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Legal news from Friday, November 19, 2004




Annan outraged by UN DR Congo abuses
Gretchen E. Moore on November 19, 2004 9:07 PM ET

[JURIST] Secretary General Kofi Annan admitted Friday that a "small number" of UN civilian and military personnel had committed "gross misconduct" by sexually exploiting refugees in the Democratic Republic of Congo. He expressed outrage at their actions and said the perpetrators must be held accountable. This statement comes after a two year investigation into the incidents conducted by both MONUC (the UN peacekeeping mission in DR Congo) and the UN Office of Internal Oversight Services. The UN mission in DRC now consists of about 10,000 troops and was first deployed in 2001, two years before a major war there ended. BBC News has more.






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California man found guilty under new sex tourism law
Gretchen E. Moore on November 19, 2004 8:44 PM ET

[JURIST] A judge in California has found an 86-year-old man guilty of "sex tourism," specifically traveling to the Philippines to sexually molest girls in violation of a new federal law aimed at protecting children. John W. Seljan was the first to go on trial under the Protect Act (Prosecuting Remedies and Tools Against the Exploitation of Children Today Act of 2003) and is one of only a dozen men who have been arrested under the legislation making it easier to prosecute people who molest children overseas. Two other men have pled guilty to violating the Act. AP has more.






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AL court rules against dead ex-Klansman convicted of 1963 church bombing
Gretchen E. Moore on November 19, 2004 8:19 PM ET

[JURIST] The Alabama Court of Criminal Appeals issued a ruling Friday denying a rehearing for Bobby Frank Cherry, a former Ku Klux Klansman convicted in 2002 of the 1963 bombing of the Sixteenth Street Baptist Church in Birmingham. The bomb killed four black girls. The ruling came one day after Cherry died in prison at the age of 74. The appeals court in August had upheld Cherry's four murder convictions and life sentences in the death of the girls. Two other former Klansman were convicted in the bombing: Robert Chambliss, who died in prison, and Thomas Blanton Junior, who remains in prison on a life sentence. AP has more.






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UPDATE ~ Chavez accuses US exiles of terror attack on top Venezuelan prosecutor
Gretchen E. Moore on November 19, 2004 8:04 PM ET

[JURIST] Updating a story reported this morning in JURIST's Paper Chase, a spokesperson for Venezuelan president Hugo Chavez claimed Friday that Venezuelan exiles in the US were behind the assassination of a top prosecutor, Danilo Anderson, in a car bomb attack Thursday. Chavez accused the terrorists of training for the execution in Florida and called on the US for accountability. The US Embassy in Caracas has not commented yet. The killing was supposedly aimed at halting the prosecution of those who supported the 2002 Venezuelan coup against Chavez, which was followed by a two-month national strike and Chavez's triumphant return to power. Anderson was preparing a case against nearly 400 people who had signed a declaration supporting interim President Pedro Carmona during the coup. AP has more.






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UN staff pass resolution critical of leadership
Gretchen E. Moore on November 19, 2004 7:26 PM ET

[JURIST] The UN staff union passed a resolution late Friday critical of the UN's senior management in the wake of allegations of fraud and corruption in the Iraq oil-for-food program and several supposed incidents of sexual harassment and favoritism. An earlier draft of the resolution was sharper and had expressed a lack of confidence in senior staff including UN Secretary-General Kofi Annan; the final version, however, expressed support for Annan. Annan has suffered a series of scandals during his senior management time at the UN, most recently due to his controversial decision to pardon two senior officials, Dileep Nair, the head of the UN internal oversight office, and Ruud Lubbers, the top UN official for refugees, who each faced allegations of harassment; Nair also faced allegations of favoritism. Read more about the internal UN investigation that waws the basis for Annan's action here. A UN spokesman said Friday that UN management would meet with the staff association next week to deal with their expressed concerns. AFP has more.






