JURIST Supported by the University of Pittsburgh
PAPER CHASE ARCHIVEDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.
Listen to Paper Chase!


Legal news from Sunday, December 13, 2009




Bulgaria to consider accepting Guantanamo detainee
Patrice Collins on December 13, 2009 1:46 PM ET

[JURIST] Bulgarian Prime Minister Boyko Borisov [official profile, in Bulgarian] agreed [Standart report] Saturday to consider accepting one Guantanamo Bay [JURIST news archive] detainee after a request from the Obama administration, though the Bulgarian Parliament [official website, in Bulgarian] would make the final decision. Borisov stated that Bulgaria will be supported by its North Atlantic Treaty Organization (NATO) [organization website] allies for its decision but does not expect something in return from the US. The Bulgarian media claims that it received a letter [Mediapool report, in Bulgarian] written by US special envoy Daniel Fried to Borisov, asking Bulgaria to accept Guantanamo prisoners. Fried is reported to have already discussed the transfer with Bulgarian Interior Minister and Deputy Prime Minister Tsvetan Tsvetanov [SNA backgrounder]. Council of Europe [official website] Commissioner for Human Rights Thomas Hammarberg [official profile] has previously called upon [JURIST report] European states to open their doors to Guantanamo prisoners.

Earlier this month Albanian Prime Minister Sali Berisha [official website] told reporters that closing Guantanamo is "human rights issue" when expressing his willingness [JURIST report] to accept more detainees. In November, four Guantanamo detainees were transferred to three European countries, as the detainee population at the detention facility continues to be reduced. Two Tunisian natives were transferred to Italy [press release] where they will stand trial. The other detainees include an unidentified Palestinian man transferred to Hungary [press release] and an Algerian who was transferred to France [press release]. In September, Belgium accepted a detainee for resettlement after sending a delegation to Guantanamo to interview [JURIST reports] the candidate.






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


Ninth Circuit denies disclosure of Proposition 8 internal campaign documents
Zach Zagger on December 13, 2009 11:11 AM ET

[JURIST] The US Court of Appeals for the Ninth Circuit [official website] ruled [opinion, PDF] Friday that California same-sex marriage [JURIST news archive] supporters cannot access Proposition 8 [JURIST news archive] supporters' internal campaign communications. The court denied disclosure of the documents on First Amendment [text] grounds, finding that it would violate the right of freedom of association. Proponents of same-sex marriage wanted to use the documents as evidence in the upcoming suit challenging Proposition 8 to show that its passage was "the result of disapproval or animus against a politically unpopular group." The court, however, did not agree that this was a valid reason to infringe First Amendment rights:


Where, as here, discovery would have the practical effect of discouraging the exercise of First Amendment associational rights, the party seeking discovery must demonstrate a need for the information sufficiently compelling to outweigh the impact on those rights. Plaintiffs have not on the existing record carried that burden in this case.

The ruling reverses a decision by Judge Vaughn Walker of the US District Court for the Northern District of California [official website], which had compelled disclosure. The case is scheduled to go to trial before Walker on January 11.

Last month, the Ninth Circuit affirmed [JURIST report] Walker's denial of a motion to intervene in the suit by conservative advocacy group the Campaign for California Families. The group sought to intervene because it believed that the current groups defending the suit would not adequately represent its interests. Walker ruled in August that several advocacy organizations representing both sides of the issue could not intervene in the lawsuit [complaint, PDF] challenging Proposition 8. The lawsuit was filed [JURIST report] in May by former US solicitor general Ted Olson and prominent litigator David Boies [professional profiles], who were opposing counsel in Bush v. Gore [opinion], which decided the outcome of the contested 2000 US Presidential election [JURIST backgrounder].





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

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


LATEST OP-ED

The War on Terror and the Need for Muslim Support
DOMESTIC
Faisal Kutty
Valparaiso University Law School

Get JURIST legal news delivered daily to your e-mail!

SYNDICATION

Add Paper Chase legal news to your RSS reader or personalized portal:
  • Add to Google
  • Add to My Yahoo!
  • Subscribe with Bloglines
  • Add to My AOL

E-MAIL

Subscribe to Paper Chase by e-mail. JURIST offers a free once-a-day digest [sample]. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.


R|mail e-mails individual Paper Chase posts through the day. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.

PUBLICATION

Join top US law schools, federal appeals courts, law firms and legal organizations by publishing Paper Chase legal news on your public website or intranet.

JURIST offers a news ticker and preformatted headline boxes updated in real time. Get the code.

Feedroll provides free Paper Chase news boxes with headlines or digests precisely tailored to your website's look and feel, with content updated every 15 minutes. Customize and get the code.

ABOUT

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.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org