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 Thursday, February 27, 2014

Israel urged to investigate use of excessive military force
William Helbling on February 27, 2014 12:07 PM ET

[JURIST] Israeli soldiers have used excessive force in the West Bank [CIA backgrounder] since 2011, Amnesty International (AI) [advocacy website] said in a report [text, PDF] Thursday. AI's investigation was specifically focused on the evidence of the unlawful shootings of 22 Palestinian civilians by Israeli soldiers. The shootings arose from the Palestinians' continuing protests [AI report] against the Israeli government for their occupation of Palestinian territories and illegal construction of a barrier within the West Bank. With this report, AI is urging the Israeli government to open investigations into the wrongful killings of these Palestinians in order to seek a remedy for the possible violations of both Israeli and international law.
Israel has been criticized recently for potential human rights violations, particularly with respect to the conflict in Gaza [JURIST news archive] and the West Bank. Recently the UN has urged [JURIST report] for Israeli forces to cease its use of live ammunition against civilians that may constitute excessive use of force in the West Bank. In December Human Rights Watch [advocacy website] accused the Israeli Defense Forces of war crimes [JURIST report] after a November aerial bombing raid killed 12 civilians in Gaza. In response, UN Special Rapporteur Richard Falk called on Israel [JURIST report] to fully implement and continue to support the recent conflict-ending ceasefire agreement with Palestinians in Gaza.


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Egypt court convicts members of alleged terrorist group
Amy Mathieu on February 27, 2014 12:04 PM ET

[JURIST]
Egypt's Cairo Criminal Court convicted 26 people on Wednesday charged with forming a terrorist group with the intent to attack the Suez Canal [official website]. The group was charged with planning attacks on ships in the Suez Canal as well as security buildings, foreign tourists, Christians and police. Most of the defendants received [AP report] death sentences and tried in absentia, but it is likely they will receive a retrial when arrested. One of the present defendants was younger than 18, and thus did not receive a death sentence. In 2012 an Egyptian court sentenced [JURIST report] 14 militants to death on similar charges of attacks on police and civilians in the Sinai Peninsula. Eight of the fourteen are still in prison and the rest were tired in absentia.
Egypt has dealt with political unrest since the Egyptian Revolution [JURIST backgrounder] began in 2011. On Tuesday Egypt's Prosecutor General referred [JURIST report] 504 members of the Muslim Brotherhood for a mass trial. Earlier this month Egypt's deposed president Mohamed Morsi [BBC backgrounder] appeared in court in his trial [JURIST reports] for espionage and conspiring to commit acts of terrorism. Morsi's trial signifies Egypt's political transition from the authority of the Muslim Brotherhood into a new regime. Morsi appeared before the court earlier this month, but the trial was adjourned [JURIST report] to give a committee of media members time to inspect video evidence the court declassified for the trial. In recent months, hundreds of members of the Muslim Brotherhood have been convicted on criminal charges, with 113 supporters sentenced in January, and 139 sentenced [JURIST reports] in December.


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China court accepts suit against Japanese firms for WWII forced labor
Peter Snyder on February 27, 2014 11:38 AM ET

[JURIST] Beijing's No. 1 Intermediate People's Court on Thursday accepted a lawsuit filed by 37 plaintiffs seeking compensation from two Japanese companies, Mitsubishi Materials and Nippon Coke and Engineering [corporate websites], for forced labor during World War II [LOC backgrounder]. The suit alleges that the plaintiffs and their relatives were taken [BBC report] to Japan where they were forced to work in coal mines during the War. According to the BBC, the top Japanese government spokesman Yoshihide Suga [official profile] has stated that there are no issues of liability for Japanese companies because of the 1972 Joint Communique of the Government of Japan and the Government of the People's Republic of China [text] establishing diplomatic ties between both countries.
The Chinese court's decision to hear this case is the most recent episode in a fight for compensation that has been going on for decades. In 2007 the Japanese Sapporo High Court upheld [JURIST report] a 2004 lower court decision rejecting a lawsuit brought by Chinese plaintiffs who say they were forced to work as slave laborers in mines and factories during World War II. The lawsuit, originally filed in 1999, sought nearly seven million dollars in compensation from the Chinese government and six companies. Also in 2007 a Japanese district court rejected [JURIST report] demands for compensation by 22 South Korean women, as well as the surviving relatives of other women, who were forced to work at a Japanese military hardware factory during World War II.


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Former Germany president cleared of corruption charges
Taylor Gillan on February 27, 2014 11:36 AM ET

[JURIST] A German court on Thursday cleared former president Christian Wulff [official profile; JURIST news archive] of corruption charges that sprang from allegations that he had accepted bribes in exchange for political favors. Judge Frank Rosenow informed the court [Reuters report] of Wulff's acquittal, saying that there was insufficient proof that the former president had accepted illegal payments. Wulff, who has insisted on his innocence since his resignation in 2012, chose to clear his name at trial rather than settle out of court. Prosecutors argued that Wulff, who was premier of the state of Lower Saxony at the time of the alleged offense, allowed a filmmaker to pay for his hotel stay and meals during a visit to the Oktoberfest beer festival in 2008, amounting to about 719 euros, and that he agreed to lobby to provide financial support for a film in exchange. The favors that led to the corruption charges were accepted two years before he began his 20-month presidential term.
In November Wulff went on trial [JURIST report] in Hanover, denying allegations of corruption. German Chancellor Angela Merkel [official website, in German] selected Wulff to fill the largely ceremonial role of president in 2010. In 2011 German media sources accused Wulff of accepting a €500,000 (USD $650,000) low interest home loan from the wife of German businessman Egon Geerkens. Wulff reportedly gave false statements [BBC report] about the loan in front of parliament, leading to his resignation in February 2012. Corruption has been an issue in Germany in the past. In 2007 Germany introduced draft legislation [JURIST report] to tighten anti-corruption laws on the heels of scandals at Volkswagen AG and Siemens AG. The law sought to increase public prosecutors' power to investigate corruption of a broader range of implicated employees, and to allow employees of foreign corporations to be indicted in Germany.


