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Legal news from Monday, May 2, 2011




Supreme Court to hear Jerusalem passport, arbitration cases
Jaclyn Belczyk on May 2, 2011 3:01 PM ET

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[JURIST] The US Supreme Court [official website; JURIST news archive] on Monday granted certiorari [order list, PDF] in MBZ v. Clinton [docket; cert. petition, PDF] to determine whether the political question doctrine [Cornell LII backgrounder] deprives a federal court of jurisdiction to enforce a federal statute that explicitly directs the secretary of state how to record the birthplace of an American citizen on a Consular Report of Birth Abroad and on a passport. US citizen Menachem Zivotofsky was born in Jerusalem in 2002. His parents asked the State Department to record his place of birth as Jerusalem, Israel, but were told it could only be listed as Jerusalem because the US does not recognize any country as having sovereignty over Jerusalem. His parents filed suit in 2003, and a federal district court dismissed the suit as a political question.

The court also agreed to decide in CompuCredit Corp. v. Greenwood [docket; cert. petition, PDF] whether claims arising under the Credit Repair Organizations Act [15 USC § 1679 et seq.] are subject to arbitration pursuant to a valid arbitration agreement. The case arises from a dispute between consumers and companies that issue low-rate credit cards to people with bad credit. The consumers filed a lawsuit over credit card fees, and the US Court of Appeals for the Ninth Circuit ruled [opinion, PDF] that they had a right to sue in federal court rather than face arbitration. There is a circuit split on the issue.




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Israel ex-president appeals rape conviction to high court
Julia Zebley on May 2, 2011 2:52 PM ET

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[JURIST] Former Israeli president Moshe Katsav [BBC profile; JURIST news archive] appealed to the Israeli Supreme Court [official website, in Hebrew] on Monday, shortly before he was to begin a seven-year prison sentence for rape and sexual assault [JURIST report]. The 300-page appeal includes requests [Jerusalem Post report] that Katsav's prison term be postponed until after his appeal as well as for the court to show "special consideration" in deference to Katsav's former status as a state figure. The Tel Aviv District Court [official website] convicted Katsav [JURIST report] in December, finding that he assaulted a female employee of the Department of Tourism during his time as minister and two women at the President's Residence during his time as president. Katsav's appeal puts forth that his relationship with the female employee was consensual and the trying judiciary was biased against him due to the media's pervasiveness during the trial. Although the appeal has not been made public, Katsav's defense team has requested the Supreme Court release all documents surrounding it. A decision on the document release is expected for Thursday.

Katsav was initially indicted on rape charges [JURIST report] in 2009 for allegedly assaulting female employees in the 1990s. In 2008, Katsav rejected a plea agreement [JURIST report] that would have permitted him to plead guilty to lesser charges of indecent assault, sexual harassment and obstruction of justice in exchange for a suspended sentence and the dropping of rape charges. The plea deal had been criticized [JURIST report] by women's and civil rights activists, prompting five separate petitions to overturn the agreement.




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China laws limiting death penalty take effect
Matt Glenn on May 2, 2011 12:23 PM ET

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[JURIST] An amendment to Chinese law abolishing the death penalty [JURIST news archive] for 13 crimes passed in February [JURIST report] by the standing committee of the National People's Congress (NPC) [official website] went into effect on Sunday. The list of crimes for which the death penalty was abolished include non-violent and economic crimes [China Daily report] such as tax fraud; financial fraud; smuggling of precious metals, cultural relics and rare animals; teaching of crime-committing methods and robbing ancient cultural ruins. Another law that went into effect Sunday adds harsher penalties, including possibility of the death penalty, for producers of tainted food. Other changes to Chinese law taking effect Sunday included an indoor smoking ban [Xinhua report] in public places and increased penalties for drunk driving.

The amendment was originally proposed [JURIST report] in August, and Amnesty International (AI) [advocacy website] has criticized the measure as legal housekeeping because the crimes are rarely punished by execution [BBC report]. AI estimates that China executes thousands of people every year—more than the rest of the world combined—but the actual figure is a closely guarded state secret. Last February, the Supreme People's Court of China [official website, in Chinese] issued new guidelines for limiting capital punishment [JURIST report] in Chinese courts to "extremely serious" crimes.