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Environmental brief ~ Forest Service approves plan for Sierra Nevada mountains
Tom Henry on November 19, 2004 5:18 PM ET

[JURIST] In Friday's environmental law news, USDA Forest Service chief Dale Bosworth has affirmed the Sierra Nevada Forest Plan Amendment (SNFPA), a plan that regulates the 11 national forests that run along the Sierra Nevada mountains in California and Nevada. Originally proposed in 1994, the plan has undergone a few controversial changes since its original framing. These include allowing some early season grazing within the 11.5 million acres and permitting the harvest of trees up to 30 inches in diameter, up from the original 12 inches. The change in tree cutting was made in part to help manage forest fires. Bosworth's decision is here [PDF]. The Forest Service press release is here.

In other news, the Supreme Court of Canada ruled Thursday in two cases involving disputed native Indian land use. The court held that the federal and provincial governments must consult with native groups when making plans or issuing permits that effect lands under dispute by native Indians. The government had held the position that consultation was only necessary after a dispute was settled in the native Indians' favor, not while the dispute was still unresolved. The cases are Haida Nation v. British Columbia(link to opinion) and Taku River Tlingit First Nation v. British Columbia(link to opinion). Reuters has more.... Canada's ministers of the Environment and Natural Resources have said they plan to implement legislation that would reduce emissions by vehicles sold in Canada by 25 percent by the end of the decade. Ministers Efford and Dion have been negotiating with Canadian vehicle manufacturers and expect to establish the new limits soon. The limits would be in line with the California's Low Emission Vehicle II standard currently used by seven northeastern US states. The New York Times has more.... The EPA seeks comments on a proposed rule that would revise two parts of California's State Implementation Plan (SIP) under the Clean Air Act. The sections of the SIP to be revised deal with the Great Basin Air Pollution Control District (GBAPCD) and Ventura County Air Pollution Control District (VCAPCD). Comments can be made until December 20 here.






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Congress extends Internet tax ban
Phillip Hong-Barco on November 19, 2004 4:03 PM ET

[JURIST] By a voice vote Friday, the US House of Representatives passed a Senate bill that reinstates until 2007 a ban on all state and local taxes aimed at monthly usage fees paid by customers to Internet service providers. President Bush is expected to sign the bill. While opponents argued that the ban's expiration in 2003 would allow states to regain tax revenue lost by customers substituting Internet use for telephones and postal mail, supporters warned that the imposition of state taxes might thwart the growth of the Internet. As proposed legislation to make the ban permanent never solidified, Rep. Jim Sensenbrenner (R-WI) said of the compromise, "Without any action by this Congress...the Internet economy and its participants are more vulnerable, even if we must act on a weaker bill..." Reuters has more.






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Georgia crematory operator pleads guilty to dumping 334 bodies
Phillip Hong-Barco on November 19, 2004 3:27 PM ET

[JURIST] Ray Brent Marsh, a former operator of Georgia's Tri-State Crematory, pleaded guilty Friday to 787 criminal counts including theft, abuse of a corpse, burial service fraud and making false statements. In 2002, an anonymous tip led law enforcement authorities to find over 300 dumped bodies in the woods and buildings behind the family-own crematory, operated by Marsh since 1997. In addressing relatives of the deceased who had received cement dust instead of ashes, Marsh stated, "To those of you who may have come here today looking for answers, I cannot give you [any]." In exchange for his guilty plea, Marsh will face no more than 12 years in prison. In March of this year, funeral-home owners who sent bodies to the Tri-State Crematory settled a class action complaint for $36 million. More information about the civil suits is here. AP has more.






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Bush signs law increasing US public debt limit
Phillip Hong-Barco on November 19, 2004 2:58 PM ET

[JURIST] Following Senate approval on Wednesday, and Thursday's 208-204 vote in the GOP-controlled House of Representatives, President Bush Friday signed a bill to increase the public debt limit of the United States by $800 billion. The debt allowance increase, President Bush's third in the past three years, was explained by Republicans as necessary to compensate for fiscal shortfalls created by the 2001 recession, military operations in Middle East, and recovery from the 9/11 attacks. Democrats, however, state that the increase was necessitated by the President's "irresponsible" fiscal policies. The signing increases the public debt limit of the United States to $8.184 trillion. Read the text of S 2986. Reuters has more.






