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Legal news from Wednesday, May 30, 2012 |
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Minnesota high court rules for tobacco company on 'light' cigarettes
Rebecca DiLeonardo on May 30, 2012 3:09 PM ET

[JURIST] The Minnesota Supreme Court [official website] on Wednesday issued a summary judgment [opinion, PDF] in favor of Philip Morris, Inc. [corporate website], finding that the plaintiffs were barred from recovery due to a settlement in a state lawsuit from 1998. The plaintiffs sued Philip Morris in 2001 for using false and misleading labeling on their Marlboro "light" cigarettes alleging that "light" cigarettes are not, in fact, safer. A similar lawsuit was filed by the state in 1998 but settled outside of court. As part of the settlement, the state agreed to "release and forever discharge Philip Morris from any and all claims asserted in the State lawsuit," including all claims associated with the labeling of "light" cigarettes. In its decision, the court ruled that the plaintiffs, as citizens of the state, were precluded from suing on this issue again. A dissenting judge argued the case should move forward because the deceptive labeling has continued after the 1998 settlement.
Tobacco labeling and promotion of consumer awareness have led to controversy recently. In April, the US Court of Appeals for the District of Columbia Circuit [official website] heard oral arguments [JURIST report] over the constitutionality of new Food and Drug Administration (FDA) regulations requiring cigarette packaging and advertisements to display more prominent graphic health warning labels. In March, the US Court of Appeals for the Sixth Circuit ruled [JURIST report] that the graphic cigarette label warnings were constitutional, holding that the warnings provide undisputed factual information about the health risks of using tobacco products. President Barack Obama [official website] signed [JURIST report] the Family Smoking Prevention and Tobacco Control Act (FSPTCA) into law in 2009, granting the FDA certain authority to regulate manufactured tobacco products. The legislation heightens warning-label requirements, prohibits marketing "light cigarettes" as a healthier alternative and allows regulation of cigarette ingredients.


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ACLU challenges Minnesota voter ID ballot initiative
Rebecca DiLeonardo on May 30, 2012 2:18 PM ET

[JURIST] The American Civil Liberties Union of Minnesota (ACLU-MN) [official website] on Wednesday filed a petition [press release] seeking to eliminate a proposed ballot initiative [text] that would amend the Minnesota Constitution [text] to require citizens to present photo identification in order to vote. If allowed to proceed, the initiative will appear on the ballot in the upcoming November election. In a statement, Executive Director of the ACLU-MN Charles Samuelson said the initiative did not adequately inform voters of the effects of the amendment:This ballot proposal is incredibly troubling because it asks voters to put an amendment in the constitution in a manner that is misleading, confusing and unclear. Voting is one of the most important rights we have, and this amendment aims to take away that right from the most vulnerable, under the guise of a seemingly innocuous photo ID requirement. The petition was filed on behalf of five individuals as well as the League of Women Voters Minnesota, Jewish Community Action and Common Cause Minnesota.
There are now 32 US states [NCSL backgrounder] that require voters to present some form of ID at the polls, but the issue remains controversial. Earlier this month, Virginia Governor Bob McDonnell signed Virginia's new voter ID legislation, which will require voters to show one form of acceptable identification [JURIST report] in order to cast a vote. Last month, Pennsylvania Governor Tom Corbett signed a bill requiring voters to present photo identification [JURIST report] in the upcoming November election. Also in March, a Wisconsin judge ruled unconstitutional [JURIST report] the state's voter ID law requiring a voter to display photo ID when entering a polling place to vote. In February, South Carolina Attorney General Alan Wilson filed suit against the US Department of Justice (DOJ) over its ruling that barred South Carolina [JURIST reports] from enforcing its voter ID law. In November, Mississippi voters approved a ballot measure [JURIST report] to implement a voter ID law.


