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Legal news from Saturday, June 23, 2012




Arkansas Supreme Court strikes down state's execution law
Max Slater on June 23, 2012 5:30 PM ET

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[JURIST] The Supreme Court of Arkansas [official website] ruled [opinion, PDF] on Friday that a state law passed in 2009 that gives the Arkansas Department of Correction (ADC) [official website] authority to administer lethal injection drugs of its choice during executions unconstitutionally violates the separation of powers in the Arkansas constitution [text]. In the ruling, the court declared that the Methods of Execution Act of 2009 (MEA) [text, PDF] was an unconstitutional delegation of power from the legislative branch to the executive branch:
It is evident to this court that the legislature has abdicated its responsibility and passed to the executive branch, in this case the ADC, the unfettered discretion to determine all protocol and procedures, most notably the chemicals to be used, for a state execution. The MEA fails to provide reasonable guidelines for the selection of chemicals to be used during lethal injection and it fails to provide any general policy with regard to the lethal-injection procedure.
Two justices dissented, arguing that the MEA was within the legislature's constitutional bounds.

Lethal injection drugs have been a subject of controversy recently. In August, a state judge in Arkansas ruled [JURIST report] that a state law provision allowing "any other chemical or chemicals" to be used for lethal injections violates the constitution's protection against cruel and unusual punishment. The ADC relinquished its supply of sodium thiopental, a drug used in the lethal injection process, after coming under fire for obtaining the drug from Dream Pharma [corporate website], a British pharmaceutical company. The state was forced to purchase sodium thiopental overseas [AP report] after the sole US manufacturer of the drug stopped production. The shortage of sodium thiopental in the US has caused several states to modify lethal injection protocol, which has led to a number of constitutional challenges by death row inmates.




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AI: Afghanistan should work with ICC to bring justice for war crimes
Jaimie Cremeans on June 23, 2012 3:41 PM ET

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[JURIST] Amnesty International (AI) [advocacy website] said [press release] Friday that a recent Taliban hotel attack that killed 15 civilians should serve as a reminder that the Afghan government should work with the International Criminal Court (ICC) [official website] to bring justice to those responsible for war crimes and crimes against humanity. The attack occurred on Thursday night at the Spozhmay Hotel outside of Kabul when Taliban fighters killed at least 20 people, 15 of whom were civilians, and held dozens more hostage for almost 12 hours. It ended in a shootout between Taliban fighters and North Atlantic Treaty Organization (NATO) [official website] and Afghan soldiers. AI Acting Asia and Pacific Program Director Catherine Baber said:
The Afghan government and its international partners must not lose sight of human rights as they pursue reconciliation with the Taleban. Any potential peace deal must not include impunity for war crimes and other grave human rights abuses committed by all parties to the conflict.
AI said Thursday's attack was the most serious on civilians since the Taliban's attack last year on Afghanistan's Intercontinental Hotel, which killed 22 people.

Other countries have been taking action against Taliban members for their war crimes and crimes against humanity. In 2010, the US filed charges [JURIST report] against a Pakistani Taliban leader for an attack on its Central Intelligence Agency [official website] Afghan outpost that killed nine people. In 2008, Pakistan filed charges [JURIST report] against another Pakistani Taliban leader for involvement in the assassination of its former prime minister, Benzhair Bhutto. In 2006, the US brought charges against [JURIST report] a Guantanamo Bay detainee for working as a translator and money-man for Taliban and al Qaeda leaders in Afghanistan.




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Wisconsin Supreme Court upholds judgment against pharmaceutical companies
Jaimie Cremeans on June 23, 2012 2:40 PM ET