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UK pro-hunting groups challenge Parliament Act
D. Wes Rist on November 19, 2004 1:57 PM ET

[JURIST] Pro-foxhunting groups are challenging the Hunting Bill 2004 which received Royal Assent Friday one day after the British government invoked the authority of the Parliament Act 1949 and passed it without the approval of the House of Lords. The groups have filed papers with the High Court in London requesting a judicial review on the grounds that the 1949 statute (Parliament FAQ here) is itself unconstitutional since it never received Lords ratification. Since 1949 the Act has been only used to pass the War Crimes Act 1991, the European Parliamentary Elections Act 1999, and the Sexual Offences Amendment Act 2000. The bid for judicial review will be studied by a single judge of the High Court, who will decide if there is sufficient merit to warrant a review by the full High Court. If the Court were to overturn the Parliament Act, the legitimacy of previous acts passed using its authority would be called into question.

Pro-hunting groups also plan to lodge a protest with the European Court of Human Rights, alleging that the ban violates the rights of the many service industries that provide materials for the sport of foxhunting. Anti-hunting advocates argue that the ban pulls Britain into modern conformity with anti-cruelty laws aimed at protecting animals. Pro-hunting groups have threatened widespread acts of civil disobedience "with full knowledge that these would result in arrest." Such actions may include deny access to land for military training, which would have a disproportionately large affect, as most pro-hunting individuals are also large land holders. Other options include denying British Waterways access to rivers and streams on private land, a move which British Waterways admits could create "considerable difficulties", and denying electrical companies the right to erect pylons (support poles) on private land, which has been tradtionally done through voluntary consent of landowners. BBC News has more.






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Corporations & securities brief ~ Oracle likely to win PeopleSoft takeover bid
Amit Patel on November 19, 2004 1:20 PM ET

[JURIST] In Friday's corporations and securities law news, Oracle will win its hostile takeover fight for PeopleSoft because it has support from a majority of PeopleSoft shareholders, according to sources close to the situation. The battle is nonetheless likely to stretch into the spring, when PeopleSoft will hold its next annual meeting. Oracle has more information on its hostile bid here. Oracle also has a press release outlining the timetable for the announcement of the results here. The Financial Times has more.

In other news, Russia has pressed ahead on its assault on troubled oil giant Yukos - Russian authorities palan to auction the company's main Siberian unit on December 19 at a starting price of $8.65 billion. Gazprom is seen as the front-runner to win the auction although foreign firms can also bid. If the auction fails to attract high enough bids for the unit, the government may nationalize the property. Yukos has a press release condemning the proposed sale of its unit here. The Financial Times has more. Former Yukos chief Mikhail Khodorkovsky called the auctioning of the unit as the "worst solution" to the problems facing Yukos. He additionally criticized the arrest of other Yukos officials. Paper Chase has continuing coverage of the Yukos scandal. BBC News has more.... Riggs National Corp. announced its acquisition of PNC Financial may close later than expected because of the increased scrutiny and potential of a financial fallout from a federal money-laundering probe. Reuters has more.... A Canadian judge has ordered the removal of three directors, including Conrad Black's wife, from the board of Hollinger Inc.. BBC News has more.... Nike founder Phil Knight has resigned from his post of president and CEO at the largest athletic shoe and clothing company in the world. Knight will remain as chairman. Read the Nike press release announcing the move here. AP has more.

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    UK murder suspect released by clerical error
    D. Wes Rist on November 19, 2004 1:03 PM ET

    [JURIST] Officials at HMP Manchester at Strangeways announced Friday that a clerical error resulted in accused murderer Bobby Phipps being released 4 days after he was remanded for trial. Phipps was set free Monday and wasn't discovered as missing until Thursday, the day before his scheduled appearance before Manchester Crown Court. Phipps is accused of six counts of attempted murder, two offences of possessing firearms with intent to endanger life and two offences of possessing a firearm with intent to cause fear of violence. Greater Manchester Police have taken steps to ensure the protection of family members, former victims, and potential witnesses. HM Prison Service has begun an investigation to explore how the mistake occurred. BBC News has more.






