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Legal news from Wednesday, September 14, 2005 |
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Roberts completes third day of testimony as hearings move toward confirmation
Chris Buell on September 14, 2005 7:33 PM ET

[JURIST] US Chief Justice nominee John Roberts [Wikipedia profile; JURIST news archive] wrapped up a third day of confirmation hearings before the Senate Judiciary Committee [official website] Wednesday marked by more jousting with Democratic senators and strong support from Republicans. As time went on, it appeared increasingly likely that Roberts would be approved by the Committee and confirmed by the full Senate in time for the opening of the Supreme Court's 2005-2006 term in October. Committee Democrats continued to press Roberts to elaborate his views on subjects such as civil rights and the right to privacy, while Roberts presented measured responses. Sen. Charles Schumer, D-NY, said Roberts had altered one response from Tuesday, when he said he agreed that a right to privacy existed under the Constitution. Schumer made the comment after he asked Roberts if he disagreed with Justice Clarence Thomas [Oyez profile], who does not acknowledge such a right, and Roberts said he did not. Although Democrats charged Roberts with not answering questions throughout the hearings, Committee chairman Sen. Arlen Specter, R-PA, who himself appeared frustrated with a non-responsive Roberts at one point in the morning session, said the nominee has "answered more questions than most." View a transcript of Wednesday's hearing. The hearings continue at 9 AM ET Thursday, with Roberts taking some final questions from Senators before the committee begins hearing testimony from various witnesses [witness list] other than Roberts. AP has more.


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Environmental brief ~ PA joins states suit to increase appliance energy efficiency
Tom Henry on September 14, 2005 6:15 PM ET

[JURIST] In Wednesday's environmental law news, Pennsylvania has joined 14 other states suing the US Department of Energy (DOE) [official website], alleging that the agency is 6 to 13 years behind schedule in updating efficiency standards for some household and commercial appliance categories and has failed to issue any new efficiency standards at all since January 2001. The 1987 Federal Energy Policy and Conservation Act requires the DOE to periodically review and strengthen efficiency standards. Read the complaint here [PDF]. The Pittsburgh Post-Gazette has more.
In other environmental law news... - A Massachusettes state Senator has introduced a bill that would offer a variety of incentives to consumers, companies, and state agencies that use vehicles that get good gas mileage or that run on alternate fuel sources. The incentives include tax credits and deductions, free Fast Lane toll transponders, access to the Interstate HOV lanes even when driving alone, and reduced parking-meter fees. The Boston Globe has more.
- The US Environmental Protection Agency [official website] seeks comments on a proposed rule [text] that would add 5 new sites to the National Priorities List [official website] in accordance with the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) [text]. The sites, which would be added to the "Superfund" section of the list are: Olin Chemical, Wilmington,MA; Alternative Energy Resources, Augusta, GA; Lake Calumet Cluster, Chicago, IL; West Highway 6 & 281, Hastings, NE; Quendall Terminals, Renton, WA. There are currently 1,307 final and proposed sites on the list. Comments can be made here until November 14, 2005.


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European rights court OKs in-law marriage
Krista-Ann Staley on September 14, 2005 2:02 PM ET

[JURIST] The European Court of Human Rights [official website] has ruled [judgment text; press release] that a British ban on parent and children-in-law marriages violated rights guaranteed by Article 12 of the European Convention on Human Rights [text]. A man identified in court as "B" and his sons ex-wife, identified as "L," brought their case to the Human Rights Court after a local British official denied them permission to marry. In its final judgment, the court recognized the British laws intent of protecting "the integrity of the family" as legitimate, but noted that, in the absence of additional laws prohibiting non-marital relationships between in-laws, the ban did little to protect children from previous marriages from alleged confusion. The judges also highlighted a previous exception to the ban, allowing for marriage of in-laws where "no harm would ensue." B and L were awarded £12,000 (approximately $21,900) in costs and expenses and the British government must now consider changing the law to provide a right to in-law marriages. BBC News has more.


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Nuclear terrorism convention gets first signature at UN summit
Jamie Sterling on September 14, 2005 12:03 PM ET

[JURIST] Russian President Vladimir Putin [official website] was the first world leader to sign the UN Convention for the Suppression of Acts of Nuclear Terrorism [PDF text], which opened for signatures Wednesday at the UN's 2005 World Summit [official website]. As many as 63 nations are expected to sign the treaty [JURIST report], initially proposed by Russia, which addresses the illegal possession or use of nuclear materials by non-state actors and calls for international cooperation with nuclear terror investigations and proceedings. The convention was adopted [JURIST report] in April, after several years of negotiations between nuclear and non-nuclear nations. The convention will enter into force after it is signed and ratified by at least 22 countries. MosNews has more.
Also Wednesday at the UN, leaders from Security Council member countries are gathering to vote on a draft proposal that condemns the incitement of terrorist acts, and calls upon all member states to take appropriate steps to end such incitement. The resolution, proposed by British Prime Minister Tony Blair, seeks to empower authorities to expel or exclude foreign nationals who incite violence or glorify terrorism. Human rights groups have expressed disapproval [HRW press release] of the initiative, calling it "a pretext to suppress peaceful expression," and arguing that the definition of "incitement to terrorist acts" should be strictly construed in order to avoid prohibitions on lawful expression and association. In an address to the General Assembly [text], President Bush voiced his support of the measure, and called upon leaders to "change the conditions that allow terrorists to flourish and recruit." Reuters has more.
4:30 PM ET - Security Council heads of state and government unanimously adopted two resolutions Wednesday calling on states to reinforce the battle against terrorism and strengthening the Council's role in preventing conflict. Resolution 1624 [text] condemns "all acts of terrorism irrespective of their motivation, whenever and by whomsoever committed, as one of the most serious threats to peace and security" and calls upon states to adopt all necessary measures to combat terrorism. These measures include prohibiting incitement to commit terrorist acts, denying safe haven to anyone involved in terrorism, strengthening the security of international borders, and combating fraudulent travel documents. The resolution also calls upon states to ensure that any measures taken comply with all obligation under international human rights law, refugee law, and humanitarian law. The Council also Resolution 1625 [text] which calls for countries to adopt a wide range of measures to prevent conflict, including promoting fair and transparent electoral processes and acting against illegal exploitation and trafficking of natural resources. UN News has more.