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Illinois same-sex couples sue for right to marry
Sung Un Kim on May 30, 2012 1:18 PM ET

[JURIST] Twenty-five gay and lesbian couples filed [complaint, PDF] two lawsuits on Wednesday against Illinois Governor Pat Quinn [official website] challenging the constitutionality of the state's same-sex marriage [JURIST backgrounder] ban. The lawsuits are supported by the American Civil Liberties Union of Illinois (ACLUI) and gay rights group Lambda Legal [advocacy websites]. Currently, Illinois law only allows marriage between a man and a woman. The couples argue that the Marriage and Dissolution of Marriage Act [750 ILCS 5 materials], barring same-sex couples from legally marrying, violates equal protection and due process guarantees in the state's constitution. Quinn signed [JURIST report] a bill [SB 1716 materials] that legalized same-sex civil unions [JURIST news archive] last year, but the plaintiffs claim that did not go far enough. In February, three Illinois legislators introduced [AP report] the Religious Freedom and Marriage Fairness Act [HB 5170 materials], which would have provided same-sex marriage rights for same-sex couples, but it is still pending and a vote is not expected before the legislative session ends this week.
Illinois was the seventh US jurisdiction to legalize same-sex civil unions, but it has not yet joined the nine jurisdictions that have legalized same-sex marriage. In March, Maryland legalized same-sex marriage, joining Washington, New York, Massachusetts, Connecticut, Iowa, Vermont, New Hampshire and the District of Columbia [JURIST reports]. On the other hand, North Carolina voters approved [JURIST report] earlier this month a constitutional amendment [Amendment 1, PDF] to ban same-sex marriage. In February, the Wyoming Senate approved [JURIST report] a bill that would deny recognition of same-sex marriages and civil unions performed in other jurisdictions. New Jersey is still struggling to pass the same-sex marriage bill because Governor Chris Christie conditionally vetoed the bill [JURIST report] and called for a voter referendum to decide the issue, rather than the state legislature.


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Iraq human rights situation still fragile: UN report
Sung Un Kim on May 30, 2012 12:57 PM ET

[JURIST] Iraq's human rights situation remains fragile [press release], the UN Assistance Mission for Iraq (UNAMI) [official website] reported [text, PDF] Wednesday. Iraq is currently transitioning from a decade-long dictatorship and its underlying armed conflict and violence to a peaceful democratic system. UNAMI recognized some improvements towards such a system, but it discovered that there are still areas which seriously endanger human rights standards. One of the areas that has been identified is the weakness in rule of law and in administration of due process and fair trials. UNAMI discovered that most of the detainees who were accused of being members of the Ba'ath Party [BBC backgrounder; JURIST news archive] and being involved in terrorist activities are without legal representation. Moreover, it was reported that most of them were subject to threats, abuse and mistreatment. UNAMI pointed out that for a democratic system to work, Iraq has to ensure that the rule of law is respected:Respect for the rule of law, due process and fair trial standards are among the foundations of a democratic State; without these, a democratic State cannot prosper, and public faith in the Government and its institutions will be undermined. The causes of the problems facing Iraq's judicial and law enforcement systems are complex and diverse, not least of which is a culture of abuse stemming from years of dictatorship and conflict. Under-resourcing also leads to an environment where abuses can take place, including poor hygiene and low standards of detention facilities, lack of access to legal counsel, and lengthy pre trial detention. UNAMI urged the Iraqi government to ensure that children and juveniles are protected from domestic violence and to prosecute those who use violence against them. Moreover, UNAMI said the government should increase its effort to provide an equal environment in which all citizens including minorities are protected under the law regardless of their social, religious, ethnic and other distinguishable status.
Human rights violations did not cease even after the dictatorship that marked persistent violence in Iraq ended. Earlier in May, Human Rights Watch [advocacy website] reported [JURIST report] that mass arrests and incommunicado detentions continue in Baghdad's prison that was planned to be closed. In 2011, UNAMI and the UN Office of the High Commissioner for Human Rights (OHCHR) [official website] reported [JURIST report] that human rights violations continue in several regions of Iraq. Law enforcement and the judiciary system has remained weak while torture and abuse of detainees persisted within prison walls. Similar findings were made several months earlier by Amnesty International [advocacy website] in its report [text, PDF] revealing [JURIST report] that governmental authorities shot and killed protesters while detaining and torturing political activists. In 2010, it also reported [JURIST report] on the government's unlawful arrests and tortures against thousands of detainees.


