 |
|

Legal news from Wednesday, March 1, 2006 |
 |
|


Supreme Court hears redistricting, tax incentive, sovereign immunity cases
Jeannie Shawl on March 1, 2006 9:06 PM ET

[JURIST] The US Supreme Court [official website] on Wednesday heard oral arguments in four consolidated cases challenging the Texas congressional redistricting plan [Duke Law case backgrounder; merit briefs] approved in 2003 which helped Republicans gain six seats in the US Congress. Opponents of the redistricting plan [official website] told the Court that the plan was unconstitutional and accused the Texas legislature of drawing oddly shaped districts solely to protect Republican interests. The Texas solicitor general said that the plan was meant to remedy a map drawn to benefit Democrats and also argued that the plan does not infringe minority voting rights in violation of the Voting Rights Act [DOJ backgrounder]. AP has more.
The Court also heard arguments in DaimlerChrysler Corp. v. Cuno [Duke Law case backgrounder; merit briefs], where it will decide whether taxpayers can challenge tax incentives given to businesses to encourage economic development. The Court is considering a ruling [PDF text] from the US Court of Appeals for the Sixth Circuit that Ohio's investment tax credit program is unconstitutional. Chief Justice John Roberts seemed to fall on the side of allowing taxpayers to challenge such tax breaks, but Justice Antonin Scalia suggested that the issue was best left to the political arena and was not for the courts to decide. Justice David Souter seemed skeptical of the argument that the program hinders interstate commerce by discriminating against Ohio companies that do business outside the state. AP has more.
In a third case Wednesday, the Court also considered whether an entity that is not entitled to immunity as "an arm of the state" under the Eleventh Amendment can assert "residual sovereign immunity" based on common law as a defense in an admiralty action. In Northern Insurance Co. of NY v. Chatham Co. [Duke Law case backgrounder; merit briefs], an insured's boat was destroyed by a drawbridge operated by Chatham County, Georgia, but when the insurance company sued for negligent maintenance of the bridge, the county government asserted immunity under the Eleventh Amendment. The US Court of Appeals for the Eleventh Circuit ruled [PDF] that the county was acting as an "arm of the state" and was entitled to sovereign immunity based on common law, but not under the Eleventh Amendment.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

Flight attendants union settles with Northwest Airlines, pilots still talking
Christopher G. Anderson on March 1, 2006 3:15 PM ET

[JURIST] Within hours of the court-appointed deadline, leaders of the flight attendants union have reached a tentative settlement with bankrupt Northwest Airlines (NWA) [official website; press release], after the two sides spent over 24 straight hours at the negotiating table in New York, the Minneapolis Star Tribune reported Wednesday. As Wednesday's end-of-the-business day deadline looms, the pilots union, Northwest Airlines Air Line Pilots Association [union website; press release], has yet to reach an agreement with NWA. A spokesman for the pilots' union said the negotiations remain "very fluid" and noted that US Bankruptcy Judge Allan Gropper has twice previously extended bargaining deadlines in the case.
If the flight attendants' deal is approved by a majority of members of the Professional Flight Attendants Association (PFAA) [union website; press release], the agreement would restructure their current collective bargaining agreement. Although the details of the agreement have not yet been released, NWA initially sought to eradicate $195 million - or a 17.5 percent wage decrease - from the PFAA contract and insisted in court briefs that it was unwilling to back down from that "ask."
The deal between the PFAA and NWA eliminates the possibility of a bankruptcy judge rejecting the collective bargaining agreement (CBA) altogether, a prospect that the pilots' union still faces. Section 1113 of the US Bankruptcy Code [text] allows a reorganizing debtor, in this case NWA, to renege on its labor contracts - without penalty - provided the judge finds the debtor renegotiated with the labor unions in good faith.
Should a judge elect to reject the contract and declare the current CBA void, the pilots union has threatened to strike, which analysts predict could force the company into liquidation. NWA insists, however, that the Railway Labor Act (45 U.S.C. 151) [text], which compels parties to a CBA to make "every reasonable effort" to avoid interruptions that would affect mass transportation, would forbid a strike during bankruptcy. The Star Tribune has local coverage. AP has more.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

Gitmo military commission hearings resume for alleged bin Laden bodyguard
Lauren Becker on March 1, 2006 10:29 AM ET

