 |
|

Legal news from Friday, October 22, 2004 |
 |
|


Corporations and securities brief ~ Spitzer targets music industry in new probe
Amit Patel on October 22, 2004 1:56 PM ET

In Friday's corporations and securities law news, New York Attorney General Eliot Spitzer has begun an inquiry into some of the world's biggest music firms. The inquiry focuses on how songs make it on radio station play lists. Spitzer has subpoenaed EMI, Universal Music, Sony BMG and Warner Music requiring the companies to hand over contracts, invoices, and other documents. EMI announced it will cooperate with the probe. BBC News has more.
In other news, Marsh & McLennan Cos. is expected to force Chief Executive Officer Jeffrey Greenberg to quit in the wake of New York Attorney General Eliot Spitzer's investigation of the insurance giant. The move is expected to clear the way for settlement talks. Jules Kroll, the former head of a private investigation group, is expected to take over as interim chief executive. Read the Spitzer complaint here [PDF]. The Financial Times has more.... As previously reported on JURIST's Paper Chase, Citigroup announced the SEC is considering charging two former employees and one current employee on charges relating to the creation and operation of an internal transfer agent for the Smith Barney family of funds. Transfer agents, which typically keep shareholder records and issue new share certificates, are governed by SEC regulations. AP has more.... US Airways' pilots' union accepted a new labor contract where the pilots will accept an 18% pay cut on average. The move is expected to save $300 million for the troubled airline. AP has more. click for previous corporations and securities law news


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

International brief ~ Four charged in Nigerian president assassination plot
D. Wes Rist on October 22, 2004 11:24 AM ET

Four men - three military officials and one civilian businessman - were charged Thursday with the attempted assassination of Nigerian President Olusegun Obasanjo. The charges allege that the four, led by Major Hamza al-Mustapha, attempted to purchase a Stinger ground-to-air missile to shoot down Obasanjo's helicopter in April. Mustapha was the head of security under former Nigerian military dictator Sani Abacha (profile here) and has been in government custody since the restoration of the civilian government in 1999. The prosecution claims that even though in custody, Mustapha held meetings in prison to facilitate the coup attempt. All four pleaded not guilty to charges of treason, attempted murder and overthrow of the legitimate government. The East African Standard has more.... Efforts are underway in Russia Friday to determine the makeup of a court that will retry four military officer charged with war crimes in Chechnya. The four were acquitted in an earlier trial, but the prosecution appealed the ruling on the grounds that it was legally inconsistent with current legislation. The Military Collegium of the Russian Supreme Court ordered a retrial. The defendants are charged with murder, abuse of power and war crimes for killing innocent civilians in Chechnya. The defendants are arguing for a jury trial, which counsel for the victims opposes. The prosecution wants the trial to be held in Chechnya, while the defence claims that would create an unfair trial. Itar-Tass has more.... UN Under-Secretary-General for Humanitarian Affairs Jan Egeland addressed the Security Council Thursday about the deteriorating humanitarian situation in Uganda. Egeland called the continued violence between the government and the rebel group Lord's Resistance Army (LRA profile here) a "moral outrage," citing the 90 percent displacement rate of local villagers and the 20,000 kidnappings of children in the area to be used either as hostages or as conscripted soldiers. Egeland also raised concerns over the security of the few humanitarian workers in the area currently, calling for peacekeepers in the region to ensure the safety of the UN's humanitarian efforts. Egeland said the current progression of peace talks in Sudan will help calm the strife in Uganda, as there was spillover from that conflict into Uganda. The Ugandan government has claimed that it has the situation under control and that the UN should not send peacekeepers. JURIST's Paper Chase has background on the violence in Uganda here and Sudan here. Voice of America has more.... The UN Cameroon-Nigerian Mixed Commission finishes two-day talks Friday on how to peacefully enforce an International Court of Justice ruling (text here)that required Nigeria to hand over control of the oil-rich Bakassi peninsula to Cameroon. The Nigerian government had agreed to hand over the region on September 15 of this year, but refused to do so for 'unspecified technical reasons.' The UN Commission is aimed at facilitating the transfer of control over the region to Cameroon without causing regional violence. JURIST's Paper Chase reported on the original refusal here. South Africa's Independent Online has more.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

UK court says doctors can let baby die
Matt Lubniewski on October 22, 2004 9:06 AM ET

The British High Court ruled Friday that doctors can withold certain treatment from a terminally-ill baby if his condition deteriorates. Luke Winston-Jones, nine months old, suffers from a rare condition called Edwards Syndrome. Most babies with the condition do not survive beyond one year. The High Court ruled that doctors should not use mechanical ventilation to resuscitate Luke. The court said that Luke could still receive cardiac massage, if necessary. Luke's mother, Ruth Winston-Jones, insisted that Luke should not be allowed to die through witholding of an available treatement. After Luke's mother and doctors failed to come to an agreement on treatment, the hospitals in charge of Luke's care sought a declaration from the courts as to what treatments to apply, and which to withold. BBC News has more. Earlier this month, the High Court ruled that baby Charlotte Wyatt was in such poor condition that she should not be resuscitated if she stopped breathing. The recent decisions have sparked a serious debate about medical ethics in the UK concering the right to die. In January, the Assisted Dying for the Terminally Ill Bill was introduced in Parliament. The bill would make it legal for physicians to assist certain terminally-ill patients in dying. A recent survey suggests that 45% of doctors believe that colleagues are currently, and illegally, helping these patients die anyway.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

