Legal news from Tuesday, November 8, 2005

[JURIST] Texas media are reporting that by a wide margin state voters have approved Proposition 2 [text; Yes campaign website; additional pro-Proposition website; LGRL No campaign website], a constitutional amendment to ban same-sex marriage. The ban was strongly supported by Texas Republican governor Rick Perry; some opponents actually rejected the … [read more]

[JURIST] Former Peruvian president Alberto Fujimori [Wikipedia profile, personal website] was denied release from jail in Chile [JURIST report] Tuesday pending a hearing on his extradition to face 21 Peruvian charges of corruption and human rights abuses during his presidency. Peru has 60 days to petition for Fujimori's extradition and … [read more]

[JURIST] The US Supreme Court [official website; JURIST news archive] Tuesday heard oral arguments in Georgia v. Randolph [Duke Law case backgrounder; ABA merit briefs] on whether police may search a home when one resident gives permission but the other does not. The case involves an estranged Georgia couple in … [read more]

[JURIST] A court in Mannheim has begun trial proceedings against neo-Nazi Ernst Zundel [ADL profile; CBC backgrounder], a German citizen charged in connection with denying the Holocaust in publications and a website [official website]. Holocaust denial constitutes a crime under Section 130 (3) of the German Federal Criminal Code, which … [read more]

[JURIST] The office of Louisiana Attorney General Charles Foti [official profile] announced Tuesday that it is investigating the possibility of legal action against the companies that designed and constructed the levee systems that led to the flooding of large portions of New Orleans in the aftermath of Hurricane Katrina [JURIST … [read more]

[JURIST] In meetings with US senators on Tuesday, US Supreme Court nominee Samuel A. Alito [official profile; US News profile; JURIST news archive] said that the Court's 1973 Roe v. Wade decision guaranteeing women the right to an abortion was long-standing precedent and therefore entitled to respect. Speaking to Sen. … [read more]

[JURIST] Leading Tuesday's environmental law news, the US Environmental Protection Agency [official website] has announced it will propose regulations for remodeling or renovating a home with lead-based paint by the end of the year. A federal law [text] had been passed in 1992 that requires contractors to disseminate information to … [read more]

[JURIST] Italian state TV RAI [media website] Tuesday aired a documentary accusing the United States of using the chemical white phosphorus [CDC factsheet; backgrounder] against both insurgents and civilians during a military assault on the insurgent-controlled city of Fallujah last year. Reports that US forces fired white phosphorous rounds … [read more]

[JURIST] US Senate Majority Leader Bill Frist [official website] and House Speaker Dennis Hastert [official website] on Tuesday called for a Congressional investigation into who leaked information on secret Central Intelligence Agency [official website] prison facilities in Eastern Europe rumored to be used to detain international terrorism suspects. Last week, … [read more]

[JURIST] The Pentagon on Tuesday announced [press release] it has issued a new directive restricting interrogation practices of suspected terrorists. Department of Defense Directive 3115.09 [PDF text; NYT report] establishes the broad requirement that all intelligence interrogations of detained individuals be conducted in a humane manner. Although the directive was … [read more]

[JURIST] Ralph Uwazurike [This Day profile], the leader of a Nigerian separatist organization has been charged with treason for his role in campaigning for the creation of an independent Biafra Nation [advocacy website]. Uwazurike and six other alleged co-conspirators have denied any intention to take up arms to intimidate the … [read more]

[JURIST] The first hearing in the criminal trial of US Rep. Tom DeLay [official website; JURIST news archive] will be held November 22, Senior Judge Pat Priest has announced. Attorneys for DeLay have asked the judge, who was appointed to the case [JURIST report] last week, to first hear a … [read more]

[JURIST] The Rwandan government wants to send a Catholic priest back to his home of Belgium to face trial on genocide charges and asked its highest court on Tuesday for permission to do so. Catholic missionary Guy Theunis is accused [JURIST report] of publishing extremist articles that incited Hutus to … [read more]

[JURIST] The Pentagon has said that it is committed to proceeding with a preliminary military commission hearing for Australian Guantanamo Bay [JURIST news archive] detainee David Hicks [BBC profile; JURIST news archive] despite the US Supreme Court's announcement Monday that it will hear a case challenging the legality [JURIST report] … [read more]

[JURIST] The US Supreme Court [official website] ruled Tuesday in IBP Inc. v. Alvarez [Duke Law backgrounder] that meat packing companies must pay their workers for the time it takes to change into and out of protective clothing and other safety equipment, in addition to the time it takes the … [read more]

[JURIST] The Japanese Health and Welfare Ministry [official website, English version] announced Tuesday it plans to appeal a court ruling requiring the nation to pay compensation to former Taiwanese leprosy [CDC backgrounder] patients who were incarcerated during Japanese colonial rule, between 1916 and 1945. Last month, the Tokyo District Court … [read more]

[JURIST] Americans went to the polls Tuesday to cast ballots in off-year elections. Voters in New Jersey and Virginia are electing new governors [Reuters report], while 39 ballot measures are up for approval in seven states [ report]: California, Maine, New Jersey, New York, Ohio, Texas, and Washington. Voters in … [read more]

[JURIST] The US Department of State [website] on Tuesday is releasing its annual list of states considered to be serious violators of religious freedoms, opening the named states to potential sanctions. Officials say countries deemed to be "of particular concern" include China, Eritrea, Iran, Myanmar, North Korea, Saudi Arabia, Sudan … [read more]

[JURIST] Members of the United Nations Security Council and General Assembly elected five judges [UN press release] to the fifteen member International Court of Justice (ICJ) [official website] Monday. The ICJ is the UN's highest court and settles disputes between governments and issues advisory opinions on topics presented by UN … [read more]

[JURIST] France's Interior Ministry [official website, in French] announced Tuesday that the government has authorized local officials to use emergency powers [press release] to help deal with riots that have broken out across the country [JURIST report] over the past 12 days, mostly instigated by disaffected Muslim immigrant youths. The … [read more]

[JURIST] Two senior Wal-Mart [corporate website] executives were aware that cleaning contractors were hiring illegal immigrants, according to an affidavit filed by the US Bureau of Immigration and Custom Enforcement [official website] as part of an effort to secure a search warrant for a 2003 raid on Wal-Mart headquarters. The … [read more]

[JURIST] AP is reporting that a lawyer for a co-defendant of Saddam Hussein [JURIST news archive] has been assassinated in Baghdad. Last month, Saadoun Sughaiyer al-Janabi, a defense lawyer for one of Hussein's co-defendants, was kidnapped by 10 masked gunmen [JURIST report] and later found dead [JURIST report]. Hussein's lawyers … [read more]

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