Legal news from Wednesday, August 10, 2005
23:08 EDT

[JURIST] Leading Wednesday's corporation and securities law news, the US Court of Appeals for the District of Columbia Circuit has suspended controversial corporate governance rules for mutual funds promulgated by the Securities and Exchange Commission. The suspension will last until a lawsuit brought by the US Chamber of Commerce [advocacy [read more]

19:08 EDT

[JURIST] The US Fourth Circuit Court of Appeals Wednesday upheld a Virginia law [text; overview] requiring daily recital of the Pledge of Allegiance [JURIST news archive] in Virginia public schools. Attorneys for plaintiff Edward Myers had argued that the phrase "one nation under God" was tantamount to governmental establishment and [read more]

18:08 EDT

[JURIST] Cyprus Foreign Minister George Iacovou [official website] told reporters Wednesday that he is unaware if former UN Oil-for-Food chief Benon Sevan [BBC profile] is in the country, but if he is, any extradition request from abroad will likely be met with opposition. Several reports indicate that Sevan, a Cyprus [read more]

18:08 EDT

[JURIST] The Inter-American Court of Human Rights [official website] has denied an appeal request to reinterpret its November 2004 ruling [JURIST report] that upheld the conviction of an American tried in Peru on charges she collaborated with the terrorist group Tupac Amaru Revolutionary Movement [overview]. Lawyers for Lori Berenson [advocacy [read more]

18:08 EDT

[JURIST] Leading Wednesday's states brief, the California Supreme Court [official website] held today without comment that it will not immediately review a March ruling [JURIST report] that declared the state ban on same-sex marriage unconstitutional. In that ruling, Superior Court Judge Richard Kramer wrote, "It appears that no rational purpose [read more]

16:08 EDT

[JURIST] US Department of Homeland Security [official website] Secretary Michael Chertoff has said that privacy concerns over the new Secure Flight passenger screening program [official website] are overstated. Speaking Tuesday with USA Today editors, he observed:The average American gives information up to get a CVS [drugstore discount] card that is [read more]

16:08 EDT

[JURIST] A federal judge set a trial date for early next year in the case of two Albany men accused of money laundering and supporting terrorism. Yassin Aref, 35, is imam at the Masjid as-Salam mosque [mosque website] in Albany and Mohammed Hossain, 50, a mosque founder who owns a [read more]

15:08 EDT

[JURIST] The Serb minority in Kosovo [Wikipedia backgrounder] Wednesday objected to a self-rule plan proposed by the province's Albanian leaders, asking for more concessions. The Serbs are demanding decentralized power and bigger self-governing areas in what is now a UN protectorate [UNMIK website]. One Serb leader called the latest plan [read more]

14:08 EDT

[JURIST] The wife and son of former Chilean dictator General Augusto Pinochet [JURIST news archive] were charged Wednesday as accomplices in a tax fraud case related to accusations that Pinochet hid millions of dollars in overseas accounts, including some in the US [JURIST report]. In June, Pinochet was stripped of [read more]

14:08 EDT

[JURIST] In a joint statement issued Wednesday, Unocal [corporate website; JURIST news archive] and Chevron [corporate website] announced early results from a vote of a majority of Unocal shareholders that favored acceptance of a Chevron offer of $69 per share. The approval of the nearly $18 billion purchase comes after [read more]

14:08 EDT

[JURIST] The state of South Dakota has appealed to the US Supreme Court over a ruling in a voting rights case involving American Indian voters filed by the American Civil Liberties Union. [advocacy website; press release]. The dispute centers around whether the state must seek a clearance from the Justice [read more]

14:08 EDT

[JURIST] Citing national security concerns, the US Justice Department has asked a federal district court to dismiss a lawsuit brought by a Canadian man who claims he was deported to Syria and tortured. Maher Arar [Wikipedia profile], born in Syria and a citizen of Canada as well, was detained at [read more]

13:08 EDT

[JURIST] In the wake of a US Eleventh Circuit Court of Appeals [official website] decision Tuesday in which the convictions and sentences of five accused Cuban spies [advocacy website] were overturned [JURIST report; PDF opinion], the Cuban government has called for the release of all five men. On Wednesday, Ricardo [read more]

13:08 EDT

[JURIST] President Bush signed a 6-year, $286.4 billion highway bill on Wednesday, ending a long debate between Congress and the White House and putting into place a permanent highway bill for the first time since September 2003. The old bill was extended six times as both sides debated spending amounts [read more]

