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Legal news from Friday, December 4, 2009




DOJ civil rights enforcement dropped under Bush administration: report
Jaclyn Belczyk on December 4, 2009 3:08 PM ET

[JURIST] Enforcement of various civil rights laws decreased during the Bush administration, according to a report [text, PDF; summary] released Thursday by the US Government Accountability Office (GAO) [official website]. The GAO studied the activities of the Civil Rights Division of the US Department of Justice (DOJ) [official websites] between 2001 and 2007. According to the report, DOJ lawsuits to enforce laws prohibiting race or sex discrimination in employment fell [NYT report] from about 11 per year under the Clinton administration to about 6 per year under the Bush administration. There was also a drop in the number of cases brought under the Voting Rights Act from more than four cases a year under Clinton to fewer than two cases a year under Bush. The US House of Representatives held a hearing [materials; recorded video] Thursday on oversight of the Civil Rights Division, at which GAO Director of Homeland Security and Justice Issues Eileen Regen Larence recommended [testimony, PDF]:


that to strengthen the Division's ability to manage and report on the four sections' enforcement efforts, the Acting Assistant Attorney General of the Division, among other things, (1) require sections to record data on protected class and subject in the Division's case management system in order to facilitate reporting of this information to Congress, and (2) as the Division considers options to address its case management system needs, determine how sections should be required to record data on the reasons for closing matters in the system in order to be able to systematically assess and take actions to address issues identified.

Assistant Attorney General Thomas Perez [official profile] said [testimony, PDF] that the DOJ is "working to comply fully with the GAO's recommendations."

In September, US Attorney General Eric Holder [official profile] said that the DOJ planned to expand its Civil Rights Division [JURIST report] and more actively enforce anti-discrimination laws. The increased focus on civil rights marks a change in focus from the previous administration, which, according to the New York Times [NYT report; JURIST report], shifted resources from preventing racial discrimination to protecting religious rights. Among the new measures described by Holder were President Barack Obama's plan to add more than 50 lawyers to the Civil Rights Division and increased enforcement of anti-discrimination laws in areas in which minorities are often adversely affected, including housing and employment. At his swearing-in ceremony, Holder pledged [JURIST report] to restore the traditions of fairness and neutrality to the department.





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JURIST named in ABA list of top legal news websites
Jaclyn Belczyk on December 4, 2009 2:56 PM ET

[JURIST] JURIST's Paper Chase legal news service has been named as one of the "100 best Web sites by lawyers, for lawyers" as chosen by the editors of the ABA Journal, the flagship magazine of the American Bar Association. Ranking Paper Chase among their top 12 legal news websites, the ABA Journal Third Annual Blawg 100 applauded JURIST's format of linking readers to primary source documents:


Stories here never lack for sources, always linking to original reports, legal documents and information on the people making news. Check out this site for frequent updates on the courts’ treatment of Guantanamo detainees.

This is the third ABA Blawg 100 nomination for JURIST's Paper Chase in as many years. JURIST readers are encouraged to register with ABAJournal.com and vote for JURIST's Paper Chase as their favorite legal website. Voting will remain open until December 31, and the winners will be announced in February.

Headquartered at the University of Pittsburgh School of Law [law school website], JURIST is powered by a team of some 35 law student reporters, editors, and web developers [staff list] led by law professor Bernard Hibbitts [profile] who volunteer their time and talent to the project, working with leading legal experts from around the world to provide up-to-the minute legal news, primary source research, and analysis as an educational service to the public and the legal community. Established in 2004, Paper Chase is JURIST's flagship service, staffed by 23 law students under the direction of Research Director Jaclyn Belczyk.





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Texas executes death row prisoner despite mental impairment defense
Steve Dotterer on December 4, 2009 11:35 AM ET

[JURIST] The State of Texas executed death row inmate Bobby Wayne Woods [TDCJ profile] by lethal injection Thursday, over the objections of lawyers who argued Woods was mentally impaired and thus could not be executed under federal law. Defense lawyers argued that Woods's IQ fell below 70, a number used generally as a threshold for mental retardation. The Texas Court of Appeals rejected [opinion, PDF] this argument, citing evidence that Woods' IQ was as high as 86. Earlier this week, the Texas Board of Pardons and Paroles [official website] voted against granting Woods clemency. The US Supreme Court [official website] also denied [order, PDF] Woods's lawyers' request [docket] to halt the execution.

Woods was convicted of breaking into his former girlfriend's house in 1997 and sexually assaulting, abducting, and murdering her 11-year-old daughter. Woods was convicted and sentenced to death in 1998. Despite repeated appeals, Woods was unsuccessful in having his sentence permanently stayed. Mentally retarded persons cannot be executed under the US Supreme Court's 2002 ruling in Atkins v. Virginia [opinion]. Texas is one of 37 states that maintains the death penalty [TDCJ backgrounder; JURIST news archive].






