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Legal news from Thursday, April 14, 2005 |
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BREAKING NEWS ~ Oregon Supreme Court nullifies same-sex marriage licenses
Chris Buell on April 14, 2005 11:29 AM ET

[JURIST] AP is reporting that the Oregon Supreme Court [official website] has nullified 3,000 marriage licenses issued to same-sex couples last year. The decision reverses a court of appeals decision [JURIST report] upholding the licenses. Oregon voters approved [JURIST report] a constitutional amendment banning same-sex marriages in the state in the November 2004 election, but the marriage licenses at issue in the case were issued earlier in the year. Read the Court's opinion [text] in the case.
11:40 AM ET - In a unanimous opinion, the Court wrote: [W]e conclude as follows. First, since the effective date of Measure 36, marriage in Oregon has been limited under the Oregon Constitution to opposite-sex couples. Second, Oregon statutory law in existence before the effective date of Measure 36 also limited, and continues to limit, the right to obtain marriage licenses to opposite-sex couples. Third, marriage licenses issued to same-sex couples in Multnomah County before that date were issued without authority and were void at the time that they were issued, and we therefore need not consider the independent effect, if any, of Measure 36 on those marriage licenses. In short, none of plaintiffs' claims properly before the court is well taken. Finally, the abstract question whether ORS chapter 106 confers marriage benefits in violation of Article I, section 20, of the Oregon Constitution is not properly before the court. 12:10 PM ET - An AP story is now available online. Also, Oregon Gov. Ted Kulongoski has said that he will push for legislation [AP report] that would permit civil unions in the state for same-sex couples.


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ICTY presses Milosevic on calling world leaders as witnesses
Chris Buell on April 14, 2005 11:26 AM ET

[JURIST] The International Criminal Tribunal for the Former Yugoslavia [official website] warned former Yugoslav President Slobodan Milosevic [ICTY case backgrounder; JURIST news archive] Thursday that he must speed up his attempt to call world leaders, including former President Bill Clinton, UK Prime Minister Tony Blair and German Chancellor Gerhard Schroeder, to testify at his war crimes trial. Milosevic has indicated that he would like call them as witnesses, but he has not begun the formalities necessary to do so, such as providing reasons why they should be called. Milosevic's court-appointed counsel has been asked to draw up the necessary documents. Presiding Judge Patrick Robinson has indicated the ICTY will issue the subpoenas if Milosevic complies with the procedure. However, prosecutors and the Court have indicated the trial, which began in February 2002, should be brought to a close as soon as possible. Milosevic is conducting his own defense, but the trial has been repeatedly delayed due to his lack of cooperation and poor health. Milosevic faces war crimes, genocide and crimes against humanity charges from his leadership of Yugoslavia during the 1990s and the Balkan wars. DPA has more.


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Corporations and securities brief ~ Lay fights spring trial date for personal fraud charges
Amit Patel on April 14, 2005 11:16 AM ET

[JURIST] Leading Thursday corporations and securities law news, ex-Enron [corporate website; JURIST Hot Topic news archive] Chairman Ken Lay [Wikipedia profile] filed a motion with US District Court Judge Sim Lake asking for his trial on personal bank charges be moved to next year. Lay opposes the prosecutors with the Enron Task Force proposal for the trial to start in May or June. Prosecutors had used Lay's own comments [Lay press conference transcript] that he wanted a speedy trial in asking for the spring date. However, Lay feels a spring trial would be wasteful and inflammatory in light of the fraud charges [Indictment, PDF; SEC complaint, PDF] he faces in the bigger trial including ex-CEO Jeff Skilling [Wikipedia profile], and former top accountant Rick Causey. That trial is expected to take months to complete. Lay faces four personal bank fraud charges which allege he lied to banks about the use of $75 million in loans. Lay also wants his banking charges to be tried by Lake himself while the jury decides the Enron fraud case. Lay could face up to 30 years in prison for each of the bank fraud charges. Read the Lay motion [PDF] to have the trial moved. The Houston Chronicle has more and continuing coverage of the Enron trials.
In other news... - The SEC [official website] announced enforcement director Stephen Cutler will step down in a month to return to private practice as a lawyer. Cutler headed the SEC unit which brought civil actions against securities law violators since 2001. His unit led the investigations into companies including Enron, WorldCom, Adelphia, Qwest, Tyco, and HealthSouth. Read the SEC press release. Reuters has more.
- Energy company Kerr-McGee Corp. [corporate website] headed off a proxy battle with billionaire investor Carl Icahn [Wikipedia profile] by authorizing a tender offer to buy back $4 billion in stock, sell some assets and expand its hedging. The action is a result of talks between the two sides. Read the Kerr-McGee press release. Kerr-McGee will also drop its federal lawsuit against Icahn and his associates which alleged violations of federal antitrust laws and the company's bylaws in their efforts to buy more stock in Kerr-McGee and nominate their own directors to the company's board. Read the Kerr-McGee press release. AP has more.
- The Wall Street Journal is reporting [subscription req'd] British financial giant HSBC PLC [corporate website] has notified at least 180,000 people who used MasterCard credit cards to make purchases at Polo Ralph Lauren Corp. [corporate website] that criminals may have obtained their credit-card information. HSBC said the General Motors Corp.-branded MasterCard [corporate website], which is one of the most widely held credit cards in the US, should be replaced. This is the latest incident where personal information has been stolen from financial institutions. Dow Jones has more.
- Australian Prudential Regulation Authority (APRA) [official website] said it will investigate the Austrialian unit of Berkshire Hathaway Inc.'s [corporate website] General Re over its reinsurance practices. Specifically, the agency will investigate General Re's complex financial products in relation to financial and finite reinsurance and the marketing and promotion of those products. US regulators are already investigating General Re [corporate website] in connection with a reinsurance transaction with American International Group [corporate website]. Read the APRA press release. Reuters has more.
- GlaxoSmithKline PLC (GSK) [corporate website] could face an investor class-action lawsuit over allegations that the company covered up problems with its antidepressant drug Paxil [informational website], hurting some shareholders. The suit seeking class-action status will be filed in the US Distric Court for the Southern District of New York on the behalf of people who bought GSK shares between February 21, 2001 and August 5, 2004. Reuters has more.
Click for previous corporations and securities law news.