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Annan, Bush call for action on disarmament, rights, terror at UN summit
Jamie Sterling on September 14, 2005 11:41 AM ET

[JURIST] Addressing the opening session of the UN's 2005 World Summit [official website] Wednesday, UN Secretary-General Kofi Annan [official profile], US President George Bush and other world leaders appealed for global action to prevent conflict, protect human rights and suppress terror. Speaking to the 60th anniversary session of the General Assembly, Annan expressed hope that all nations would act together [AP report] to meet the challenges of the new century, which he said included "peacemaking, nation-building, democratization and responding to natural or man-made disasters." He called the draft summit outcome document [PDF text], approved late Tuesday [JURIST report] "a good start," but noted that it was not the sweeping structural reform that he had proposed. In particular, Annan criticized the failure to reach an agreement on nuclear non-proliferation and disarmament, saying Twice this year -- at the NPT review conference, and now at this Summit -- we have allowed posturing to get in the way of results. This is inexcusable. Weapons of mass destruction pose a grave danger to us all, particularly in a world threatened by terrorists with global ambitions and no inhibitions. Read the full text of Annan's speech.
President Bush in his remarks [PDF text] called on the United Nations to be free of corruption [AFP report] and directly questioned the UN's practice of placing countries with bad human rights records on the Commission on Human Rights [official website]. He also called on UN member states to complete a Comprehensive Convention on International Terrorism that would clearly state, in the preferred American formulation, that "the targeting and deliberate killing by terrorists of civilians and non-combatants cannot be justified or legitimized by any cause or grievance". A previously-proposed UN formulation had omitted the words "by terrorists", which US UN Ambassador John Bolton objected to [PDF letter] on grounds that it "does not address military activities that are appropriately governed by international humanitarian law.". AP has more. Additional prepared remarks, and a live webcast of the summit, are available here from the UN.


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Roberts says Congress has the right to counter Supreme Court decisions
Holly Manges Jones on September 14, 2005 11:03 AM ET

[JURIST] In the third day of his Senate confirmation hearings Wednesday, US Chief Justice nominee John Roberts [Wikipedia profile; JURIST news archive] said that Congress has the right to counter decisions made by the Supreme Court, including the controversial ruling earlier this year in Kelo v. New London [PDF opinion], which allows local governments to expropriate land for private redevelopment [JURIST report]. Roberts commented on proposed legislation that would ban federal funds for projects commencing as a result of the Kelo decision, and stated: "[t]his body and legislative bodies in the states are protectors of the people's rights . . . It's not simply a question of legislating to address particular needs, but you obviously have to also be cognizant of the people's rights and you can protect them in situations where the court has determined, as it did 5-4 in Kelo, that they are not going to draw that line." Senate Judiciary Committee [official website] chairman Arlen Specter (R-PA), who previously told Roberts to be ready for Congressional authority questions [JURIST report], also expressed his disdain at the way legislators can be "treated as schoolchildren'' through criticism from some justices. Roberts replied that the Supreme Court was not the "taskmaster" of Congress, but rather that the Constitution should guide the actions of both bodies. AP has more.


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Bosnian Serb war crimes fugitive surrenders to authorities
Sara R. Parsowith on September 14, 2005 8:16 AM ET

[JURIST] Bosnian Serb war crimes suspect Sredoje Lukic, indicted [text] in 2000 by the International Criminal Tribunal for the former Yugoslavia [official website] surrendered to Serb authorities in Bosnia Tuesday. Lukic is charged with cruel and inhumane acts against non-Serbs, crimes against humanity as well as humiliation, terrorizing and psychological abuse of Bosnian Muslims. Lukic and his cousin Milan Lukic [ICTY case backgrounder], were members of a notorious paramilitary group called the Avengers. The charges allege that during May 1992 and October 1994, the Avengers "committed, planned, instigated and ordered the executions" of Bosnian Muslims in Bosnian Serb-controlled territory. Sredoje Lukic is the 15th war crimes fugitive to surrender to Serbian authorities since last year. However, the two top fugitives, Radovan Karadzic [BBC profile] and Ratko Mladic [Wikipedia profile], are still in hiding. The Serbian government is under pressure [JURIST report] from the ICTY and Western countries to cooperate with The Hague tribunal in exchange for the country's access to the European Union and NATO. AP has more.


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