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Serbia ICTY cooperation progressing: report
Sarah Paulsworth on December 4, 2009 10:29 AM ET

[JURIST] Serbia is cooperating with the work of the International Criminal Tribunal for the former Yugoslavia (ICTY) [official website; JURIST news archive], according to a report [text, PDF] presented [statement, PDF] Thursday to the UN Security Council [official website] by Chief War Crimes Prosecutor Serge Brammertz [official profile]. Brammertz noted the need to catch two remaining fugitives, Ratko Mladic [ICTY materials; amended indictment, PDF] and Goran Hadzic [ICTY materials; indictment], but praised Serbia for the progress it has made:


Since the last briefing to the Council, Serbia's cooperation with my Office has continued to progress. Prosecution requests to access documents and archives are being dealt with more expeditiously and effectively. It is important that the authorities continue to provide this level of assistance, which will remain crucial during current and future trial and appeals work.

This progress could put Serbia's bid for EU membership back into motion by unfreezing Serbia's Interim Trade Agreement [text, PDF], said [press release, in Serbian] Serbian President Boris Tadic [official website, in Serbian]. The Netherlands, which had an integral role in the freezing of Serbia's Interim Trade Agreement until full Serbian cooperation with the ICTY was achieved, responded positively to Brammertz's report, with Dutch Minister of Foreign Affairs Maxime Verhagen [official profile, in Dutch] saying [press release, in Dutch], "[t]he reporting of Brammertz is positive. I will next week with my European colleagues discuss what this means for deciding on the integration process of Serbia."

Last year, then-ICTY president Fausto Pocar called for the arrest [JURIST report] of of Mladic and Hadzic, while speaking before the UN General Assembly [official website]. In September 2008, Brammertz told reporters in Serbia that he was "cautiously optimistic" [JURIST report] that Mladic and Hadzic would be brought to justice. International pressure for the capture of the two has increased since the July 2008 arrest [JURIST report] of former Serb leader Radovan Karadzic [ICTY materials; JURIST news archive], currently on trial before the ICTY. In August 2008, Tadic said that his country would fully cooperate with the ICTY [JURIST report] to find and arrest Mladic and Hadzic. Mladic faces charges of genocide and crimes against humanity for overseeing the Srebrenica [JURIST news archive] prison massacre and other killings of Bosnian Muslims and Croats, while Hadzic faces crimes against humanity charges for killings of non-Serbs and for abuses in Croatian prison camps.





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Myanmar high court to consider Suu Kyi appeal
Jaclyn Belczyk on December 4, 2009 9:05 AM ET

[JURIST] Myanmar's Supreme Court has agreed to consider an appeal by opposition pro-democracy leader Aung San Suu Kyi [BBC profile; JURIST news archive] against the 18-month extension of her house arrest, officials said Friday. Suu Kyi's lawyers filed the appeal last month after a lower court rejected [JURIST reports] an earlier appeal. A judge will hold a preliminary hearing [NYT report] on December 21 to decide whether the appeal will be considered by the full court. If the judge rejects her appeal at that point, Suu Kyi may request a special leave to appeal, which would be heard by the chief justice.

The extension of Suu Kyi's house arrest stems from an August conviction [JURIST report] for violating state security laws by allowing American John Yettaw to stay in her home after he swam across a lake to get there. Yettaw, who was sentenced to seven years in prison with four years of hard labor, was released [JURIST report] in August after negotiations with US Senator Jim Webb (D-VA). Suu Kyi has spent 14 of the last 20 years in detention, and her latest conviction has been condemned [BBC report] by many world leaders and has given rise to international sanctions [JURIST report] against Myanmar's junta and members of the judiciary.






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Military judge denies admission of new charges against Guantanamo detainee
Ximena Marinero on December 4, 2009 7:33 AM ET

[JURIST] A US military judge ruled [opinion, PDF] Thursday that the US government may partially amend the charges against Guantanamo Bay [JURIST news archive] detainee Ibrahim Ahmed al Qosi [DOD materials] by changing his jurisdictional basis, but may not include four additional years of alleged activities under the charges. In this first application of the Military Commissions Act of 2009 [text, PDF] to pending military trials cases, Air Force Lt. Col. Nancy Paul allowed the government to amend charges [charge sheet, PDF] against al Qosi as an "unprivileged enemy belligerent," in substitution of "unlawful enemy combatant." Paul ruled that the remaining changes pertaining to an additional period between 1992 and 1996 in which al Qosi allegedly managed Osama bin Laden's payroll:


are essentially new and additional offenses and contain substantial matters not fairly included in those previously referred. Additionally, significantly changing the charges and specifications ... brings unfair surprise to the Accused.

In a separate ruling, Paul ordered that a hearing be held on Junuary 6, 2010 for the government to establish personal jurisdiction of the Accused since:

a pretrial finding by the military judge by a preponderance of the evidence that the Accused is an alien unprivileged enemy belligerent does not eliminate the requirement for the Commission members to find beyond reasonable doubt the Accused's status if an element of the offense.

Al Qosi is accused of serving as Bin Laden's bodyguard and driver in Afghanistan, as a supply officer at a Jalalabad compound, and as a member of a mortar crew. In October, military judges granted continuances [JURIST report] for prosecutors in the case against al Qosi, as well as in the case against Noor Uthman Mohammed [DOD materials]. At the time, it was expected that the continuances would make way for a decision on whether to hold the remaining Guantanamo detainee proceedings in civilian or military court. Last month, US Attorney General Eric Holder [official website] announced that five men accused of conspiring to commit the 9/11 terrorist attacks [JURIST news archive] will be tried in civilian courts [JURIST report].





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