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Legal news from Friday, March 30, 2012




Judge strikes down Louisiana law requiring some convicted prostitutes to register as sex offenders
Jerry Votava on March 30, 2012 8:05 PM ET

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[JURIST] Judge Martin Feldman of the US District Court for the Eastern District of Louisiana [official website] on Thursday issued a ruling [text, PDF] striking down the Crimes Against Nature by Solicitation [SB 381 text, PDF] law, which labels persons who are convicted of certain types of solictation as sex offenders. The new law effectively required those convicted of prostitution-like charges to register as sexual offenders while not imposing a similar requirement on persons convicted of actual prostitution charges. It targeted people who solicited oral or anal sexual acts for monetary compensation, describing these acts as "crimes against nature," while ignoring vaginal intercourse solicitation. Feldman found the law to violate the Equal Protection Clause of the Fourteenth Amendment [Cornel LII], and thus held it to be unconstitutional. Feldman wrote:
First, the State has created two classifications of similarly (in fact, identical) situated individuals who were treated differently (only one class is subject to mandatory sex offender registration). Second, the classification has no rational relation to any legitimate government objective: there is no legitimating rationale in the record to justify targeting only those convicted of Crime Against Nature by Solicitation for mandatory sex offender registration.
The "rational basis" test employed by Feldman gives the government significant deference, but he held that this law did not meet that standard when he wrote, "the defendants fail to credibly serve up even one unique legitimating governmental interest that can rationally explain the registration requirement."

US courts have seen numerous constitutional challenges to laws placing restrictions on sex offenders. In January, the US Court of Appeals for the Tenth Circuit ruled [JURIST report] that a policy in the city of Albuquerque, New Mexico, that bans registered sex offenders from entering the city's public libraries is unconstitutional. The American Civil Liberties filed a complaint in federal court in August seeking to block a Louisiana law that limits Internet use for registered sex offenders [JURIST report]. In May 2010, the US Supreme Court ruled that mentally ill sex offenders may be civilly committed [JURIST report] beyond their prison sentences.




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Judge overturns Virginia Tech campus warning system fine
Matthew Pomy on March 30, 2012 2:20 PM ET

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[JURIST] An administrative judge for the Department of Education [official website] overturned [order, PDF] a $55,000 fine issued against Virginia Tech for its response to the shootings in 2007 [NYT backgrounder]. Judge Ernest Canellos ruled that the university's warning system did not violate the Clery Act [text], which sets regulations on how and when schools are required to warn students regarding potential threats. At issue was the timing of the warning e-mail sent out by the university. The warning was sent to students after the shooter had already began shooting, but the warning e-mail said nothing about actual shootings and mentioned only the possibility that a shooting incident had occurred. Virginia Tech administrators were pleased with the ruling [press release] and expressed hope that "lessons from this unforeseeable crime will continue to inform the practices affecting campus safety throughout the nation and the world." The ruling, subject to a potential appeal, relieves Virginia Tech of liability under the Clery Act.

The decision comes only two weeks after a jury found for families of 2 victims in a negligence case against the Virginia Tech administration [JURIST report]. Virginia Tech has faced several lawsuits over the shooting incident. Last month, a Virginia circuit court judge ruled [JURIST report] that the lawsuit by two families whose children were killed in the shooting could proceed against school administrators, despite their claims of sovereign immunity. The lawsuit [JURIST report], seeking $10 million in damages, accused the administrators of gross negligence for failing to warn students of the shootings immediately after the first shooting at 7:15 AM. It was brought by two families who opted out of an $11 million dollar settlement [JURIST report] to which 24 of the 32 victims' families agreed in June 2008.