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US forces kill Osama Bin Laden in firefight
Matt Glenn on May 2, 2011 11:43 AM ET

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[JURIST] US President Barack Obama [official profile] announced [statement] Sunday night that earlier in the day a small team of US military personnel attacked a compound in which al Qaeda leader Osama Bin Laden [WP obituary; JURIST news archive] had been hiding, killing Bin Laden and taking possession of his body. Bin Laden had topped the US list of Most Wanted Terrorists [FBI backgrounder] and is believed to have approved or helped plan many notorious terror attacks including those against New York and Washington DC on September 11, 2001, the 2000 bombing of the USS Cole [JURIST news archives], attacks on US embassies in Kenya and Tanzania [PBS backgrounder] in 1998 and the 1993 bombing of the World Trade Center. Celebrations broke out across the US [USA Today report] as people learned the news of the al Qaeda leader's death, with large gatherings in front of the White House and at the former site of the World Trade Center. Political leaders across the globe expressed relief [BBC report] at Bin Laden's death. The US Department of State [official website] issued a worldwide travel alert [text] following Obama's announcement, urging US citizens abroad to be vigilant of their surroundings and recommending that those in areas of strong anti-American sentiment stay inside or close to their homes or hotels and avoid large gatherings. The alert also warned that some US embassies may adjust their schedules and services or even shut down briefly.

As founder and leader of al Qaeda [JURIST news archive], Bin Laden represents the highest profile terror target captured or killed by the US. Last month, the US Department of Defense (DOD) [official website] announced that alleged former al Qaeda chief in the Arabian Peninsula and accused mastermind of the USS Cole bombing Abd al-Rahim al-Nashiri [JURIST news archive] will be tried in a military court [JURIST report] rather than in a civilian criminal court. Also last month, US Attorney General Eric Holder announced that Khalid Sheikh Mohammed [BBC report; JURIST news archive], a high-ranking al Qaeda member whom US officials say was principally responsible for planning the 9/11 attacks, will be tried by a military tribunal [JURIST report] as well. Mohammed has also admitted involvement in the 2002 beheading [JURIST report] of US journalist Daniel Pearl [JURIST news archive], the 2002 Bali nightclub bombing [BBC backgrounder; JURIST news archive] and the 1993 World Trade Center bombing. The detention and treatment of accused al Qaeda members held at Guantanamo Bay [JURIST news archive] has generated controversy in the US and throughout the world [JURIST reports].




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Supreme Court rules for Wyoming in water dispute
Jaclyn Belczyk on May 2, 2011 10:26 AM ET

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[JURIST] The US Supreme Court [official website; JURIST news archive] on Monday ruled [opinion, PDF] 7-1 in Montana v. Wyoming [Cornell LII backgrounder; JURIST report] for Wyoming in a dispute with Montana over water rights to the Tongue and Powder rivers. Montana claimed that Wyoming violated the Yellowstone River Compact [text, PDF; materials], which allocates water rights to the two Yellowstone River tributaries, by allowing the construction of water storage facilities and the expansion of irrigation. In 2008, the court appointed [order, PDF; JURIST report] a special master [Cornell LII backgrounder] to investigate and oversee the lawsuit, which was filed directly in the Supreme Court, as it has original [Article III, Section 2 text] and exclusive jurisdiction [28 USC 1251 text] over disputes between states. In his first interim report [text, PDF], the special master determined that Montana failed to state a claim because more efficient irrigation systems are permissible under the compact so long as the conserved water is used to irrigate the same acreage watered in 1950. The court agreed, and, in an opinion authored by Justice Clarence Thomas, overruled Montana's exception to that conclusion:
We conclude that the plain terms of the Compact protect ordinary "[a]ppropriative rights to the beneficial uses of [water] ... existing in each signatory State as of January 1, 1950." ... And the best evidence we have shows that the doctrine of appropriation in Wyoming and Montana allows appropriators to improve the efficiency of their irrigation systems, even to the detriment of downstream appropriators. Montana's allegation that Wyoming has breached Article V(A) of the Compact by allowing its pre-1950 water users to increase their irrigation efficiency thus fails to state a claim. Accordingly, Montana's first exception to the Special Master's First Interim Report is overruled.
Justice Antonin Scalia dissented. Justice Elena Kagan took no part in the decision.

Also Monday, the court issued a per curiam opinion [text, PDF] in Bobby v. Mitts [SCOTUSblog backgrounder]. The court reversed the decision of the US Court of Appeals for the Sixth Circuit, which had ruled in favor of an Ohio death row inmate. Relying on it's decision last year in Smith v. Spisak [JURIST report], the court ruled that the jury instructions did not violate the defendant's rights.




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