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Legal news from Monday, January 9, 2012 |
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Israel lawmakers approve bill banning use of Nazi symbolism
Jamie Davis on January 9, 2012 3:12 PM ET

[JURIST] An Israeli government panel on Monday approved a bill that would make it illegal to use any Nazi symbols, names, or images, including the use of the term "Nazi" and any clothing resembling that worn by prisoners at concentration camps. A government committee approved the bill [Ynetnews report] proposed by Knesset [official website] Member Uri Ariel which would impose a fine up to USD $26,000 and a possible jail sentence of six months. The bill was not approved by the Ministry of Justice, but Justice Minister Yaakov Ne'eman said the bill will be supported after it is changed to coordinate policies of the Ministry of Justice and the Ministry of Public Security [official websites] in order to avoid infringement on rights to freedom of expression. Nazi symbols will be allowed to be used for educational and historical purposes.
Apart from Israel, Nazi symbolism has been controversial in other countries as well. In 2007, the German Federal Court of Justice ruled Nazi symbols could be used to protest extremism [JURIST report], overturning a prior decision by a state court in Stuttgart. The lower court had ordered Juergen Kamm, who began an Internet company called Nix Gut, to pay a fine of 3,600 euros (US $4,600) for selling T-shirts and badges featuring a swastika surrounded by a red circle and slash. Judge Walter Winkler ruled that for any symbol to be allowed, the anti-Nazi meaning had to be immediately apparent. In 2005, The EU ended consideration of proposals [JURIST report] that would have banned Nazi symbols in the 25-country bloc after it became apparent that member states could not agree on which symbols should be included in the ban.


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Supreme Court hears arguments in Texas redistricting case
Jaclyn Belczyk on January 9, 2012 2:33 PM ET

[JURIST] The US Supreme Court [official website] heard oral arguments [day call, PDF] in three cases Monday, including the Texas redistricting controversy [transcript, PDF]. The court agreed last month to hear an emergency appeal [JURIST report] challenging an interim map drawn up by the US District Court for the Western District of Texas while a separate map drawn up by the state legislature is currently being challenged in the US District Court for the District of Columbia [official websites] for compliance with the Voting Rights Act (VRA) [Cornell LII backgrounder]. Two of the cases are titled Perry, et al. v. Perez, et al. and will deal with the Texas state House and the US congressional delegation, respectively, and the third case, titled Perry, et al. v. Davis, et al., deals with the Texas state senate. It was unclear Monday how the justices would decide the case, but they must act quickly, with the 2012 primary elections approaching.
In Sackett v. Environmental Protection Agency [transcript, PDF; JURIST report], the court heard arguments on whether the Environmental Protection Agency (EPA) [official website] can enforce a compliance order issued without any opportunity to contest the order. The Sacketts own land near Priest Lake, Idaho, on which they intended to build a house. After purchasing the property and obtaining local permits, they began to grade the land for construction of a house. They received an EPA Administrative Compliance Order that said the grading of the land was in violation of the Clean Water Act (CWA) [text, PDF] and imposed harsh civil penalties for non-compliance. The Sacketts disagree that their property is a wetland under the meaning of the CWA. The case raises the issue of whether the CWA precludes pre-enforcement judicial review, and if so, whether that violates the petitioner's Due Process [Cornell LII backgrounder] rights. The US Court of Appeals for the Ninth Circuit upheld [opinion, PDF] the dismissal of the suit. The justices appeared skeptical of the EPA's arguments Monday, with Justice Samuel Alito asking the EPA's lawyer, "if you related the facts of this case as they come to us to an ordinary homeowner, don't you think most ordinary homeowners would say this kind of thing can't happen in the United States?"
In Kappos v. Hyatt [transcript, PDF; JURIST report], the court heard arguments on patent law. When the US Patent and Trademark Office (PTO) [official website] denies an application for a patent, the applicant may seek judicial review of the agency's final action through either of two avenues. The applicant may obtain direct review of the agency's determination in the US Court of Appeals for the Federal Circuit under 35 USC § 141 [text]. Alternatively, the applicant may commence a civil action against the Director of the PTO in federal district court under 35 USC § 145 [text] The court will decide whether a plaintiff in a § 145 action may introduce new evidence that could have been presented to the agency in the first instance. The court will also consider whether, when new evidence is introduced under § 145, the district court may decide de novo the factual questions to which the evidence pertains, without giving deference to the prior decision of the PTO. The Federal Circuit held [opinion, PDF] that "§ 145 imposes no limitation on an applicant's right to introduce new evidence before the district court."