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Germany top court finds EU voting threshold unconstitutional
Amy Mathieu on February 27, 2014 11:23 AM ET

[JURIST]
Germany's Karlsruhe court [official website, in German] ruled on Wednesday that the 3% voting threshold for political parties to enter the the European Parliament [official website] is unconstitutional. The German government lowered the voting threshold from 5% to 3% last year, but the top court ruled [BBC report] by a 5-3 vote that it should be abolished altogether. The ruling will allow smaller parties like the far-right Democratic Party of Germany (NPD), Free Voters, Pirates and Ecological Democratic Party to obtain seats in the May 2014 election. Most countries in the European Union (EU) [official website] do not have a voting threshold in place, but eight member states retain a threshold. The court reasoned that the threshold was no longer necessary in order to preserve the European Parliament's ability to function. If there had been no threshold in the last election, the far-right NPD would have gained a seat in the European elections. NPD has been accused of promoting neo-Nazi ideals [JURIST report].
Besides Germany, several countries have faced issues dealing with neo-Nazi movements and propaganda. In 2013 an Austrian court convicted [JURIST report] three neo-Nazis of glorifying Nazism over the Internet, sentencing them to as many as nine years in prison. In June 2011 the Supreme Court of Spain [official website, in Spanish] overturned [JURIST report] the convictions of four individuals charged with distributing neo-Nazi propaganda, reasoning that disseminating Nazi ideology is not a crime unless used to incite violence or certain danger, or create a hostile climate. In July 2010 a Russian court sentenced [JURIST report] 14 neo-Nazis, including a group leader and several teenagers, to jail terms for committing hate crimes against ethnic minorities in the country. Also in 2010 a criminal court in France convicted [JURIST report] 14 members of a neo-Nazi group.


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France high court blocks extradition of Rwandan genocide suspect
Peter Snyder on February 27, 2014 11:07 AM ET

[JURIST] The French Court of Cassation [official website, in French] on Thursday blocked [decision, in French] plans to extradite three men to stand trial in Rwanda for alleged crimes committed during the 1994 Rwandan Genocide [UN backgrounder]. The court overturned a November decision [JURIST report] by the Court of Appeal of Paris to allow the extradition of Claude Muhayimana and Innocent Musabyimana. The court also rejected [decision, in French] an appeal of a September ruling blocking extradition of Laurent Serubuga, who was Rwanda's deputy army chief-of-staff at the time of the Genocide. The court found that all three men could not be tried for genocide and crimes against humanity allegedly committed in 1994 because Rwandan law punishing such offenses did not exist until 1996. All three men fled [BBC report] to France in the wake of the Genocide.
Earlier this week the trial of the first suspect to be transferred from the International Criminal Tribunal for Rwanda (ICTR) [official website] to the Rwandan national court system began [JURIST report]. The Tanzanian-based UN tribunal transferred [JURIST report] Jean Bosco Uwinkindi [ICTR indictment, PDF] in April 2012 to stand trial for his role in the 1994 Genocide. Last week a court in Frankfurt, Germany, sentenced [JURIST report] former Rwandan mayor Onesphore Rwabukombe to 14 years in prison for his role in the Genocide. Earlier this month the ICTR announced [JURIST report] that Augustin Ndindiliyimana, the former chief of staff of the Rwandan parliamentary police, and Francois-Xavier Nzuwonemeye, the former commander of a military reconnaissance battalion, had been acquitted on appeal. Also in February a French court opened the trial [JURIST report] against former Rwandan intelligence chief Pascal Simbikangwa in the country's first trial of a suspect related to the genocide.


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Cambodia ends ban on public protests
Taylor Gillan on February 27, 2014 10:53 AM ET

[JURIST] Cambodian officials on Wednesday said that the country has ended its ban on public demonstrations that was imposed last month after police opened fire on protesting textile workers. According to Interior Ministry [official website, in Khmer] spokesman Khieu Sopheak, those wishing to stage protests will still have to seek permission [AFP report] from local authorities despite the ban being lifted. In a statement on Tuesday, Prime Minister Hun Sen [NYT archive, JURIST news archive] warned [Phnom Penh Post report] that the lifting of the ban gave his own supporters the right to protest as well, and that future anti-government rallies would be met by rallies held by pro-government support groups. Recent demonstrations [press release] have been the combined efforts of opposition groups protesting the allegedly rigged election of Hun Sen last year, as well as garment workers demanding higher wages.
The political atmosphere in Cambodia has been tense since last year's elections. Earlier this month Human Rights Watch [advocacy website] urged [JURIST report] the Cambodian government to take steps to stop the threats and intimidation of garment factory workers who are seeking to assert their labor rights through the formation of unions. In January the International Labour Organization (ILO) [official website] called for cooperation among all parties involved in escalating violence in Cambodia, demanding a release of detained union strikers and a government probe into anti-protest police tactics [JURIST report]. Earlier that month the UN Office of the High Commissioner for Human Rights urged [JURIST report] Cambodian authorities to exercise restraint when dealing with protestors. Days beforehand, Cambodia banned rallies and marches [Al Jazeera report] in the Cambodian capital Phnom Penh, and authorities removed more than 1,000 anti-government protesters [BBC report] from the capital the same day. Phnom Penh's governor Pa Socheatvong further stated that until "public order is restored to normal," the opposition Cambodia National Rescue Party would not be permitted to hold demonstrations [AFP report].