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New Hampshire House votes to ban abortions after 20 weeks
Jerry Votava on March 30, 2012 2:10 PM ET

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[JURIST] The New Hampshire House of Representatives [official website] on Thursday approved [results] a bill [HB 1660 text] that would prohibit abortion [JURIST news archive] procedures to be performed after the 20th week of pregnancy. The bill, formerly titled "The Pain-Capable Unborn Child Protection Act," finds substantial medical evidence that unborn fetuses can experience pain after their 20th week, and asserts a compelling state interest to protect those unborn children. The bill is now expected to be reviewed by the New Hampshire Senate [official website]. This is the fifth vote in two weeks [AP report] to place new restrictions on abortions in New Hampshire. In June 2011 New Hampshire legislators overrode [JURIST report] the governor's veto and approved legislation requiring healthcare providers to notify parents or a judge 48 hours before performing an abortion on a minor.

Many states have recently passed laws restricting abortion. Earlier this week, the Arizona State Senate approved a bill [JURIST report] that similarly bans abortions after 20 weeks into a pregnancy, with an exception carved out only for medical emergencies. Last week, Utah passed a law [JURIST report] requiring a woman seeking an abortion to wait 72 hours prior to obtaining the procedure. Earlier last week, the Idaho State Senate approved a bill [JURIST report] requiring a woman who is seeking an abortion to first receive an ultrasound. Earlier this month, Virginia Governor Bob McDonnell [official website] signed a similar ultrasound bill into law [JURIST report]. Earlier in March, the Georgia House of Representatives passed a ban on abortions after five months into a pregnancy [JURIST report]. In February, the US District Court for the Western District of Texas [official website] ruled [JURIST report] that Texas can enforce a state law requiring women to receive a sonogram before obtaining an abortion. In July, the North Carolina state legislature overrode a governor's veto [JURIST report] to pass a law requiring a 24-hour waiting period for a woman seeking an abortion.




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Lawsuit filed against Oklahoma personhood ballot initiative
Matthew Pomy on March 30, 2012 1:24 PM ET

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[JURIST] Six Oklahoma voters, along with women's healthcare providers and religious groups, filed a lawsuit [text, PDF] Thursday against an Oklahoma ballot initiative [text, PDF] that would amend the state constitution to redefine "personhood." The amendment would confer "personhood" rights to embryos at the "beginning of biological development." If the initiative passes, it would effectively outlaw all abortions, many forms of birth control, and many essential treatments for ectopic pregnancies and miscarriages. The lawsuit claims that the amendment would violate the Fourteenth Amendment and, as such, should not be allowed to be put on the ballot. The complaint states:
The amendment to the Oklahoma Constitution proposed by [the initiative] is intended to, and will, ban abortion in direct violation of both the federal Constitution and this Court's clear declaration the Oklahoma's initiative process may not be invoked for that purpose. Further, it would infringe on a woman's federal constitutional right to decide whether and when to conceive by banning most forms of contraception and effectively prohibiting medical interventions, like in vitro fertilization, that assist with conception.
Personhood USA [advocacy website] released a statement condemning the lawsuit [press release].

The Virginia House of Delegates passed [JURIST report] a similar "personhood" bill in February. There has been significant controversy regarding personhood initiatives and the possible ramifications [JURIST commentaries] that come along with them. A similar lawsuit challenging the Mississippi personhood ballot initiate was dismissed [JURIST report] last fall. That initiative was eventually rejected [JURIST report]. In 2007, the Colorado Supreme Court [official website] allowed [JURIST report] another "personhood" ballot initiative with similar language.




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Bahrain human rights defender should be released immediately: AI
Sung Un Kim on March 30, 2012 11:18 AM ET

