Here, the Court finds that the EO, as applied to current employees at the covered agencies, is violative of the Fourth Amendment, and that these employees will suffer irreparable harm if subjected to it. ... The Court also concludes that there is no adequate remedy at law in light of the immeasurable nature of the harm that will flow from the EO’s implementation; were the EO to be implemented, the current employees at the covered agencies would suffer a Fourth Amendment violation that cannot be remedied in monetary terms. “Indeed, one reason for issuing an injunction may be that damages, being immeasurable, will not provide a remedy at law.”

Despite the legal challenge to the EO, the Florida legislature recently passed the Drug-Free Workplace Act [text], which allows state employers to randomly test up to 10 percent of their workforce. The act, set to take effect in July, does not create a "duty" to test, but allows state employers to dismiss or discipline employees the first time they test positive for drugs. Scott signed the bill into law [JURIST report] in March, and a separate legal challenge to the new legislation is expected. Florida is also facing a legal challenge to a different drug-testing law. In October, a judge for the US District Court for the Middle District of Florida [official website] temporarily blocked [JURIST report] a new Florida law that had required welfare applicants to pass a drug test before receiving benefits. Judge Mary Scriven said that the law might violate applicants' Fourth Amendment protection against unreasonable search and seizures. The ACLU-FL and the Florida Justice Institute [advocacy website] filed the challenge [JURIST report] in September.

Ntaganda is the third opposition leader to be charged under Rwanda's anti-genocide laws. Deogratius Mushayidi is serving a life sentence for plotting to overthrow Kagame's government. Last week, the Rwandan high court ruled that the case against opposition leader Victoire Ingabire Umuhoza [campaign website; JURIST news archive] will continue [JURIST report] despite her refusal to attend further proceedings. Ingabire has been subject to multiple arrests since returning to Rwanda in January 2010 after being exiled for 16 years. In October of that year Ingabire was arrested [JURIST report] on charges of being involved in the formation of a terrorist organization. Ingabire was previously arrested [JURIST report] in April 2010 for allegedly denying the Rwandan genocide.

As founder and leader of al Qaeda [JURIST news archive], Bin Laden represents the highest profile terror target captured or killed by the US. Bin Laden was killed [JURIST report] in early May by American military forces in Pakistan. Critics have questioned the legality of the targeted killing, arguing that such an action violates international law [JURIST op-ed]. 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 [JURIST backgrounder], the 2000 bombing of the USS Cole [JURIST news archive], attacks on US embassies in Kenya and Tanzania [PBS backgrounder] in 1998 and the 1993 bombing of the World Trade Center.

Obama administration official Melanie Ann Pustay [official profile] testified before the Senate Judiciary Committee [official website] in March to urge congressional officials [JURIST report] to amend the Freedom of Information Act (FOIA) [text] to strengthen government's ability to prevent disclosure of information related to critical infrastructure and cybersecurity. Several countries have attempted to bolster cybercrime security enforcement in recent years. In June the Australian government introduced legislation aimed at reinforcing current cybercrime laws [JURIST report] and improving Australia's international cybercrime security. Also that month US authorities announced that they are investigating claims by Google [JURIST report] that hundreds of personal Gmail accounts were breached by hackers in China. In November 2009 the Iranian government announced the establishment of a new police unit [JURIST report] to fight Internet crime, though opposition leaders said its true purpose was to crack down on protesters and voices of dissent, who rely on the Internet to get their message out. The Finnish legislature passed the Exercise of Freedom of Expression in Mass Media Act in December 2008 that now provides a remedy to victims of Internet crime [JURIST report], but it was not in effect at the time of an incident of Internet pedophilia. The US Senate ratified [JURIST report] the COE Convention on Cybercrime, which is intended to improve information- and evidence-sharing between national governments to prevent crimes on the Internet, in August 2006.

It appears that the Judicial Conduct Act is being used to interfere in particular with the legal proceedings to determine the legality of the current administration. The judiciary must be allowed to operate free from external pressures, threats or executive or legislative interference—international law is clear on this matter.

Pillay has been busy in recent days. On Wednesday she expressed concern [JURIST report] that recent restrictions on non-governmental organizations (NGOs) in a number of countries may fundamentally affect freedoms and human rights. Earlier this month she wrote an open letter [JURIST report] to all UN member states urging them to consider the protection of human rights in their negotiations during the upcoming Rio+20 Conference [official website] where the nations will discuss international plans to further sustainable development. Pillay's letter warned that the draft outcome document for the Rio+20 Conference "fails to take sufficient account of human rights imperatives." She also called for the governments of Sudan and South Sudan [BBC backgrounders] to cease the recent violence [JURIST report] that has led to civilian casualties on both sides.

that it is unlawful for Border Patrol agents to stop a vehicle or participate in a vehicle stop without a valid search or arrest warrant, unless the Border Patrol agent has a particularized reasonable suspicion based upon specific and articulable facts and rational inferences therefrom that an occupant of the vehicle is unlawfully in the United States.

Last month Amnesty International (AI) [advocacy website] accused the US Border Patrol and Immigration and Customs Enforcement (ICE) [official website] of discrimination and rights abuses [JURIST report] along the border between Mexico and the US. AI claims that discriminatory practices and harsh policies responding to immigration by US officials results in the deaths of hundreds each year, and that as many as 5,287 died crossing the border between 1998 and 2008. The report comes as a general movement has been sweeping the country toward tougher enforcement of immigration policy. The trend began with a controversial law in Arizona [JURIST news archive], and similar legislation has passed in Alabama, Georgia, Utah, South Carolina and Indiana [JURIST reports]. The US Supreme Court heard arguments [JURIST report] on provisions of Arizona's law earlier this week.