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Supreme Court hears oral arguments on attorneys' fee awards in patent litigation
Cynthia Miley on February 27, 2014 10:25 AM ET

[JURIST] The US Supreme Court [official website] heard oral arguments [day call, PDF] Wednesday in two cases. In Octane Fitness v. Icon Health and Fitness [transcript, PDF], the court is considering whether the US Court of Appeals for the Federal Circuit's [official website] promulgation of a rigid and exclusive two-part test for determining whether a case is "exceptional" under 35 USC § 285 [text] improperly appropriates a district court's discretionary authority to award attorney fees. Icon Health and Fitness sued Octane Health [corporate websites] over alleged patent infringement involving an elliptical exercise machine. Octane prevailed in federal district court but was denied attorneys' fees [opinion, PDF] by the Federal Circuit Court, which affirmed that the suit was not "exceptional" because it held that, absent litigation or patent misconduct, attorneys fees would only be granted if a patent holder brought an "objectively baseless" claim in "subjective bad faith." Octane petitioned [text, PDF] for certiorari, and the Supreme Court granted the petition in October.
In Highmark v. Allcare Health Management Systems [transcript, PDF], the Supreme Court is considering whether a district court's finding that a patent case is exceptional based on its judgment that a suit is "objectively baseless" is entitled to deference in higher courts. Allcare Health Management Systems notified Highmark [corporate websites] of patent infringement concerning a method of data entry and management used in medical treatment situations. Highmark then sought a declaratory noninfringement judgment and Allcare counterclaimed. Highmark prevailed in the district court and then moved to be granted attorneys' fees for an exceptional cases. The district court granted attorneys' fees for two of the claims, but the Federal Circuit Court reviewed the claims de novo [opinion, PDF] and reversed one of awards. The Supreme Court granted certiorari the same day as it did for Icon Health and Fitness v. Octane Fitness to determine what level of review the appellate court should have granted the claim.


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EU parliament votes to approve smoking regulations
Cynthia Miley on February 27, 2014 9:46 AM ET

[JURIST] The EU Parliament [official website] on Wednesday voted to approve [press release] an anti-tobacco law that requires cigarette makers to increase the size of health warnings on packets from 30 percent to 65 percent of the surface of the package. The law also regulates electronic cigarettes for the first time. Electronic cigarettes will have to comply with packaging and advertising rules, and makers of e-cigarettes will also have to notify EU member state governments prior to introducing new products. Makers of e-cigarettes will also report annual sales volumes to their EU member state. EU lawmakers approved draft versions [JURIST report] of the new regulations in October. The warning labels will include graphic pictures and text and cover the front and back of the package. The law also bans smoking tobacco products with flavors, although the menthol flavor will not be phased out until 2020.
The EU is not the first to face the issue of graphic warning labels for cigarette packagining. In August 2012 the High Court of Australia [official website] upheld [JURIST report] a law that requires cigarette packages to display graphic images warning of the dangers of smoking and bans brand logos. In the US, there is debate over the constitutionality of graphic cigarette warning labels. The US Court of Appeals for the District of Columbia Circuit [official website] struck down [JURIST report] graphic warnings in August 2012, holding that the Food and Drug Administration's (FDA) [official website] rule on graphic cigarette label warnings exceeded the agency's statutory authority and undermined tobacco companies' economic autonomy. However, in March 2012 the US Court of Appeals for the Sixth Circuit [official website] upheld the constitutionality [opinion, PDF] of graphic cigarette warning labels, ruling that portions of the Family Smoking Prevention and Tobacco Control Act (FSPTCA) [HR 1256 text] is a valid restriction of commercial speech and also upheld the FDA's regulations requiring more prominent graphic health warning labels on packaging struck down in an earlier ruling.


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Ukraine interim government requests international arrest warrant for Yanukovich
Theresa Donovan on February 27, 2014 8:17 AM ET

[JURIST] Ukraine interim general prosecutor reported on Wednesday that an international arrest warrant has been requested for ousted president Viktor Yanukovich, implicating him in the "mass murder" of civilians during the recent Kiev protests. Oleg Makhnytsky reported [AFP report] that the former president was "the subject of an international arrest warrant." It is unknown at this time whether Ukrainian officials have additionally made a formal request to Interpol for Yanukovich's arrest. Meanwhile, the current interim government is expected to be formally approved by the Ukrainian parliamentary body Verkhovna Rada [official website] on Thursday, and interim leaders have proposed [AP report] that Arseniy Yatsenyuk, who has formerly served as economy minister, foreign minister and parliamentary speaker, become Ukraine's new prime minister.
Ukraine's interim officials have rapidly worked to alter the state of affairs within the government in the few days since Yanukovich fled from Kiev. The Ukrainian parliament voted on Tuesday to adopt a resolution [JURIST report] referring Yanukovich and other high-ranking state officials to the jurisdiction of the International Criminal Court (ICC). Yanukovich was last seen in the Crimean peninsula after state officials on Monday issued [JURIST report] a warrant for his arrest, implicating him in the "mass murder" of civilians during the recent protests. The Ukrainian parliament voted [JURIST report] on Saturday to remove him from power, after his repeated refusals to resign in response to the escalating violence. There has been substantial international concern over the mounting crisis in the country, and on February 19 the UN High Commissioner for Human Rights made a statement urging [JURIST report] both sides of the conflict to reach a peaceful resolution and end the violence. This followed a January 31 statement by the office that called for [JURIST report] an investigation into allegations of torture against protesters. A day earlier the Ukrainian parliament passed a resolution granting [JURIST report] conditional amnesty to many protesters, a move that failed to conciliate the opposition groups.