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Turkish PM calls for abortion restrictions
Rebecca DiLeonardo on May 30, 2012 12:48 PM ET

[JURIST] Turkish Prime Minister Recep Tayyip Erdogan [official website, in Turkish] has called for stricter regulations on abortions [JURIST backgrounder] and Caesarean births in Turkey, a Turkish television network reported Tuesday. Among his desired reforms are restricting the reasons a woman may seek an abortion, limiting the time period in which a woman may obtain a "medically necessary" abortion, and strictly regulating Caesarean births, which are performed at an unusually high rate in the country. Erdogan's statement was one of several recent calls [NYT report] by the prime minister to limit abortions and Caesarean births performed in Turkey. Erdogan, who supports large family sizes, believes that the two procedures are key problems contributing to small family sizes. Abortions are currently legal in Turkey and available to women up to 10 weeks into a pregnancy; after 10 weeks, they are banned except due to medical necessity.
Abortion rights have been a contentious issue in the international community. In September, voters in Liechtenstein rejected a proposal [JURIST report] to legalize abortion in the country after the acting Head of State expressed displeasure with the law and threatened to veto the proposed change. In August 2010, the Center for Reproductive Rights (CRR) [advocacy website] criticized [JURIST report] the restrictive abortion laws of the Philippines as a "human rights crisis," resulting in the death of thousands of women annually. In January 2010, Human Rights Watch (HRW) [advocacy website] argued that Ireland's restrictive abortion laws increase health risks to women [JURIST report] and expose them to deliberate misinformation about abortion procedures. In July 2009, Amnesty International (AI) [advocacy website] called on Nicaragua to end its total ban on abortions [JURIST report], calling for the country to eliminate severe criminal punishments for those who seek or perform abortions.


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UN Human Rights Council calls special session on Syria
Sung Un Kim on May 30, 2012 12:01 PM ET

[JURIST] The UN Human Rights Council [official website] announced Wednesday that they will hold a special session [press release] this Friday to discuss the situation in Syria [BBC backgrounder; JURIST news archive] in light of last week's massacre [JURIST report] in Houla. The announcement came after a written request for the session was submitted earlier in the day by ambassadors from Qatar, Turkey, the US, Saudi Arabia, Kuwait, Denmark and the EU. It was also signed by 21 member states of the Council as well as 30 observer states. The session will take place in Salle XX of the Palais des Nations. The recent killings sparked international attention and criticism. After Tuesday's release of the UN report discovering that most civilians were shot at close range, numerous governments, including Germany, Italy, Spain, France, Britain, Australia, the US and Canada expelled Syrian ambassadors and diplomats in a coordinated protest. On Wednesday, UN observers discovered additional 13 bodies on Tuesday in eastern Syria. They reported that the deceased had their hands tied behind their backs and were shot in the head from close range.
The recent massacre diminished the hope for the success of the peace plan [text, PDF] that was laid out by Kofi Annan [official profile], Joint Special Envoy of the UN and the League of Arab States. Last Thursday the UN's three-member Independent International Commission of Inquiry on Syria released [JURIST report] a report [text, PDF] that alleged Syrian security forces as well as anti-government groups are responsible for the continuing violence in Syria including torture of children. Syria has been urged to end the escalating violence against civilians that started in March of last year. Human Rights Watch (HRW) [advocacy website] released numerous reports alleging that Syrian government forces committed war crimes against civilians and thereby violated human rights within the last few months. In early May, HRW reported [JURIST report] such violation when government forces killed at least 95 civilians in the province of Idlib during ceasefire negotiations. In April, HRW released [JURIST report] a report showing that Syrian security forces have executed more than 100 civilians and opposition fighters.