Election watch ~ US Supreme Court to rule on Nader PA ballot appeal
Chris Buell on October 22, 2004 8:30 AM ET

The US Supreme Court is expected to rule quickly on an application by Presidential candidate Ralph Nader to stay a Pennsylvania Supreme Court decision barring him from the state ballots on Nov. 2. On Tuesday, the PA high court upheld a previous Commonwealth Court ruling on the matter. Justice David Souter has requested that state officials file their response to Nader's petition by 2:30 PM ET today, Friday. Nader is arguing that the PA court wrongly excluded about 15,000 signatures from his petition for ballot access. Read the original PA Commonwealth Court ruling here [PDF]. AP has more.... The Ohio Supreme Court has ruled that a constitutional amendment ban on same-sex marriage should appear on ballots in the state for the Nov. 2 election. In a 6-1 ruling Thursday, the court held that procedural challenges to the referendum by gay rights groups were not made by the September deadline. Read the full opinion [PDF]. The Toledo Blade has more.... The Florida Department of Law Enforcement has established a statewide task force to deal with complaints of voting fraud, which it has already received in six counties. A department spokesman said most of the problems were tied to registration forms turned in by get-out-the-vote groups hire people to register voters. Read a press release on the announcement. The Tallahassee Democrat has more. .... Michigan election officials have expressed concern that a federal court ruling that provisional ballots need only be cast in the voter's home county rather than home precinct for their votes on federal offices to count could confuse voters. Michigan officials said voters may believe their entire ballot would count in such a situation, but votes for state officials would not be counted. They are appealing the Tuesday ruling [PDF] by District Judge David Lawson. More on voting in Michigan is available from the Secretary of State. AP has more.... A federal district judge in Florida has ruled that provisional ballots not cast in a voter's home precinct should not be counted. The ruling, made Thursday, reached the same result as the Florida Supreme Court earlier this week. State Democrats had challenged the restriction, arguing that it would disenfranchise voters who did not know the correct precinct to go to. AP has more.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

Three Gitmo military commission judges removed after challenge
Bernard Hibbitts on October 22, 2004 7:42 AM ET

Three members of the military commission set up to try terror suspects held at Guantanamo Bay, Cuba, have been removed after defense challenges to their qualifications, pursuant to a decision handed down Thursday by the Appointing Authority for Military Commissions, John T. Altenburg, Jr.. During initial commission proceedings in late August, military counsel for Australian detainee David Hicks and Yemeni Salim Ahmed Hamdan challenged the fitness, legal qualifications and/or impartiality of three of the four commission members, the alternate member, and presiding judge Col. Peter E. Brownback. Altenburg's decision reduces the number of sitting commissioners on the Hick and Hamdan cases to the minimum 3; other commissioners will be appointed to fill the vacancies on the five-member panel when it hears other cases. In an interview Friday with the Australian Broadcasting Corporation, Hicks civilian counsel Josh Dratel said that in the wake of the decision his client's situation was in fact worse, not better: Well, it should have improved the position of David Hicks because these people should have been replaced. But in fact what it does now, is it worsens his situation because by not replacing them, they create a situation where the presiding officer's influence becomes much greater.
Our objection was that he's a lawyer they're not. He's going to dominate the legal issues and the legal questions and the legal decisions. Now, his domination is much more acute because he's only dealing with two persons who can challenge him, rather than four.
You know what I mean? When you have four non-lawyers on the panel, maybe they can get together and develop an independent point of view than what the presiding officer has on questions of law. Listen to the the full ABC interview with Dratel here. The full text of Altenburg's ruling is online from the Pentagon here [PDF]. Read the official Defense Department press release here. AP has more.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|

Legal agenda and live webcasts ~ Friday, October 22
Jeannie Shawl on October 22, 2004 5:40 AM ET

Here's a run-down of law-related events, expected developments and live webcasts on JURIST's docket for Friday, October 22.
The US House and Senate are in recess until Tuesday, November 16.
Today is the deadline for voter registration in Alabama and Nebraska.
The Russian Duma is expected to vote today on whether to ratify the Kyoto Protocol on Climate Change. A vote in favor of ratification means that the Kyoto Protocol will take effect early next year. Environmental Defense has a press release on the anticipated vote.
The defense case continues today in the trial of Enver Hadzihasanovic and Amir Kubara at the International Criminal Tribunal for the former Yugoslavia at The Hague. Listen to audio beginning at 9:30 AM local time (3:30 AM ET); for witness protection, there is a 30-minute tape delay. The ICTY has background on the case.... Also today at the ICTY, the trial of Naser Oric continues. Listen to audio beginning at 9:30 AM local time (3:30 AM ET); for witness protection, there is a 30-minute tape delay. The ICTY has case information.
At the United Nations, the Security Council will meet at 10 AM ET to discuss the situation in the Middle East, including the Palestinian question. The Security Council will also meet again at 3 PM ET to discuss the situation in Cyprus.... The General Assembly will meet at 10 AM ET for debate on cooperation between the UN and regional and other organizations. Watch a live webcast.... Heraldo Munoz, Chairman of the Security Council committee established to oversee implementation of sanctions imposed on Al-Qaida and the Taliban, and Lauro Baja, Permanent Representative of the Philippines, will hold a 12:30 PM ET press conference on their trip to the Philippines, Cambodia, Thailand and Australia. Watch a live webcast.


Link |
|
subscribe |
|
latest newscast |
archive |
Facebook page

|
| For more legal news check the Paper Chase Archive...
|
|
|