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UN rights chief condemns attacks by Yemen armed forces
Theresa Donovan on February 27, 2014 7:31 AM ET

[JURIST] UN High Commissioner for Human Rights Navi Pillay [official website] on Wednesday condemned [news release] attacks in Al Dhale Governorate by Yemeni armed forces, which are disproportionately affecting civilians. Pillay reported that since December, these attacks have killed more than 40 individuals, four of whom were children. Also of concern is the fact that buildings such as hospitals, clinics and schools have been shelled during some of these attacks. Although Yemeni forces have claimed that they have been attacked by armed groups, Pillay responded that these claims "can never justify the use of indiscriminate and disproportionate attacks." Another area of concern involved the non-action of the investigation committee that was established by President Abd-Rabbu Mansour Hadi in response to the December 27 shelling of a funeral procession [JURIST report] that killed 21 Yemeni civilians and injured 30 others. Pillay urged the committee to release any findings and recommendations that resulted from its investigation. Also noted was the fact that approximately 50,000 Yemeni civilians are currently in need of humanitarian assistance, and additionally that a number of civilians may be trapped in various towns due to ongoing violence. Pillay called on commanders to ensure that troops respect international law, and called on Yemeni authorities to allow UN agencies immediate access in order to deliver humanitarian aid, as well as to ensure that civilians wishing to leave conflict areas are safely able to do so.
The UN and other advocacy organizations have repeatedly urged the Yemeni government to investigate possible human rights violations and to reform the country's laws in accordance with international human rights standards. Human Rights Watch (HRW) [advocacy website] in November called on Yemen's National Dialogue Conference (NDC) to endorse proposed legislation that would strike down a 2012 law providing blanket immunity [JURIST reports] to former president Ali Abdullah Saleh [BBC backgrounder; JURIST news archive]. The new legislation would allow Saleh to be prosecuted for any crime, including any human rights violations. HRW called on [JURIST report] the NDC in September to incorporate stronger protections for women's rights into its new constitution. In March HRW urged [JURIST report] the government to stop seeking and enforcing the death penalty for juvenile offenders. The group accused the Yemeni government, which has the fifth highest number of executions in the world, of executing at least 15 individuals since 2007 for crimes committed while under the age of 18. HRW also criticized [JURIST report] Yemeni authorities in February for failing to investigate top officials for the shooting deaths of 45 anti-government demonstrators who were killed in March 2011.


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Supreme Court sides with Pentagon in military protest case
Theresa Donovan on February 27, 2014 6:57 AM ET

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] unanimously on Wednesday in United States v. Apel [SCOTUSblog backgrounder] that 18 USC § 1382 [text], which prohibits a person from reentering a military installation after a commanding officer has ordered him not to reenter, may be enforced on a portion of an installation that is subject to a public roadway easement and that contains a designated protest area. A protester, John Apel, was barred from a military base in California, but continued to protest on a public roadway on government-owned land outside the entrance. He was convicted of three counts of trespassing. The US Court of Appeals for the Ninth Circuit [official website] reversed Apel's convictions. Wednesday's Supreme Court decision, which was delivered by Chief Justice John Roberts, effectively vacated that of the Ninth Circuit. The court held:Where a place with a defined boundary is under the administration of a military department, the limits of the "military installation" for purposes of §1382 are coterminous with the commanding officer's area of responsibility. Those limits do not change when the commander invites the public to use a portion of the base for a road, a school, a bus stop, or a protest area, especially when the commander reserves authority to protect military property by, among other things, excluding vandals and trespassers. Justice Samuel Alito filed a concurring opinion, as did Justice Ruth Bader Ginsburg, who was joined by Justice Sonia Sotomayor. The case is now on remand to the district court.
The court heard arguments [JURIST report] in the case in December. Apel's attorney argued that the federal statute in fact was applied only if there is exclusive federal possession. He further noted that any other interpretation would infringe upon an individual's First Amendment rights. The Supreme Court however continuously advised the respondent's counsel to focus on the easement issue rather than the First Amendment. Justice Antonin Scalia noted that respondent's counsel keeps "sliding into the First Amendment issue, which is not the issue on which we granted certiorari. We're only interested in whether the statute applies." Apel's counsel claimed that the US wants the benefit of having an easement so that the state would be responsible for maintenance and liabilities while assuming control over the public road as it would within the base. However, he argued that "[o]nce they've created a public road, once they've created a designated protest zone, it is different, functionally, than the rest of the base."