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Mubarak's sons charged with stock market fraud
Rebecca DiLeonardo on May 30, 2012 11:52 AM ET

[JURIST] The two sons of former Egyptian president Hosni Mubarak [Al Jazeera profile; JURIST news archive] are being charged with stock market fraud, the public prosecutor's office said Wednesday. Gamal and Alaa Mubarak, along with seven others, are accused of using unfair trading practices [Reuters report] and illegally manipulating the market. The two men, who were already incarcerated pending another trial, were not given an opportunity for bail. Gamal and Alaa Mubarak were arrested last April with their father and both are on trial for corruption charges associated with Mubarak's former regime. The verdicts for those cases are expected on June 2 [JURIST report].
Hosni Mubarak's trial started [JURIST report] in August 2011 and has been making slow progress. In January, the chief prosecutor in the case gave his closing remarks [JURIST report] and again asked the presiding judge, Ahmed Refaat, to give the death penalty [JURIST report] to Mubarak and some of his associates. The trial resumed in December in the Egyptian court after a two-month adjournment [JURIST reports] allowing the court time to rule on a motion made by lawyers representing the victims' families to have the three-judge panel in the case removed. The victims' families argued that they were not given enough time to question the Field Marshal Mohamed Hussein Tantawi [GlobalSecurity profile], head of the Supreme Council of the Armed Forces (SCAF) [NYT backgrounder], who testified against Mubarak [JURIST report] in a closed session in September 2011, but left early and refused to be cross-examined by counsel of the victims.


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Thailand court sentences webmaster under royal insult law
Sung Un Kim on May 30, 2012 11:26 AM ET

[JURIST] A Bangkok criminal court on Wednesday sentenced Chiranuch Premchaiporn, webmaster of independent Internet news site Prachatai [media website], to an eight-month suspended sentence for failing to delete defamatory comments against Thailand's royal family. She was initially sentenced to one year in prison, but the court reduced and suspended the sentence. In addition to the sentence, she was required to pay a fine of 20,000 baht (USD $627.75) which she paid through the help of supporters and colleagues. The judge presiding in the case, Judge Kampol Rungrat, said that the sentence against Chiranuch was based on one defamatory comment that was left on the website for 20 days. The ruling was heavily criticized by Google [media website] and other human rights groups such as the Human Rights Watch (HRW) [advocacy website]. Taj Meadows, a spokesman for Google, pointed out that Chiranuch was not the creator of the posts but rather a host of the website. According to Meadows, to hold the host of the website liable for the comments made by other users would have detrimental effect on Thailand's Internet economy. HRW points out the problem created by the case to free expression. Brad Adams, Asia director at HRW, projected that future website hosts will engage in self-censorship [press release] out of fear of prosecution for violating Thailand's Computer Crimes Act [unofficial text].
Thailand's Computer Crimes Act has been heavily criticized in the past. In October, UN Special Rapporteur on freedom of expression Frank La Rue [official website] condemned [JURIST report] the law for putting right to freedom of opinion and expression in stake in exchange for further enforcing the insult law. In 2009, a Thai criminal court sentenced [JURIST report] a political activist to 18 years imprisonment for insulting the royal family. The judge hearing the case had the trial closed for security reasons which Amnesty International (AI) [advocacy website] opposed. It called [JURIST report] for a public trial because there was no reasonable national security reason for a closed trial which involved an individual who made insulting remarks about the royal family.


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Pakistan president signs bill creating human rights commission
Rebecca DiLeonardo on May 30, 2012 10:18 AM ET

[JURIST] Pakistani President Asif Ali Zardari [official website] on Wednesday signed a bill [text, PDF] authorizing the creation of an independent human rights commission in Pakistan. The new committee will be authorized to investigate human rights violations in the country and make recommendations to the government. The bill does not authorize the commission to investigate military or intelligence officials. Earlier this month, Human Rights Watch (HRW) [official website] urged [press release] Zardari not to sign the bill until it was amended to give the commission the authority to investigate these government bodies. In a statement, Brad Adams, Asia director at Human Rights Watch, said of the bill:The bill creating the National Human Rights Commission contains many positive elements to promote and protect human rights in Pakistan, Human Rights Watch said. The commission would be an independent body, with members appointed by a cross-party parliamentary committee. Its responsibilities would include monitoring the general human rights situation in Pakistan, investigating specific human rights violations, [and] making recommendations to the government...But a commission that cannot take on cases involving the army and intelligence agencies would perpetuate a cruel joke on Pakistanis whose rights have been violated. The bill was approved by Pakistan's National Assembly [official website] on May 4 and became law when it was signed Wednesday.
Pakistan has faced criticism for human rights issues recently. Earlier this month, a group of three UN human rights experts implored Pakistan to increase efforts to curb sectarian violence [JURIST report], noting a recent uptick in sectarian-related attacks. Last April, the Human Rights Commission of Pakistan [official website], a non-government organization, harshly criticized the Pakistani government [JURIST report] for its poor human rights record and called on government officials to fix the human rights abuses occurring in the country. Earlier that month, the US Department of State (DOS) [official website] released [JURIST report] the 2010 Country Reports on Human Rights Practices [materials]. The governments of Afghanistan and Pakistan [materials] were criticized for their conduct in the war against the Taliban and al Qaeda; however, the 2008 Pakistani elections [JURIST report] were deemed "competitive and reflective of the people's will," restoring democratic rule and leading to some human rights progress.