[JURIST] Military commission [JURIST news archive; DOD materials] hearings for two Guantanamo Bay [JURIST news archive] detainees scheduled to begin Wednesday have been delayed, but a third detainee will face a pre-trial hearing [docket, PDF] as scheduled. Ali Hamza al Bahlul [charge sheet, PDF; DOD materials] is accused of serving as Osama bin Laden's bodyguard and making al Qaeda recruiting videos. He has said that he wants to represent himself during proceedings, but the presiding judge has nonetheless appointed military counsel [JURIST report] to represent him. The other scheduled hearings have been delayed to allow the defense lawyer of one detainee more time to prepare and due to the death of the father of the second detainee.
Defense lawyers have sued to stop the war crimes tribunals, convened in August 2004 and the first held by the United States since World War II, arguing that they are fundamentally unfair for several reasons, including the use of secret evidence that the defense will not be allowed to see until trial, and possible use of evidence obtained through torture. The US Supreme Court has agreed to consider [JURIST report] whether President Bush had authority to create military tribunals to try terrorism suspects, and will hear arguments in the case later this month. A ruling is not expected until June or July, but prosecutors are trying to conduct preliminary hearings so that trials may begin immediately after the Supreme Court rules. Reuters has more.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

No proof of CIA secret prisons: Europe report
Jeannie Shawl on March 1, 2006 9:51 AM ET

[JURIST] The Council of Europe [official website] said Wednesday that an investigation into allegations that the US Central Intelligence Agency operated secret prisons [JURIST report] in Europe revealed no "smoking gun" evidence that proved the existence of the prisons. COE Secretary General Terry Davis [official profile], presenting his findings on alleged illegal detentions and rendition flights on European territory based on official replies received from all 46 COE member states, also said that it was "virtually impossible" to determine whether the CIA used European airspace for extraordinary rendition [JURIST news archive] in violation of the European Convention on Human Rights [PDF text].
In a press conference [prepared statement; recorded video] Wednesday, Davis said however, that "Europe appears to be a happy hunting ground for foreign security services" and urged European nations to adopt tougher laws [press release] to guarantee "effective oversight over the activities of foreign agencies on their territory." According to the executive summary of his report [PDF text; COE materials], there are four areas where action should be taken: the rules governing activities of secret services appear inadequate in many States; better controls are necessary, in particular as regards activities of foreign secret services on their territory; the current international regulations for air traffic do not give adequate safeguards against abuse. There is a need for States to be given the possibility to check whether transiting aircraft are being used for illegal purposes. But even within the current legal framework, States should equip themselves with stronger control tools; international rules on State immunity often prevent States from effectively prosecuting foreign officials who commit crimes on their territory. Immunity must not lead to impunity where serious human rights violations are at stake. Work should start at European and international levels to establish clear human rights exceptions to traditional rules on immunity; mere assurances by foreign States that their agents abroad comply with international and national law are not enough. Formal guarantees and enforcement mechanisms need to be set out in agreements and national law in order to protect ECHR rights. Interim COE reports prepared by Swiss legislator Dick Marty, leading a separate inquiry by the COE's parliamentary assembly [JURIST report], have asserted that secret CIA prisons had existed in Europe [report text, PDF; JURIST report], but have so far acknowledged there is no concrete proof of their actual existence. Reuters has more.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

BREAKING NEWS ~ Saddam admits ordering trial of Dujail villagers, but denies crime
Jeannie Shawl on March 1, 2006 8:51 AM ET

[JURIST] Saddam Hussein [JURIST news archive] admitted in court Wednesday that he had ordered the trial of a group of Shiites who were executed under his regime in the 1980s and that he had ordered that their land be confiscated, but he also asserted that his actions were not criminal. Speaking at the close of proceedings at his trial [JURIST news archive] Wednesday at the Iraqi High Criminal Court - formerly the Iraqi Special Tribunal [official website], Hussein told the judges that he was acting as a head of state and that his actions were a justified response to the 1982 assassination attempt on his life. Hussein said that he should be the only one on trial, and that his seven co-defendants were just following his orders as Iraqi president and chairman of the Revolutionary Command Council.
Hussein's 15-minute speech just before chief judge Raouf Abdel-Rahman [BBC profile] was about to adjourn proceedings came at the close of an otherwise calm day. Hussein, whose outbursts have continually disrupted proceedings [JURIST report] since the trial began last October, remained silent as prosecutors continued to present evidence that linked Hussein and his seven co-defendants to a crackdown on villagers in Dujail [JURIST report] following a 1982 assassination attempt on Hussein. On Tuesday, prosecutors introduced an execution order [JURIST report] signed by Hussein approving the hanging of 148 Shiites, who chief prosecutor Jaafar al-Moussawi says never were brought to court for trial. Wednesday's evidence focused mainly on Hussein's co-defendants. One of Hussein's lawyers who walked out on proceedings the day before returned to court Wednesday. Khalil Dulaimi and Khamis al-Obeidi walked out Tuesday after Abdel-Rahman refused a defense request [JURIST report] to remove himself and the chief prosecutor from the trial. Al-Obeidi attended the trial session [BBC report] but Dulaimi, Hussein's chief lawyer, was absent. The trial has now been adjourned until March 12. AP has more.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