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Arizona governor vetoes bill allowing businesses to refuse service
Theresa Donovan on February 27, 2014 6:16 AM ET

[JURIST] Arizona Governor Jan Brewer [official website] on Wednesday vetoed [veto letter, PDF] controversial Bill 1062 [materials], which would have permitted state business owners to refuse service to individuals for "religious reasons," and which has largely been denounced by critics as sanctioning discrimination against LGBT individuals. The bill was jointly written by the conservative Center for Arizona Policy and the Alliance Defending Freedom [advocacy websites], a Christian legal organization, and was approved [JURIST report] by Arizona state lawmakers last week. Brewer wrote in her veto letter to the president of the Arizona state senate that Bill 1062 "does not seek to address a specific and present concern related to Arizona businesses," and also that "the bill is broadly worded and could result in unintended and negative consequences." Brewer's decision has been applauded [press release] by the American Civil Liberties Union of Arizona (ACLU) [advocacy website].
LGBT rights continues to be a divisive issue, both in the US and abroad, with the primary focus being on the right of same-sex couples to marry [JURIST backgrounder]. Also Wednesday a federal judge struck down [JURIST report] Texas' same-sex marriage ban as unconstitutional. In January four Arizona same-sex couples filed [JURIST report] a lawsuit in federal court seeking to overturn the state's constitutional ban on same-sex marriages. In December a federal court declared [JURIST report] Utah's same-sex marriage ban unconstitutional, and a similar decision was reached [JURIST report] by the New Mexico Supreme Court just a few days prior, following an August order [JURIST report] to New Mexico district court clerks to begin issuing marriage licenses to same-sex couples. In June the US Supreme Court overturned [JURIST report] the Defense of Marriage Act, a federal statute defining marriage as a legal union between a man and a woman, and which precluded same-sex couples legally married under state law from receiving federal benefits afforded to heterosexual couples.


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 Wednesday, February 26, 2014

Federal judge declares Texas same-sex marriage ban unconstitutional
Daniel Mullen on February 26, 2014 3:18 PM ET

[JURIST] A judge for the US District Court for the Western District of Texas [official website] ruled [opinion] Wednesday that Article 1, Section 32 [text] of the Texas constitution, which defines marriage as a union between one man and one woman, violates the federal constitutional guarantee of equal protection and due process. The lawsuit includes two same-sex couples; one wishing to marry in the state of Texas and the other seeking to have Texas recognize their prior marriage, which took Massachusetts. Judge Orlando Garcia granted the couples' preliminary injunction enjoining the state from enforcing the ban on same-sex marriage on the grounds that the ban violates the Equal Protection and Due Process Clauses of the Fourteenth Amendment in that it deprives same-sex couples of their fundamental rights without furthering any legitimate interests. Garcia is the sixth federal judge [MSNBC report] to strike down a state ban on same-sex marriage since the US Supreme Court's ruling in US v. Windsor [JURIST report] last summer, which invalidated the Defense of Marriage Act (DOMA).
The heated debate over same-sex marriage [JURIST backgrounder] is one of the most polarizing issues currently facing the american legal community, with legal challenges currently before numerous state and federal courts. Earlier this week Virginia appealed [JURIST report] a federal ruling against the state's same-sex marriage ban. Last week Oregon's Attorney General announced [JURIST report] her intention not to defend the state's ban on same-sex marriage in court. Since July attorneys general in Nevada, Virginia and Pennsylvania [JURIST reports] have made similar decisions not to defend bans on same-sex marriage. Also last week, a federal judge in Illinois ruled [JURIST report] that same sex couples in Cook County could be issued marriage licenses immediately, rather than wait until June, when the state's same-sex marriage law goes into effect. A federal judge in Kentuckey ruled [JURIST report] earlier this month that the state must recognize valid out-of-state same-sex marriages.


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Supreme Court allows class action for Stanford Ponzi scheme victims
Daniel Mullen on February 26, 2014 2:19 PM ET

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] 7-2 Wednesday in Chadbourne & Parke LLP v. Troice [SCOTUSblog backgrounder] that the Securities Litigation Uniform Standards Act of 1998 (SLUSA) [text, PDF] does not bar the plaintiffs' state law class action suit. The lawsuit was brought by the victims of the multibillion dollar Ponzi scheme orchestrated by Allen Stanford [BBC profile; JURIST news archive]. In March 2012 the US Court of Appeals for the Fifth Circuit [official website] overturned [JURIST report] a lower court decision that found the lawsuits violated the SLUSA, prompting an appeal to the Supreme Court. Writing for the court, Justice Stephen Breyer affirmed the Fifth Circuit's holding that the SLUSA does not preclude the plaintiffs' state-law class action suits because the certificates of deposit sold by Stanford International Bank does not a "covered security" within the meaning of the Act. Justice Anthony Kennedy filed a dissenting opinion, which was joined by Justice Samuel Alito.
The Supreme Court's ruling is the latest legal development arising out of Stanford's Ponzi scheme. In August a federal judge in Florida dismissed [JURIST report] a lawsuit against the Securities and Exchange Commission (SEC) [official website] over the agency's alleged failure to report Stanford's Ponzi scheme to the Securities Investor Protection Corporation (SIPC) [official website]. In June 2012 Stanford was sentenced [JURIST report] to 110 years in prison for his Ponzi scheme. The trial against Stanford began after a federal judged ruled [JURIST report] in 2011 that he was competent to stand trial, overruling a previous determination [JURIST report] that his anti-anxiety and anti-depression medications rendered him unable to meaningfully contribute to his defense. In February 2011, Stanford accused [JURIST report] several federal agents of depriving him of his constitutional rights through abusive law-enforcement methods.