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[JURIST] Amnesty International (AI) [advocacy website] on Friday urged [press release] the Bahraini government to release Abdulhadi al-Khawaja, who was arrested and sentenced to life imprisonment [JURIST report; BBC report] last year by a military court, so that he does not die as a result of his 50 day hunger strike. Al-Khawaja, a Danish citizen, former protection coordinator with Front Line Defenders [advocacy website] and leading Bahraini human rights defender, was arrested for leading protests against the Bahraini government [JURIST news archive]. AI said that Al-Khawaja was sentenced without a fair trial and was subject to torture and ill-treatment [JURIST report] while in custody. However, no investigation to verify such ill-treatment has been initiated. The organization stressed that Al-Khawaja is a "prisoner of conscience" who led a peaceful demonstration which did not advocate violence against the government. Considering this contention and Bahrain's promise to release those who were jailed during the revolt, AI called on the government to release Al-Khawaja immediately:
Bahrain must ensure that Al-Khawaja is released immediately and unconditionally. The Bahraini authorities have made pledges that they would release people who were imprisoned for exercising their right to freedom of expression, but the continued imprisonment of Abdulhadi Al-Khawaja demonstrates that they are not serious about fulfilling such promises.
Al-Khawaja began his hunger strike on February 8 and several parties, including Danish diplomats, confirmed his deteriorating health. His sentence, which was affirmed in September by the National Safety Court of Appeal, also a military court, is now on appeal and a hearing before the Court of Cassation will take place on April 2.

The Bahraini government has been subject to numerous criticisms for its use of excessive force against citizen protesters. In early March, based on a report of excessive force by Bahraini security forces, the UN Office of the High Commissioner for Human Rights [official website] called on the government [JURIST report] to investigate the allegations. During that same month, Human Rights Watch (HRW) [advocacy website] released a report, similar to a report [JURIST report] released in November by the Bahrain Independent Commission of Inquiry (BICI) [official website] about human rights violations against demonstrators, alleging that Bahrain is convicting hundreds of opposition activists [JURIST report] in unfair and politically motivated trials. In February, the UN High Commissioner for Human Rights Navi Pillay [official profile] also urged the Bahraini government to respect protesters' rights [JURIST report] and stressed that excessive use of force by the government against civilian demonstrators is strictly forbidden in international law. Pillay made a similar call to the government in December when she said that protesters who were detained during peaceful protests should be released [JURIST report].




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Egypt court sentences former housing minister for corruption
Sung Un Kim on March 30, 2012 10:15 AM ET

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[JURIST] An Egyptian court on Thursday found former housing minister Mohamed Ibrahim Soliman guilty of corruption and sentenced him to a total of eight years in prison. He was charged with violating laws regulating tenders and auctions including profiteering, illegal seizure of state land and squandering public funds. During his term from 1993 to 2005, Soliman was involved in corrupt land deals with various private entities, two of which were involved in the present case. In the first case, Soliman and Magdi Rasekh [Al-Ma'rifa profile, in Arabic], former chairman of Six of October Development & Investment Company (SODIC) [corporate website] and father-in-law of ex-president Hosni Mubarak's son Alaa Mubarak, were sentenced to five years for profiteering, squandering public funds and illegal acquisition of state land. The court also ordered them to repay 81 million Egyptian pounds that they received from the corrupt land deals and a fine equal to that amount. In the second case Soliman assigned residential land belonging to the ministry to Komi and Hazeq, businessmen, at a price lower than the market value. Soliman was charged with illegal acquisition of state land and squandering public funds, sentenced to three years of imprisonment and ordered to repay 34 million Egyptian pounds plus a fine equal to that amount. Additional defendants were sentenced on Thursday including Ezzat Abdel Raouf Abdel Qader, former head of the New Urban Communities for Real Estate and Commercial Affairs Sector, and Fouad Madbouli, Hassan Khaled Fadel and Mohamed Ahmed Abdel Dayem, former General Authority for Urban Communities officials. In total the defendants are responsible to a fine of around 2 billion Egyptian pounds ($330 million).

Corruption has been an ongoing problem for the Egyptian government. In November Human Right Watch (HRW) [advocacy website] criticized [JURIST report] Egypt's attempt to deal with corruption because the new law to be implemented would allow authorities to imprison anyone convicted of crimes involving "political corruption," which the organization alleges are vaguely defined, as well as deprive convicted persons of their rights to vote and run for office. In September an Egyptian criminal court sentenced three associates [JURIST report] of Mubarak on charges of corruption including illegally manipulating state-owned businesses, granting licenses without merit, misusing public funds and profiteering. In the same month, the former tourism minister was found guilty [JURIST report] of corruption charges. In July, another Egyptian court convicted [JURIST report] former prime minister Ahmed Nazif and two Cabinet officials of corruption and sentenced them to various prison terms.