International brief ~ Security Council to hear new resolution on Sudan sanctions
D. Wes Rist on March 1, 2006 8:39 AM ET

[JURIST] Leading Wednesday's international brief, a British official has revealed that the UN Security Council [official website] will be presented with a resolution in the next two weeks that will seek to impose mandatory sanctions against up to ten government officials in Sudan [government website] for their involvement in the ongoing humanitarian crisis in Darfur [JURIST news archive]. Security Council members have so far deadlocked [JURIST report] on what sanctions to impose, but if the resolution is approved, the sanctions will include the denial of the right to travel outside of Sudan, the freezing of personal financial assets, and possibly even an order for the International Criminal Court (ICC) [official website] to prepare individual international arrest warrants for those named. The names to be included on the list will not be released until the resolution is made public, but a draft list leaked last week [JURIST report] included Sudanese President Omar al-Bashir. Sudan has continually rejected [JURIST report] the need for ICC involvement and has repeatedly stressed that its own war crimes tribunal [JURIST report] is sufficient to handle the needed prosecutions. JURIST's Paper Chase has continuing coverage of Sudan [JURIST news archive]. Ewen MacAskill of the Guardian has more.
In other international legal news ... - Two Kenyan journalists were detained on Tuesday for publishing a story [Standard report] over the weekend concerning the alleged meeting of Kenyan President Mwai Kibaki [BBC profile] with Mwingi North Member of Parliament Kalonzo Musyoka over two weeks ago. The two journalists, members of the Standard media group, have not been charged but were informed that the criminal investigations department of the local police had been ordered to detain the men and await instructions "from above" concerning their status. The meeting allegedly involved Kibaki offering a government position to Musyoka in exchange for his defection from the opposition ODM party to Kibaki's own political party. Lawyers for the journalists have already filed legal challenges to the detention. The East African Standard has local coverage.
In related news, the Nairobi High Court has issued a temporary stay against the Standard newspaper, preventing them from publishing any stories that attempt to connect prominent Nairobi businessman Jimmy Wanjigji to the Anglo Leasing scandal [Wikipedia backgrounder]. The stay will remain in effect until the court hears a defamation case on March 10 filed by Wanjigji against the Standard. Wanjigji claims that a previous story by the newspaper caused him "substantial loss and prejudice of reputation." JURIST's Paper Chase has continuing coverage of Kenya [JURIST news archive]. KBC has local coverage.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

Montenegro accepts EU plan for independence vote, delays referendum
Angela Onikepe on March 1, 2006 7:24 AM ET

[JURIST Europe] The Montenegrin government [official website] agreed Tuesday to delay the republic's independence referendum from Serbia originally scheduled for April 30 [JURIST report] and accept a controversial formula proposed by the European Union (EU) [official website]. The EU said earlier in the week that it would consider the referendum to be valid only if there is a 55% majority, a turnout of at least 50% of eligible voters, and a clear and simple question to be voted on. Although supportive of Montenegro's independence, Montenegrin Prime Minister, Milo Djukanovic [BBC profile] had criticized the formula as "undemocratic".
The referendum is set to take place on May 21, 2006, one week later than recommended by European Envoy for the Montenegro Referendum Miroslav Lajcak. Regular local elections, which were initially to be held at the same time as the referendum, will now be held in the fall along with parliamentary elections. The Montenegro Parliament [official website] is expected to adopt the bill containing the referendum in a session to be held Wednesday. Montenegro was incorporated into the loose union of Serbia-Montenegro in 2003. Serbian nationalists within Montenegro have warned of a civil war if the referendum passes. Recent opinion polls show that 55% of the population favors independence. EUObserver has more.
Angela Onikepe is an Associate Editor for JURIST Europe, reporting European legal news from a European perspective. She is based in the UK.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|
| For more legal news check the Paper Chase Archive...
|
|
|