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UK police arrest former Guantanamo detainee on Syria terrorism charges
Bradley McAllister on February 26, 2014 1:06 PM ET

[JURIST] British police counter-terrorism forces announced on Tuesday the arrest of Moazzam Begg [Guardian backgrounder] in his hometown of Birmingham, England, along with three other individuals on suspicion of terrorism offenses related to the war in Syria [JURIST backgrounder]. Begg was a detainee at Guantanamo Bay [JURIST backgrounder], and he was one of the last detainees from the UK to be returned. British authorities have expressed concern [NYT report] about their citizens fighting in jihadist groups in Syria, and Begg is the most high profile arrestee in connection with the UK's attempt to minimize influence in the Syrian conflict. The police reported Begg is suspected [Guardian report] of attending a terrorist training camp and facilitating terrorism overseas. According to British counter-terrorism laws, the police are authorized to detain Begg for up to 14 days, and police will conduct a search of the arrestee's vehicles and electronic devices.
Britons traveling to Syria is one of the major counter-terrorism threats facing the UK police. The estimated number of aspiring jihadists traveling from the UK to Syria has risen [WSJ report] to at least 400. Begg was arrested in Pakistan in 2002 and he was one of a small group of UK nationals detained at Guantanamo Bay. The US claimed that he was a recruiter and fundraiser for al Qaeda, but he was released without charge in 2005 after the British government intervened to free their citizens from Guantanamo. Following his release Begg was outspoken about the conditions in Guantanamo and he made remarks [JURIST reports] about terroristic activity. In early 2005, the UK government denied passports [JURIST report] to some of the Britons released from Guantanamo Bay.


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Turkish president signs law increasing government control over judiciary
Bradley McAllister on February 26, 2014 12:22 PM ET

[JURIST] Turkish President Abdullah Gul [BBC backgrounder] approved a law on Wednesday which increases government control over the appointment of judges and prosecutors in the country. The new law [Reuters report] grants the Ministry of Justice [official website] greater control over the Supreme Board of Judges and Prosecutors (HSYK) [official website, in Turkish], an independent body responsible for appointing members of the judiciary. The bill was signed into law amidst rising controversy [Today's Zaman report] since the law was approved by parliament [JURIST report] on February 15. The law was given final parliamentary approval [JURIST report] earlier this week and has sparked protests over suspected government corruption. The main opposition Republican People's Party (CHP) [party website] is expected to file a challenge to the law in Turkey's Constitutional Court [official website, in Turkish].
Turkish lawmakers have been on the defensive in recent months as the government faces allegations of corruption and authoritarianism. In February the Turkish parliament approved [JURIST report] legislation to heighten Internet restrictions, granting the country's telecommunications authority the ability to block websites or remove content without the court's approval. In December Prime Minister Recep Tayipp Erdogan [BBC backgrounder] named [JURIST report] 10 new members of his cabinet following the resignation of three members under investigation for graft. Also in December a Turkish court rejected [JURIST report] bids to release two members of the parliament for the Kurdish Peace and Democratic Party (BDP), Gulser Yildirim and Ibrahim Ayhan, who have been detained since 2010 when they were each charged with links to the militant Kurdistan Workers Party (PKK).


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Apple files appeal in e-book price-fixing case
Dominic Yobbi on February 26, 2014 10:59 AM ET

[JURIST] Apple [corporate website] filed a brief [text, PDF] Wednesday with the US Court of Appeals for the Second Circuit [official website] asking the court to either overturn a ruling from last year that Apple violated anti-trust laws or grant a new trial in front of different judges. Apple argues that the case management order that brought the case together in the Southern District of New York only applied to pretrial activity. They suggest that the class action should be moved to Northern California where it originated in 2011, and that the state action should be moved to the Western District of Texas where it is based. The brief states, "The [New York] Court never entered an order consolidating the class actions and States' action for any purpose other than pretrial proceedings." The brief also criticizes last year's ruling, stating that the judge's finding was a "radical departure" from modern anti-trust law that will "chill competition and harm consumers" if allowed to stand. Apple is currently set for a May 2014 trial for damages, which could amount to approximately $840 million.
Apple has been defending itself in a lawsuit over anti-trust violations brought [Reuters report] by 33 state attorneys general and class action attorneys representing consumers from 16 states. Earlier this month, the Second Circuit court denied a motion [JURIST report] by Apple requesting a temporary hold on the duties of the court appointed external compliance officer Michael Bromwich. This ruling came a month after Apple sought to disqualify [JURIST report] Bromwich for exceeding his mandate. Bromwich was installed by Judge Cote of the US District Court for the Southern District of New York in October. In addition to installing Bromwich, Cote had also entered an injunction [JURIST report] against Apple in September, preventing the company from future anti-trust violations in connection with e-book price fixing. This all comes on the heels of a July ruling [JURIST report] by Cote, who found that Apple violated the Sherman Act and various state statutes in an e-book price fixing conspiracy. The US Department of Justice [official website] accused Apple of working with major publishers to increase the price of their e-books.


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Rwanda court opens trial of first genocide suspect transfered from ICTR
Peter Snyder on February 26, 2014 10:54 AM ET

[JURIST] The trial of the first suspect to be transferred from the International Criminal Tribunal for Rwanda (ICTR) [official website] to the Rwandan national court system began Wednesday. The Tanzanian-based UN tribunal transferred [JURIST report] Jean Bosco Uwinkindi [ICTR indictment, PDF] in April 2012 to stand trial for his role in the 1994 Rwandan Genocide [UN backgrounder]. Uwinkindi, a former Pentecostal preacher is accused [DW report] of genocide and crimes against humanity having allegedly led a group of Hutu in the massacre of over 2000 Tutsi civilians in the Kanzenze commune. The accused was indicted by the ICTR in 2001 and was arrested in 2011 as he entered Uganda from the Democratic Republic of Congo.
Last week a court in Frankfurt, Germany, sentenced [JURIST report] former Rwandan mayor Onesphore Rwabukombe to 14 years in prison for his role in the 1994 Rwandan Genocide. Earlier this month the ICTR announced [JURIST report] that Augustin Ndindiliyimana, the former chief of staff of the Rwandan parliamentary police, and Francois-Xavier Nzuwonemeye, the former commander of a military reconnaissance battalion, had been acquitted on appeal [judgment, PDF]. Also in February a French court opened the trial [JURIST report] against former Rwandan intelligence chief Pascal Simbikangwa in the country's first trial of a suspect related to the genocide. In January the UN Special Rapporteur on the rights to freedom of peaceful assembly and association Maina Kiai praised [JURIST report] Rwandan authorities' accomplishments in developing infrastructure and ensuring stability and security since the 1994 genocide.