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International brief ~ Nepal to hold municipal elections within a year
D. Wes Rist on April 14, 2005 10:27 AM ET

[JURIST] Leading Thursday's international brief, King Gyanendra [official profile] of Nepal [government website] has announced that municipal elections will be held within a year to restore the nation to a truly democratic state. Gyanendra, speaking at the Nepalese New Year festival, said that the work of the security forces of Nepal in combating the 'menace of terrorism' and protecting the independence of the Nepalese people meant that there should be no delay in 'activating the democratic process.' Nepal has been without elected officials since King Gyanendra declared a state of emergency [JURIST report] on February 1 and sacked the previous elected government. JURIST's Paper Chase has continuing coverage of Nepal [JURIST news archive]. Kantipur Online has local coverage.
In other international legal news ... - Two journalists for the UK-based paper The Daily Telegraph [media website] were ordered to be released from state custody in Zimbabwe [government website] Thursday after a court held that the men were not operating as illegal journalists. Toby Harnden and Julian Simmonds were arrested in Zimbabwe in March for alleged covering the national elections without a journalist license. Counsel for the two men asserted that they were acting as ordinary tourists who kept a travel journal and took photographs. Magistrate Never Diza held that the government had not established a case against the two men, but said that there was still the question of whether they had overstayed their visas. Zimbabwe's restrictive foreign press laws forbid permanent foreign journalist coverage and require all journalists to have specialized, state-approved licenses. Diza ordered the two released, overriding a previous government order that had stayed the earlier ordered release of the two men. JURIST's Paper Chase has continuing coverage of Zimbabwe [JURIST news archive]. BBC News has local coverage.
- South Korean President Roh Moo-hyun [official profile] Thursday warned against using economic sanctions against North Korea [government website] as a tool to force the nation to participate in the Six-Party Nuclear Disarmament Talks at a meeting Thursday in Germany. Roh warned that adding pressure to the intransigent nation could only lead to more hostility, stating that sanctions should only be used when there was no hope left of N. Korea voluntarily returning to the table. Roh said that China's current pressure on N. Korea to participate was a sign of hope, and that the real difficulty lay in resolving the lack of trust between the US and N. Korea. Roh has expressed caution about the use of sanctions before, but this is the first time he has expressly denounced them. The US has said that it would petition the UN Security Council to impose sanctions if N. Korea refuses to participate in the negotiations. Chosun Ilbo has local coverage.
- Indonesia [government website] has taken South Korea [government website] to the World Trade Organization [official website] over allegations made by South Korea that Indonesia was exporting its wood-free copy paper products at dumping [Wikipedia entry] prices. South Korea instituted a percentage fee for all paper products entering the country from Indonesia, a move Indonesia claims has resulted in a $35 million (USD) loss in profits. The Dispute Settlement Body [WTO backgrounder] of the WTO hears commercial disputes between nations and makes rulings that are binding on parties. The DSB is expected to comment on Indonesia's alleged dumping this August. The Jakarta Post has local coverage.