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HRW urges Afghanistan to release women and girls jailed for 'moral crimes'
Brandon Gatto on March 30, 2012 9:06 AM ET

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[JURIST] Human Rights Watch (HRW) [advocacy website] on Wednesday called on the Afghan government to release women and girls imprisoned in Afghanistan for "moral crimes" [press release], many of which involve flight from unlawful forced marriage or domestic violence and "zina," which is sex outside of marriage due to rape or forced prostitution. In particular, HRW called for the release of about 400 women and girls jailed because of these crimes and also urged the US and other donor countries to pressure President Hamid Karzai [BBC profile; JURIST news archive] to "end the wrongful imprisonment of women and girls who are crime victims rather than criminals." The plea stems from a comprehensive HRW report titled "I Had to Run Away": Women and Girls Imprisoned for "Moral Crimes" in Afghanistan [text, PDF], which is based on nearly 60 interviews with "moral crime" convicts and was conducted in three prisons and three detention facilities.

HRW has previously called on the Afghan government to protect the rights of women. In July 2010 the advocacy group criticized Karzai's integration and reconciliation efforts [JURIST report] to end the conflict with the Taliban and other insurgent groups, claiming that women's rights were bypassed in order to reach an expedient solution. Among HRW's criticisms was the president's decision to sign the Shia Personal Status Law [JURIST report; text, PDF], which legalized rape within marriage, and his pardon of two convicted rapists. In August HRW denounced the Shia Personal Status Law [JURIST report] as a violation of the Afghan Constitution [text] that undermined women's rights, despite an announcement in July 2009 that the provisions requiring a wife to submit to sex with her husband and to obtain his permission before leaving the home had been removed [JURIST report]. Women's rights in Afghanistan faced even greater opposition under the Taliban, which ruled the country from 1996-2001.




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Kansas House approves controversial bill to strengthen First Amendment rights
Jamie Reese on March 30, 2012 8:10 AM ET

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[JURIST] The Kansas House of Representatives [official website] approved a bill [HB 2384; PDF] Wednesday that prohibits a governing body from passing a law that would infringe on an individual's right to religion, which some suggest is a guise to discriminate against same-sex couples. The bill is commonly known as Kansas Preservation of Religious Freedom Act and passed the house by a vote of 89-27 [Kansas City Star report]. It focuses on a Kansas citizen's First Amendment [Cornell LII backgrounder] rights and states that in exercising free religion a person has the "right to act or refuse to act in a manner substantially motivated by a sincerely-held religious tenant or belief, whether or not the exercise is compulsory or a central requirement of the person's religious tenants or beliefs." The bill goes on to afford a person whose right has been burdened—or will likely be burdened—to assert such violation as a claim or defense in a court of law. The main controversy surrounding the bill concerns its effect on anti-discrimination laws and policies. Supporters say the bill will not prevent local governing bodies to add classes of individuals to anti-discrimination policies, but it would enable a defense for those who felt their freedoms of speech or religion were in question. Opponents of the bill say it is a way to discriminate, specifically against same-sex couples, while claiming freedom of religion as an excuse. They suggest that the bill will prevent municipalities from establishing protections [Think Progress report] based on sexual orientation while simultaneously giving others the right to discriminate. Some supporters admit it would be difficult to add a class of individuals to anti-discrimination policies. The bill will now be sent to the Senate, but whether or not it will pass the Senate is unclear.