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Russia activists sentenced to jail for rally near Kremlin
Peter Snyder on February 26, 2014 10:18 AM ET

[JURIST] A municipal court in Russia on Tuesday sentenced several prominent Russian opposition leaders, including Aleksei Navalny [personal website, in Russian; JURIST news archive], to jail sentences of up to 10 days for participating in a rally near the Kremlin on Monday. More than 400 protesters were detained [NYT report] Monday after demonstrators gathered on Manezh Square to protest prison sentences [JURIST report] given to eight individuals accused of attacking the police on Bolotnaya Square during a 2012 rally against President Vladimir Putin [official website; JURIST news archive]. Among the other prominent activists arrested and sentenced were former deputy prime minister Boris Nemtsov [official website, in Russian] and two members of the feminist rock group Pussy Riot [RAPSI backgrounder; JURIST news archive] Nadezhda Tolokonnikova and Maria Alyokhina.
Navalny, who was sentenced to seven days of administrative arrest for allegedly resisting arrest, is currently serving [JURIST report] a five-year probation sentence for embezzlement. In November a Moscow court ruled that the government could seize Navalny's assets [JURIST report]. Charges for theft and money laundering were filed in October against Navalny and his brother. No trial date has been set, but the penalties include up to 10 years imprisonment for theft and money laundering. Navalny has criticized the charges as an improper attempt to silence people who dissent from the governmental authority. The seizure of assets occurred in connection with those charges. Investigators are accusing both men of defrauding two firms, a cosmetic firm and a cargo delivery firm, of more than 30 million rubles combined.


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Holder urges Congress to pass new data breach legislation
Ann Schober on February 26, 2014 9:31 AM ET

[JURIST] US Attorney General Eric Holder [official website] announced [video; press release] Monday that he is urging Congress to create a "strong national standard" requiring businesses to immediately notify consumers and law enforcement agencies when significant consumer data breaches occur. This announcement comes in the wake of two massive data breaches at major retailers Target and Neiman Marcus late last year. Accusations [NPR report] that the companies reported their breaches with undue delay raised questions about how quickly businesses should be required to notify their customers. Holder, lamenting that this type of crime is "becoming all too common," stated that the Department of Justice is working closely with the US Secret Service and the FBI to investigate cybercrimes and asserted that a national standard requiring quick reporting of such crimes "would empower the American people to protect themselves if they are at risk of identity theft" and "would enable law enforcement to better investigate these crimes." Holder also wants the proposed legislation to address the accountability of businesses who fail to keep their customers' personal and financial information safe while providing exemptions for responsible businesses that may experience "harmless breaches."
Holder's proposed legislation is the latest effort on the federal level to reduce the prevalence of identity theft in the US. Although approximately 46 states [advocacy website] have data breach notification standards, they vary in how much time they require companies to notify customers of such breaches. In a statement [text] before the Senate Judiciary Committee earlier this month, Assistant Attorney General Mythili Raman, pushing for the new federal legislation, reported "cybercrime has increased dramatically over the past decade" resulting in the access and exploitation of the personal information of others. Raman warned of millions of Americans potentially falling victim to identity theft every year. On February 12, President Barack Obama stated [press release] that "cyber threats pose one of the gravest national security dangers that the United States faces." He went on to announce the launch of the "Cybersecurity Framework," a guide for companies to control cyber risk. The Framework is the result of a year-long effort of the National Institute of Standards and Technology [official website] working closely with the private sector to educate organizations and businesses on best practices and standards to "better manage cyber risk" to our country's economy. The Bureau of Justice [official website] defines identity theft "as the unauthorized use or attempted use of existing accounts ... or personal information to open a new account or for other fraudulent purposes" and reports that roughly "seven percent of persons age 16 or older were victims of identity theft in 2012." The majority of these incidents were the result of stolen credit card or bank account information.


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Supreme Court rejects challenge to pre-trial asset freeze
Elizabeth LaForgia on February 26, 2014 8:38 AM ET

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] 6-3 Tuesday in Kaley v. United States [SCOTUSblog backgrounder] that a criminal defendant who has been indicted is not constitutionally entitled to contest a grand jury's finding of probable cause underlying a pre-trial seizure of assets. The US Court of Appeals for the Eleventh Circuit ruled against [opinion] the availability of such hearings because "defendants are not entitled to try the entire case twice," before the trial and then again in front of a judge and jury. The Supreme Court was asked to consider whether the Fifth and Sixth Amendments [text] give a defendant the right to challenge the evidentiary support of the underlying charges in a pre-trial adversarial hearing when a post-indictment, ex parte restraining order freezes assets needed by a criminal defendant to retain counsel of choice. Relying on precedent, the Court found that the freeze placed on the Kaleys' money is valid because "a defendant has no Sixth Amendment right to spend another person's money for legal fees." "The grand jury gets to saywithout any review, oversight, or second-guessingwhether probable cause exists to think that a person committed a crime," Justice Elena Kagan wrote, affirming the Eleventh Circuit's ruling for the majority.If the question in a pre-trial forfeiture case is whether there is probable cause to think the defendant committed the crime alleged, then the answer is: whatever the grand jury decides. ... Congress of course may strike its own balance and give defendants like the Kaleys the kind of hearing they want. ... But the Due Process Clause, even when combined with the defendant's Sixth Amendment interests, does not command those results.
Chief Justice Roberts, joined by Justices Breyer and Sotomayor, dissented: "few things could do more to 'undermine the criminal justice system's integrity' than to allow the Government to initiate a prosecution and then, at its option, disarm its presumptively innocent opponent by depriving him of his counsel of choicewithout even an opportunity to be heard."