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Charles Taylor sentenced to 50 years for war crimes
Sung Un Kim on May 30, 2012 10:00 AM ET

[JURIST] The Special Court for Sierra Leone (SCSL) [official website] on Wednesday sentenced [press release, PDF] former Liberian president Charles Taylor [BBC profile; JURIST news archive] to 50 years in prison for war crimes committed during the decade-long civil war in Sierra Leone [JURIST news archive]. The sentence came after Trial Chamber II convicted [judgment, PDF] Taylor of planning as well as aiding and abetting crimes committed by rebel forces in exchange for diamonds during the civil war, including acts of terrorism, murder, rape, sexual slavery, conscripting or enlisting children into armed forces, enslavement and pillage. The three justices noted that although aiding and abetting is usually given a lesser punishment, the significance and seriousness of Taylor's case "puts him in a class of his own." Taylor will be detained and serve his time in a prison in the UK but still has 14 days starting from the date of the sentencing judgment to appeal.
Wednesday's sentence seemed not to be heavily affected by Taylor's request [JURIST report] earlier this month that the court sentence him based on "reconciliation, not retribution." He expressed [transcript, PDF] sadness for the death of civilians during the civil war, but he stated that he was not responsible for the actions committed by the rebel forces, contrary to the sentencing judgment. However, the term of imprisonment was 30 years shorter than what the prosecutors initially demanded. A week before Taylor's request, the prosecution asked the court for a 80-year sentence against Taylor after he was convicted [JURIST reports] in April on all 11 counts of war crimes and crimes against humanity.


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Supreme Court rules on Chapter 11 bankruptcy procedures
Julia Zebley on May 30, 2012 8:37 AM ET

[JURIST] The US Supreme Court [official website] ruled unanimously [opinion, PDF] Tuesday in RadLAX Gateway Hotel, LLC v. Amalgamated Bank [SCOTUSblog backgrounder] that debtors are not entitled to a "cramdown" plan including the sale of collateral that avoids a bank's lien. However, the court ruled that the bank is also not entitled to credit-bid at the sale. The former was declared inequitable under 11 USC § 1129(b)(2)(A) [text]. As for credit bidding, the court declared that there is no statutory guarantee to it. Justice Antonin Scalia delivered the opinion for the court:The parties debate at some length the purposes of the Bankruptcy Code, pre-Code practices, and the merits of credit-bidding. To varying extents, some of those debates also occupied the attention of the Courts of Appeals that considered the question presented here. But nothing in the generalized statutory purpose of protecting secured creditors can overcome the specific manner of that protection which the text of §1129(b)(2)(A) contains. As for pre-Code practices, they can be relevant to the interpretation of an ambiguous text, but we find no textual ambiguity here. And the pros and cons of credit-bidding are for the consideration of Congress, not the courts. The Bankruptcy Code standardizes an expansive (and sometimes unruly) area of law, and it is our obligation to interpret the Code clearly and predictably using well established principles of statutory construction. Under that approach, this is an easy case. Because the RadLAX debtors may not obtain confirmation of a Chapter 11 cramdown plan that provides for the sale of collateral free and clear of the Bank's lien, but does not permit the Bank to credit-bid at the sale, we affirm the judgment of the Court of Appeals. Justice Anthony Kennedy recused himself from the decision.
The Supreme Court granted certiorari in the case in December and heard oral arguments [JURIST reports] last month. It affirmed the decision [opinion text] of the US Court of Appeals for the Seventh Circuit.


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