Protections for lesbian, gay, bisexual and transgender (LGBT) individuals remains a political issue that many are deeply divided on. In November, Massachusetts passed an anti-discrimination bill [JURIST report] that would protect people in the areas of housing and the workplace. Connecticut passed similar legislation [JURIST report] in June, defining "gender identity or expression" and providing protection in the state's existing anti-discrimination laws. Other national action includes measures to stop hate crimes against LGBT individuals. In March, US Representative Jared Polis (D-CO) and Senator Al Franken (D-MN) [official websites] introduced legislation to protect LGBT students from bullying [JURIST report] in federally funded public elementary and high schools.




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Iran ordered to pay $44.6 million to US marines injured in 1983 Beirut attacks
Brandon Gatto on March 30, 2012 7:06 AM ET

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[JURIST] A federal judge on Wednesday awarded [opinion, PDF] $44.6 million from Iran to two US marines and their families as a result of injuries sustained in the 1983 suicide-truck bombing on American barracks in Beirut, Lebanon [BBC backgrounder]. Relying on the findings of fact from Peterson v. Islamic Republic of Iran (Peterson II) [opinion, PDF], Judge Royce Lamberth, Chief Judge for the US District Court for the District of Columbia [official website], found that marines Jeffrey Paul O'Brien and Daniel Lane Gaffney had already proven that Iran's acts of extrajudicial killing and support for such killing were intended to cause their injuries, thus they were entitled to collect damages under the Foreign Sovereign Immunity Act [text], 28 USC § 1605A(c), for solatium and pain and suffering. In his conclusion, Lamberth reasoned:
[T]he Court applauds plaintiffs' persistent efforts to hold Iran accountable for its cowardly support of terrorism. The Court concludes that defendant Iran must be punished to the fullest extent legally possible for the bombing in Beirut on October 23, 1983. This horrific act impacted countless individuals and their families, a number of whom receive awards in this lawsuit. This Court hopes that the victims and their families may find some measure of solace from this Court's final judgment.
Collection of the award may be difficult, though plaintiffs' attorney Joseph Peter Drennan is hopeful that judgment will be enforced [AP report] against blocked Iranian assets in the US.

In September 2007 Iran dismissed a ruling made by Lamberth only two days earlier that required Iran to compensate [JURIST reports] the families of 241 US military personnel killed in the 1983 bombing of US Marine barracks in Beirut. There, Iran called the $2.65 billion US ruling "baseless" and "politically motivated," as it was the largest judgment ever awarded by a US court against a foreign country. While Iran has consistently been accused of supporting Hezbollah [CFR backgrounder], the militant group behind the bombing, the Islamic Republic has denied responsibility. The American death toll in the 1983 terror attack was the highest on record prior to the 9/11 [JURIST backgrounder].




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JURIST spring fund drive ends tomorrow!
Matthew Shames on March 30, 2012 12:05 AM ET

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[JURIST announcement] WE STILL NEED YOUR HELP. Our spring fund drive ends tomorrow! Our annual goal is $30,000, and as of this posting we have just about hit the 25% mark. Your response has been phenomenal, but another $1,500 means we'll be 30% funded for the coming year. . .another $2,500 and we'll be 33% funded. . .and with another 7 donors, we will go over the century mark in the number of people who have contributed. Help make it happen!

As previously mentioned, due to general economic circumstances completely outside of our control, we are anticipating a significant reduction in funding (meaning several tens of thousands of dollars) from our primary benefactors for our next fiscal year. If not offset, this reduction has the potential to directly affect JURIST's ability to maintain its current operations. This fund drive is one of the efforts that we've recently launched to try to make up the shortfall.

Please consider donating to JURIST. Even if you are not in a position to give much, please keep in mind that small donations - $25, or even $10 - can go a long way. One of JURIST's strengths is in the number of people it touches every day, from readers to staff to alumni. If everyone of those people could give just a small amount, JURIST would never have to worry about funding again. We know that not everyone is in a position to give, but if you can, even a small amount can make a big difference. For those of you that are able to give more, please know that JURIST will recognize all donors that give $100 or more on its website at jurist.org/supportjurist/honorroll.php.

Thank you - we greatly appreciate your support!




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