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[JURIST] The Wisconsin Supreme Court on Friday upheld a money judgment [opinion, PDF] against Pharmacia Corporation for inflating drug prices to Wisconsin Medicaid in violation of Wisconsin Statutes 100.18, the Wisconsin's Deceptive Trade Practices Act (DTPA) and 49.49(4m)(a)2, the Medicaid Fraud Statute [text]. In 2009, a jury awarded the state $2 million for the DTPA violation and $7 million for the Medicaid fraud. An appeals court then vacated the jury's answer to a special verdict question and reduced the number of violations Pharmacia had committed during post-trial proceedings. When both parties appealed on numerous issues, the appeals court certified to the supreme court the issues of (1) whether the state had a right to a jury trial, (2) whether the damages were based on the jury's "impermissible speculation" and (3) whether the number of violations were properly reduced by the circuit court. The supreme court affirmed the appeals court's decisions on all of these issues, determining that the state was entitled to a jury trial under the Wisconsin Constitution [text, PDF], the jury's award of damages was not based on impermissible speculation and the appeals court properly reduced the number of violations. After deciding these three issues, the supreme court remanded the case back to the appeals court to decide all other issues appealed by the parties.

Laws regulating pharmaceutical companies and prescription drugs have been the subject of many state and national court rulings. In 2008, the US Court of Appeals for the First Circuit upheld [JURIST report] the constitutionality of a New Hampshire law that prohibits pharmaceutical companies' gathering data from prescription drug records to target doctors for sales. The law had been struck down [JURIST report] by a federal district court in 2007. Also in 2008, pharmaceutical company Merck & Co. [corporate website] payed $58 million to settle a lawsuit [JURIST report] brought by 29 states for its alleged deceptive advertising for the painkiller Vioxx. In 2005, California also sued 39 pharmaceutical companies [JURIST report] for inflating payments from the state's Medicaid program.




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Kosovo parliament passes new media laws
Jamie Davis on June 23, 2012 10:14 AM ET

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[JURIST] Kosovo's parliament approved a penal code with new laws on Friday that require journalists to reveal their sources and make defamation a crime. In response to the new laws, Kosovo's deputy prime minister, Hajredin Kuci, resigned from office [Reuters report] because he feels they undermine media freedom. Kosovo's parliament originally approved the new law in April, but president Atifete Jahjaga [official website] sent it back for a second vote after he rejected it. The country's prime minister, Hashim Thaci [official website], pledged to send the code back for a third vote, but will exclude the controversial media laws.

Kosovo has been in the news since it declared independence in 2008. Last month, Moshe Harel was arrested in connection with the organ trafficking operation [JURIST report] in Kosovo during the 1998-1999 Kosovo War. This organ trafficking scandal has been receiving more attention after a report implicated [JURIST report] Thaci in the scheme. Since then, an EU prosecutor began investigating organ trafficking in Albania [JURIST report] in October 2011. In August of that year a US prosecutor began investigating Thaci's role in the scandal [JURIST report]. In February 2011 UN Special Representative to Kosovo Lamberto Zannier requested [JURIST report] that the UN Security Council open an independent investigation into alleged incidents of organ trafficking. That January, the COE also demanded that Albania and Kosovo investigate the claims [JURIST report].




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Paraguay Congress removes president from office after impeachment trial
Jamie Davis on June 23, 2012 10:09 AM ET

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[JURIST] Paraguay's Congress on Friday removed president Fernando Lugo from office after it found him guilty of mishandling armed clashes that took place last week during which 17 police and farmers were killed. The lower house of Congress voted 76-1 on Thursday to impeach Lugo, while the Senate [official website, in Spanish] made the decision to remove him from office [AP report] the next day in a 39-4 vote. Vice President Federico Franco was sworn into office [Bloomberg report] immediately after Lugo was removed, as the country's constitution requires. Lugo gave a statement after his removal, comparing the short impeachment trial to a coup, but promised to accept the decision and urged his supporters to remain peaceful. The quickness with which the impeachment trial was conducted concerned leaders of other nations, as some foreign ministers traveled to Paraguay and warned of possible sanctions if Lugo was removed from office.

Other countries have recently ousted their leaders as well. Earlier this month, an Egyptian court found former Egyptian president Hosni Mubarak guilty of complicity to kill protesters [JURIST report] during the Arab Spring protests and sentenced him to life in prison. In January, the Yemeni parliament approved a bill granting immunity [JURIST report] to President Ali Abdullah Saleh in exchange for him stepping down. Last year, Libyan opposition forces captured and killed former leader Muammar Gaddafi [JURIST report] in his hometown of Sirte.




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