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Rights group says violence in North Africa, Middle East likely to continue
Jamie Davis on January 9, 2012 2:00 PM ET

[JURIST] Violence and protests in Middle Eastern and North African countries are likely to continue throughout the next year unless each country's government recognizes the purpose behind the movement and makes the changes being asked of them, Amnesty International (AI) [advocacy website] reported [text, PDF] Monday. The 80-page report also says that those participating in the protest movement [WP backgrounder], commonly referred to as "Arab Spring," for complete government reform in countries including Libya, Egypt and Iraq [JURIST news archive], remain undeterred despite displays of violence as government response to the protests. AI expressed concerns [press release] that governments were not making changes as quickly as promised. In reference to Egypt, AI said:Freedom of expression, association and assembly were promised, but the harsh reality is that criticism of the new authorities is not tolerated, activists are being targeted, and NGOs are being threatened with intrusive criminal investigations. Peaceful demonstrators continue to be forcibly dispersed, leading to clashes with riot police and deaths. Greater political participation by all Egyptians was promised, yet women have again been marginalized. Many independent trade unions have been formed, but the authorities have banned strikes. A better future for all Egyptians was promised, but nearly one year on millions of people continue to live in slums and in poverty, and wait for their voices to be heard. AI also made recommendations on changes that should be made in the Middle East and North Africa. Among those discussed, reformation of the security forces, reformation of the justice system and ensuring each country's laws are in accordance with international laws rank at the top of the list.
The violence and protests have have also caused concern at the UN. In December, UN Secretary-General Ban Ki-Moon issued a statement chastising both the government of President Bashar al-Assad and violent protesters regarding the continuous bloodshed in Syria [JURIST report]. Also in December UN High Commissioner for Human Rights Navi Pillay condemned the brutal crackdown [JURIST report] on protesters by military and security forces in Egypt. In November, AI issued a report which concluded that Egypt's ruling military council has committed numerous human rights violations [JURIST report], including abuse of protesters and journalists who voice their dissatisfaction with the government.


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Supreme Court to rule on federal payment for American Indian tribes
Andrea Bottorff on January 9, 2012 11:23 AM ET

[JURIST] The US Supreme Court [official website] granted certiorari [order list, PDF] Friday in Salazar v. Ramah Navajo Chapter [docket; cert. petition, PDF] to determine whether the federal government must pay American Indian tribes all contract-related costs incurred under the Indian Self-Determination and Education
Assistance Act [text], where the contract support costs exceed the funds that the government has made available to pay such costs. The US Court of Appeals for the Tenth Circuit in May interpreted the statutory language in favor of the tribal contractors [opinion, PDF], stating that the federal government must pay the costs because the annual federal funds available under the act were sufficient to cover any individual contract.
Also Friday, the court agreed to rule in Florida v. Jardines [docket, cert. petition, PDF] to determine whether the use of a drug-sniffing dog at the front door of a house is a search under the Fourth Amendment [text] requiring probable cause. The Supreme Court of Florida ruled [opinion, PDF] in April that the "sniff test" was a search under the Fourth Amendment and required probable cause, not reasonable suspicion.
On Monday the court denied certiorari [order list, PDF] in Cash v. Maxwell [docket], upholding the Ninth Circuit decision [opinion, PDF] reversing the 1984 conviction of Bobby Joe Maxwell for the murders of 10 homeless men. The Ninth Circuit presented evidence showing that Maxwell's conviction had been based on testimony from an unreliable witness. However, Justices Scalia and Alito dissented to the denial of certiorari, arguing that the Ninth Circuit relied on circumstantial evidence and that the Antiterrorism and Effective Death Penalty Act of1996 (AEDPA) [text] prevented federal reconsideration of the case. Also Monday, the court affirmed a lower court ruling in Bluman v. FEC [docket; jurisdictional statement, PDF] that foreign nationals living in the US cannot contribute to US election campaigns, making clear that its controversial decision in Citizens United v. FEC [JURIST report] does not extend beyond US citizens.


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