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    Canadian Supreme Court rules funding for autism treatment discretional
    Chris Buell on November 19, 2004 11:43 AM ET

    [JURIST] The Supreme Court of Canada Friday ruled that government of British Columbia may decide whether to provide funding for the treatment of autistic children, overturning two lower court rulings that the funding was required. Parents of autistic children had argued that the government was required to provide the treatment under section 15 of the Charter of Rights and Freedoms. Read the full opinion. Families for Early Autism Treatment of British Columbia has more on the legal issues surrounding autism treatment. CBC News has more.






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    Sri Lankan high court judge killed by gunman
    Chris Buell on November 19, 2004 11:30 AM ET

    [JURIST] A high court judge in Sri Lanka and his bodyguard were shot and killed Friday by an unknown gunman. The judge, Sarath Ambepitiya, was returning to his home when he was shot, but a motive was not yet clear for the killing. Ambepitiya was known for issuing long sentences, including a 200-year jail sentence issued in absentia for Tamil Tiger rebel leader Velupillai Prabhakaran for a bombing. Ambepitiya had also sentenced convicted drug traffickers and child molesters to life in prison. BBC News has more.






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    Navy SEAL faces hearing in death of Iraqi prisoner
    Jen Nolan on November 19, 2004 10:55 AM ET

    [JURIST] The US Navy has announced that on Monday an unnamed SEAL lieutenant will face an Article 32 hearing, the military equivalent of a grand jury, on charges that his abuse of an Iraqi prisoner lead to the prisoner's death. The prisoner, Manadel al-Jamadi, was captured and held at Abu Ghraib prison when the alleged abuse occurred. The US suspected al-Jamadi of being involved in the bombing of a Red Cross facility in Iraq. AP has more.






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    US Supreme Court stays execution of Texas man
    Jen Nolan on November 19, 2004 10:36 AM ET

    [JURIST] The US Supreme Court has stayed the execution of a Texas man for the second time in five months. Troy Kunkle was convicted of murder for the 1984 killing of man during an armed robbery. Prior to his scheduled execution in July of 2004, citizens opposed to Kunkle's execution started a petition to stay his execution, citing opposition to the death penalty on humanitarian grounds as their reason. Read the Court's order [PDF], issued late Thursday. AP has more.






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    Egypt requests release of Guantanamo Bay prisoners
    Jen Nolan on November 19, 2004 10:14 AM ET

    [JURIST] Egyptian officials have requested the release of five Egyptian Guantanamo Bay prisoners after the US government placed them in the "least dangerous" category of detention. The US State Department says it will soon explain the procedures for release to the Egyptian government. This is the first time Egypt has sought release of its citizens being detained at the US military base. BBC News has more.






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    Iraqi officials call for delay of January election
    Jen Nolan on November 19, 2004 9:57 AM ET

    [JURIST] Senior officials from Iraq's political parties have called for a two or three month delay of the country's planned January election, citing ongoing violence. During a one-day summit in Northern Iraq Thursday, Ibrahim al-Janabi, aide to Iraq interim prime minister Iyad Allawi, said it is not likely the security and technical issues surrounding the election can be solved quickly. It is not clear, however, who has legal authority to order a postponement given that the interim constitution says that it must be held by January 31. Two US State Department officials contacted did not have knowledge of the proposed delay. The Boston Globe has more.






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    Venezuelan bomb may have killed senior prosecutor
    Jen Nolan on November 19, 2004 9:40 AM ET

    [JURIST] The Venezuelan government is investigating a car bomb that exploded in a suburb of Caracas, killing the driver, believed to be a senior government prosecutor who was investigating opposition groups allegedly involved in a 2002 coup against President Hugo Chavez. The Government of Venezuela website has more in Spanish. Reuters has more in English.






