefs and practices, even if their salaries are funded by taxpayers. The case had been brought by eighteen Salvation Army [organization website] employees who claim they were fired or demoted for refusing to reveal what church they attended, name gay co-employees, or pledge support to the Salvation Army's message of "proclaiming Jesus Christ as Savior and Lord." H. James Towey, director of the White House Office of Faith-Based and Community Initiatives [official website], called the decision "huge" saying, "It's certainly a vindication of what President Bush has been saying from Day One -- that religious groups do not have to sell their soul, compromise their hiring practices, in order to partner with government in providing social services."
Meanwhile, the Freedom From Religion Foundation (FFRF) [advocacy website] won a victory for critics of Bush's faith program last week when the US Department of Education [official website] suspended a $435,000 grant for Alaska Christian College [FFRF press release], a school run by the Evangelical Covenant Church, because the curriculum was almost entirely religious and the grant amounted to an "unconstitutional endorsement of religion." Another related trial brought by the Americans United for Separation of Church and State [advocacy website] is set to begin in Iowa Monday, which will challenge the constitutionality of funding for the state's prison ministry InnerChange program that describes itself as "Christ-centered." Thursday's Washington Post has more.


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Former Australian PM bashes new anti-terror laws
Holly Manges Jones on October 20, 2005 9:07 AM ET

[JURIST] Former Australian Prime Minister Malcolm Fraser [official profile] Wednesday voiced his strong opposition to new anti-terrorism proposals [draft law text, PDF] from current Prime Minister John Howard [official profile], which were leaked [JURIST report] by an Australian state leader earlier this month. The laws allow up to 14 days of "preventive detention" and planned control orders, which Fraser argues will not effectively prevent terrorism. Fraser called the laws arbitrary, saying there were no adequate judicial review measures in place, and argued that the laws are based on a trust that the Australian government "has not earned." Fraser, also a member of Howard's Liberal Party, called the process of introducing the reforms "seriously flawed" and commented, "Instead of wide-ranging discussions, the government has sought to nobble the field in secret and to prevent debate." Earlier this week, Howard said he would not be swayed toward weakening the anti-terrorism measures [JURIST report], despite voiced criticism against the laws [JURIST report] by civil liberties groups. UPI has more. From Melbourne, the Age has local coverage.


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