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Environmental brief ~ Canada unveils Kyoto Protocol compliance plan
Tom Henry on April 14, 2005 10:15 AM ET

[JURIST] In Thursday's environmental law news, the Canadian government [official website] has revealed its plan [text,PDF] to reduce greenhouse emissions in accordance with the Kyoto protocol. The plan, called Project Green[official website], aims at reducing Canada's greenhouse emissions by 270 megatonnes a year by 2012. Critics say the plan is too costly and may not necessarily result in cleaner air in Canada. It includes steps such as: buying greenhouse gas reductions from farmers, businesses, communities, and other countries; new infrastructure projects such as an east-west power grid; tougher emission regulations for oil and gas, electric generation, mining and manufacturing industries; increased automobile emissions controls; and more money on voluntary energy reduction programs and education. Canadian Press has more.
In other news, - The European Parliament [official website] approved rules [EU press release] Wednesday that will require computers, stereo systems, washing machines, lights, air conditioning and boilers to be designed with a focus on conserving energy. The new rules come after discussions between legislators and various manufacturers of the household appliances, and will take effect across the EU in 2007. Reuters has the full story.
- The Washington State Senate [official website] has passed a bill [text] that would impose tighter restrictions on emissions of toxic and smog-causing chemicals from new cars and would force fuel-efficiency improvements to reduce greenhouse gas emissions from new cars sold in Washington state starting in 2009. The bill adopts many of the new California rules of automobile emissions, but unlike the CA rules does not impose a sales quota on clean or hybrid cars for auto dealers. The Seattle Times has the full story.
- The California State Assembly's Environmental Safety and Toxic Materials Committee [official website] has approved a bill (AB 289) [text] that would require manufacturers to provide the state with the analytical methods for detecting their chemicals in air, water, soil, and the human body. Currently, manufacturers may put chemicals on the market before detection methods have been developed, and government agencies are forced to develop these methods themselves. The bill now goes to the Assembly Appropriations Committee. Environment California has a press release.


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UN rights commission condemns Israel, to vote on abuses in Sudan, Cuba
Amit Patel on April 14, 2005 8:56 AM ET

[JURIST] The UN Human Rights Commission [official website] passed a resolution Thursday condemning Israel's settlements on Palestinian territories by 39-2, with 12 abstentions. The resolution called for the Israeli government to reverse the policy and to take measures meant to guarentee the safety of Palestinian civilians. The group is later expected to vote on resolutions condemning abuses in Belarus, Cuba, Sudan, Myanmar and North Korea. The Sudan resolution may be quite contentious, as some African countries may introduces a "no-action" motion. The commission did not issue a formal condemnation to Sudan over the Darfur conflict [BBC in-depth] last year. As reported Wednesday in JURIST's Paper Chase, the Commission will also consider a US-sponsored resolution condemning Cuba's human rights record and also requests that the country's human rights record be kept under observation. If the resolution passes, Cuba may counter by introducing a resolution condemning the US treatment of prisoners at Guantanamo Bay [Wikipedia profile]. AP has more.
1:30 PM ET - The United Nations Commission on Human Rights censured North Korea for widespread and grave violations including torture, executions and forced abortions. The commission voted 30-9, with 14 abstentions, including South Korea, in favor of the resolution and urged the government to cooperate with its special investigator, Vitit Muntarbhorn. The North Korean delegation offered a sharp rebuke at the commission accusing the forum of "politicisation, selectivity and double standards." Reuters has more.


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Legal agenda and live webcasts ~ Thursday, April 14
Chris Buell on April 14, 2005 12:01 AM ET

[JURIST] Here's a run-down of law-related events, expected developments and live webcasts on JURIST's docket for Thursday, April 14.
The US Senate [official website] convenes at 9:30 AM ET today, when it will consider H.R. 1268 [bill summary], the Iraq/Afghanistan Supplemental Appropriations bill. Watch a live webcast of the session. The Senate Judiciary Committee [official website] Immigration, Border Security and Citizenship and Terrorism, Technology and Homeland Security Subcommittees are holding a hearing at 2:30 PM ET today to examine deportation and related issues relating to strengthening interior enforcement. Watch a live webcast of the hearing.
The US House [official website] convenes for legislative business at 10 AM ET today, when it will consider S. 256 [bill summary], the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. Watch a live webcast of the session.
The European Parliament [official website] continues its plenary session at 9 AM local time [3 AM ET] today. View the agenda for the session. Watch a live webcast of the session.
The UN General Assembly [official website] is holding its 92nd plenary meeting at 10 AM ET today. Watch a live webcast of the meeting.
At the International Criminal Tribunal for the Former Yugoslavia, a status conference will be held in the trial of Slobodan Milosevic [ICTY case backgrounder] at 8:30 and 10:35 AM local time [2:30 and 4:35 AM ET], followed by the actual trial at 12:40 PM local time [6:40 AM ET]. Also today, the trial of Fatmir Limaj and others [ICTY case backgrounder] continues today at 2:45 PM local time [8:45 AM ET]. Watch a webcast of proceedings.


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