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    International brief ~ Sudan government, rebels sign peace pledge
    D. Wes Rist on November 19, 2004 9:35 AM ET

    [JURIST] Sudanese government officials and rebel representatives have signed a pledge to end the country's 21-year-old civil war by the end of the year. The pledge follows a concentrated push by the international community to see the resolution of the conflict, including a rare meeting of the UN Security Council in Nairobi (webcast available here) to specifically address the Sudan question. Just before the signing of the pledge, Germany announced that it will send more than 200 troops to the region to assist the African Union with peacekeeping. The peace agreement was immediately followed by the adoption of Resolution 1574 by the UN Security Council urging peace in the Darfur region, but Sudanese refugees and international aid organizations have criticized the resolution as weak and misguided. JURIST's Paper Chase has background on Sudan. The Sudan Tribune has more on the UN Resolution and more on the pledge. Deutsche Welle has more on Germany's troop deployment.... Government officials in Burundi have delayed a referendum scheduled for next week to address the country's new constitution. The draft constitution has been a source of contention as it calls for a fairly even split of representation between Tutsi and Hutu parties. The wrangling has delayed the elections that, according to the peace treaty signed in Tanzania four years ago, were supposed to have occurred Nov. 1. Instead, the elections have been delayed until next year. Voice of America has more.






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    Groups challenge Arizona AG's limited implementation of Proposition 200
    Jen Nolan on November 19, 2004 9:08 AM ET

    [JURIST] Two immigration reform groups filed suit in an Arizona state court Thursday seeking to expand the effect of Proposition 200 [PDF], a state ballot initiative approved by voters earlier this month that would deny certain government benefits to undocumented immigrants. The Proposition requires proof of citizenship before someone in Arizona can vote or receive public benefits. The suit, filed by the Yes on Proposition 200 Committee and the Federation for American Immigration Reform, takes issue with the state Attorney General's narrow definition of "public benefits" offered in a recent opinion that confined the provision to certain welfare benefits only. The reform groups would like the definition of "public benefits" to include public housing, food assistance, college education and employment benefits. The Arizona Republic has more.






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    UN abandons anti-cloning treaty
    Jen Nolan on November 19, 2004 8:39 AM ET

    [JURIST] The United Nations ended a long-running debate Thursday by deciding not to draft a treaty that would ban all human cloning. President Bush, along with Costa Rica, supported the total ban, while other countries have been pushing for a treaty that would allow cloning for research purposes, including stem cell research. The two sides were unable to find a common ground, resulting in the proposal of a non-binding declaration that would only act to encourage countries to pass anti-cloning legislation. AP has more.






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    Legal agenda and live webcasts ~ Friday, November 19
    Jeannie Shawl on November 19, 2004 7:00 AM ET

    [JURIST] Here's a run-down of law-related events, expected developments and live webcasts on JURIST's docket for Friday, November 19.

    On Capitol Hill, the US House will meet at 9 AM ET. Watch a live webcast (via C-SPAN).... The US Senate will meet at 9:30 AM ET and will resume consideration of the conference report to accompany the Miscellaneous Tarriffs Bill (HR 1047). Watch a live webcast (via C-SPAN).

    The US Institute of Peace is holding an issues briefing on options available to the United Nations and western powers to stop genocide in Sudan. Watch a live webcast beginning at 10:30 AM ET (via C-SPAN).

    The trial of Fatmir Limaj and his co-defendants continues Friday at the ICTY. Watch a webcast beginning at 2:45 PM local time (8:45 AM ET); the webcast is on a 30-minute tape delay. The ICTY has background on the case.

    The United Nations Security Council is meeting in Nairobi to discuss the situation in Darfur. Watch a live webcast at 10 AM local time (2 AM ET).... The General Assembly's Sixth (legal) Committee will meet at 3 PM ET to consider draft resolutions on cloning. Watch a live webcast.

    In the European Union, the Justice and Home Affairs Council will hold a press conference following a Friday meeting. Watch a live webcast beginning at 1 PM local time (7 AM ET).






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