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Supreme Court hears arguments on sub-prime mortgage fraud
Elizabeth LaForgia on February 26, 2014 7:17 AM ET

[JURIST] The US Supreme Court [official website] heard oral arguments [day call, PDF] on Tuesday in Robers v. United States [transcript, PDF]. The case addresses the issue of whether a defendant who owes restitution for a fraudulently obtained loan returns a portion of the loan money by giving the lenders the collateral property that secures the money. Petitioner Benjamin Robers submitted fraudulent loan documents for two houses that materially misrepresented his income and ability to repay loans. Robers eventually defaulted on the two mortgages, and the houses were foreclosed and resold for less than the value of the mortgages. Robers pleaded guilty to conspiracy to commit wire fraud, and, under Mandatory Victims Restitution Act (MVRA) [18 USC §3663A, text], must pay restitution equal to the difference between the amount of money he fraudulently took from the banks and the amount of any property he returned to the lenders. Both the lower court and the Seventh Circuit held that under the MVRA, Rober must pay restitution equal to the difference in value between the mortgages and the actual sale price.
Counsel for Robers argued in front of the Supreme Court that the amount owed in restitution should be based on the appraised value of the homes on the date of the foreclosure rather than their value on the date that the lenders sold the properties. In response, the government argued that the MVRA "focuses on ... how much of the property that was lost has been returned to the victim before sentencing." According to the government, the property lost was the money lent due to Rober's fraudulent mortgage, and so restitution should be valued when the houses are sold and money is returned to the victim: "When the property that was lost was a car, you don't get an offset for returning pineapples. When the property that was lost was money, you don't get an offset for returning the house."


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 Tuesday, February 25, 2014

Supreme Court rules contacts with forum state not decisive for personal jurisdiction
Kimberly Bennett on February 25, 2014 5:04 PM ET

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] unanimously Tuesday in Walden v. Fiore [SCOTUSblog backgrounder] that when the conduct of the defendant, a Georgia police officer, occurred entirely in Georgia, the mere fact that his conduct affected plaintiffs with connections to Nevada does not authorize jurisdiction over him in Nevada. The decision overturns the US Court of Appeals for the Ninth Circuit [official website], which concluded [opinion] that the Constitution permitted courts in Nevada to exercise jurisdiction over a deputized Drug Enforcement Administration (DEA) agent who lived and worked in Georgia and seized money from a pair of Nevada gamblers connecting through the Atlanta airport. Gina Fiore and Keith Gipson were traveling to Nevada. They were searched in a layover in Atlanta, Georgia, where their money was seized as evidence of drug transactions. The money was actually legal gambling winnings, but Fiore and Gipson sued the Georgia law enforcement agent in Nevada. The Supreme Court granted certiorari to determine whether due process permits a Nevada court to exercise jurisdiction in this case. Citing Rush v. Savchuck [opinion], the court ruled that no matter how significant plaintiff's contacts with the forum may be, those contacts cannot be "decisive in determining whether the defendant's due process rights are violated." Moreover, the minimum contacts test looks to the defendant's contacts with the forum state itself, not the defendant's contacts with persons who reside there. Justice Clarence Thomas delivered the opinion of the court.
The Supreme Court heard oral arguments [JURIST report] for the case in November. Counsel for Walden argued that the "plaintiff-centered approach is inconsistent with this Court's precedence which emphasize that the defendant himself must have meaningful contacts with the forum State." The Court granted certiorari [JURIST report] in May.


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Supreme Court eases restrictions on warrantless home searches
Jaclyn Belczyk on February 25, 2014 4:42 PM ET

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] 6-3 Tuesday in Fernandez v. California [SCOTUSblog backgrounder] that police may search a home without a warrant over the objection of one occupant if that occupant has been removed from the premises. The Court of Appeals of California concluded [opinion] that Supreme Court precedent established in 2006 in Georgia v. Randolph [opinion; JURIST report] "does not require exclusion of the evidence obtained in the warrantless search of defendant's home." In a majority opinion by Justice Samuel Alito, the court agreed:In this case, we consider whether Randolph applies if the objecting occupant is absent when another occupant consents. Our opinion in Randolph took great pains to emphasize that its holding was limited to situations in which the objecting occupant is physically present. We therefore refuse to extend Randolph to the very different situation in this case, where consent was provided by an abused woman
well after her male partner had been removed from the apartment they shared. Justices Antonin Scalia and Clarence Thomas filed concurring opinions. Justice Ruth Bader Ginsburg filed a dissenting opinion, joined by Justices Elena Kagan and Sonia Sotomayor.
The court heard oral arguments [JURIST report] in the case in November. One of the main issues in this case was whether defendant's objection barred his wife from giving a valid consent to the police to search the defendant's home without a warrant. The defendant argued that his objection to search cannot be nullified by his subsequent arrest because it would create possibilities of state abuse. The court granted certiorari [JURIST report] in the case last May.


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Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.
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