12:08 EDT

[JURIST] Judge Lewis A. Kaplan of the US District Court for the Southern District of New York [official website] has ruled that Parmalat [corporate website] can proceed with its lawsuit against Bank of America [corporate website] though he dismissed most of the Italian dairy company's claims. Kaplan granted Bank of [read more]

12:08 EDT

[JURIST] A Canadian Federal Court judge has ruled that intelligence authorities must stop interrogating Guantanamo Bay [JURIST news archive] detainee Omar Khadr [CBC Khadr family profile]. Justice Konrad von Finckenstein's decision also slammed Canadian counterterrorism agents for gathering information at a place where he claims Canada's Charter of Rights and [read more]

11:08 EDT

[JURIST] Saudi Arabia announced [Saudi Press Agency report] on Tuesday that five men turned over to them by US authorities at Guantanamo have been released. No names were given, but an official said the five had completed the judicial process and any prison terms. It's unclear how long each prisoner [read more]

11:08 EDT

[JURIST] Protesters in cities across Asia Wednesday urged government officials in Japan to apologize for the actions of the Imperial Army [Wikipedia backgrounder] and compensate women forced into sexual slavery in brothels run by the Japanese military before and during WWII. The nearly 200,000, mostly Korean sex slaves known as [read more]

10:08 EDT

[JURIST] Despite answering questions [JURIST report] before the Iraqi Special Tribunal [official website; JURIST news archive] in late June, former Iraqi deputy prime minister Tariq Aziz [BBC profile] said Tuesday that he will not testify against Saddam Hussein [JURIST news archive] at his upcoming trial. Saddam has been officially been [read more]

10:08 EDT

[JURIST] Pakistan's chief election commissioner Abdul Hameed Dogar Wednesday promised to take swift and severe action against anyone prohibiting women from accessing polls in next week's local government elections. Dogar said he would go so far as to cancel results in areas where women were barred from casting votes. The [read more]

10:08 EDT

[JURIST] Public Advocate of the United States [advocacy website], a right-wing group based in Virginia, announced [press release] Wednesday that they would become the first conservative group to oppose the nomination of John Roberts [JURIST news archive] to the US Supreme Court. The group is protesting his behind-the-scenes work [JURIST [read more]

10:08 EDT

[JURIST] Russian Federal Prisons Service director Yuri Kalinin said Wednesday that the transfer of former oil tycoon Mikhail Khodorkovsky [defense website, in English] to a larger cell with more inmates was "normal prison procedure" and not a form of punishment. Lawyers for Khodorkovsky said earlier this week that he had [read more]

09:08 EDT

[JURIST] Britain's Conservative Party leader Michael Howard [official website] Wednesday joined an earlier call [JURIST report] by former UK Home Secretary David Blunkett [Wikipedia profile] for the British courts not to interfere with Parliament's efforts to enact new anti-terrorism laws. Prime Minister Tony Blair has made some controversial proposals, including [read more]

09:08 EDT

[JURIST] After his arrest [JURIST report] in Buenos Aires earlier this week, Bosnian Serb paramilitary leader Milan Lukic agreed Tuesday to be extradited and face new charges before the International Criminal Tribunal for the Former Yugoslavia [official website; JURIST news archive], according to court papers. The UN court says that [read more]

09:08 EDT

[JURIST] The Delaware Court of Chancery ruled in favor of Disney executives [decision excerpts via LA Times] Tuesday in a shareholder suit [LA Times report] that alleged that the Disney board violated their duties by ratifying a 1996 decision to fire former company president Michael Ovitz with severance. Shareholders filed [read more]

08:08 EDT

[JURIST] According to wire reports, the International Atomic Energy Agency [official website] has confirmed that seals at Iran's Isfahan nuclear facility have been broken [AP report], allowing Iran to fully resume its uranium conversion activities. The IAEA held an emergency meeting [JURIST report] yesterday to discuss how to handle Iran's [read more]

08:08 EDT

[JURIST] The California Court of Appeal for the Third Appellate District [official website] Tuesday rejected an appeal to have a measure backed by Governor Arnold Schwarzenegger [official website] that would change the redistricting process in California included on November's special election ballot. The ballot measure, Proposition 77 [PDF text], is [read more]

08:08 EDT

[JURIST] Speaking as part of a panel [recorded video via ABA] on the independence of the judiciary at the annual meeting of the American Bar Association [group website] Tuesday, US Supreme Court Justice Stephen Breyer [Wikipedia profile] said that controversial rulings on divisive issues like the rights of homosexuals and [read more]

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