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Legal news from Friday, February 10, 2006 |
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Federal lawsuit filed over New Orleans election plans
Jeannie Shawl on February 10, 2006 3:36 PM ET

[JURIST] The Advancement Project [advocacy website], a Washington, DC-based advocacy group, has filed a federal lawsuit challenging election plans for New Orleans [JURIST report], alleging that the plan puts too much emphasis on absentee voting and would keep blacks out of office. According to the lawsuit [complaint, PDF; press release], Louisiana's emergency election plan following Hurricane Katrina [JURIST news archive] will disenfranchise or severely burden the franchise of thousands of displaced voters, the vast majority of whom are African-American, and therefore violates the 1965 Voting Rights Act [DOJ backgrounder].
Late last month, the Louisiana legislature approved a plan to hold April elections in New Orleans city races and to distribute absentee ballots to residents still displaced by Katrina. The Advancement Project is seeking a federal court order directing Louisiana election officials to make several modifications to the plan, including setting up satellite polling places, mailing unsolicited absentee ballots to displaced persons with known addresses, and giving public notice of the elections in all states where displaced persons reside. The National Association for the Advancement of Colored People [advocacy website] has also indicated that it might file a court challenge against the election plans unless displaced voters are given greater consideration. AP has more.


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Environmental brief ~ California electronic waste law takes effect
Tom Henry on February 10, 2006 3:20 PM ET

[JURIST] Leading Friday's environmental law news, a California law that makes it illegal to throw away electronic waste went into effect Thursday. Under the law [CIWMB backgrounder], residents will have to take most consumer electronic equipment, including computers, printers, VCRs, microwave ovens, fluorescent lighting, glass thermometers, old thermostats and batteries, to local household hazardous waste collection centers for recycling, storage or disposal. The collection centers are being funded through an additional state sales tax [CIWMB backgrounder] on new consumer electronic items [backgrounder]. Mercury News has more.
In other environmental law news... - The US Environmental Protection Agency [official website] warned the state of Michigan Thursday that it had missed an April 2005 deadline to finalize a plan for requiring industrial plants to reduce nitrogen oxide emissions. A Michigan Department of Environmental Quality [official website] spokesman says the plan should be done within a few months. The EPA warned that if the state does not finalize its plan, the EPA will impose its own cleanup plan, in accordance with the Clean Air Act [text]. The Lansing State Journal has more.
- Unnamed Ugandan government officials have dismissed allegations that the government is violating an international water use agreement by withdrawing more water from Lake Victoria for use by the Nalubaale and Kiira hydro-electric power plants than allowed. The allegations [PDF text; backgrounder], reported by the International Rivers Network [advocacy website], claim Uganda has used 55 percent more water in the past two years than it should have, resulting in a 45 centimeter decrease in the lake level. The Ugandan officials blame the water drop to a regional drought. BBC News has more.
- The US Bureau of Land Management (BLM) [official website] wants to spray nearly 932,000 acres of land in 17 states annually with herbicides to kill cheatgrass and other non-native weeds. The public comment period for the proposed action [PDF backgrounder] ends today [press release], and the BLM could reach a decision on the program by this summer. The BLM plans to use different methods to get rid of the weeds on 5 million other acres, including prescribed burning, pulling and tilling, and releasing insects that feed on the plants. The BLM oversees 261 million acres of surface land. USA Today has more.


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Media magnate Black seeks speedy trial on fraud charges
Lauren Becker on February 10, 2006 2:42 PM ET

[JURIST] Conrad Black [JURIST news archive], former chairman of media company Hollinger International [corporate website], told a US federal judge in Chicago Friday that he would prefer to have a trial soon. Black appeared at a court hearing held to assess the progress of the case against him. In December he pleaded not guilty [JURIST report] to criminal charges [JURIST report] of fraud and racketeering, as well as obstruction of justice for destroying documents. Accusations against him include looting and misuse of company perks at Hollinger, a Chicago-based newspaper publisher with parent company in Toronto.
Black's trial, which will include associates and a holding company as co-defendants, is tentatively set to begin March 5, 2007, but the complex nature of the case may cause delays. At Friday's hearing the Canadian-born Black, now a British citizen and a member of the House of Lords, also expressed his frustration at a subpoena, now withdrawn, blocking his access to documents and personal items left in his office at Hollinger in Toronto. Reuters has more.


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Muhammad cartoons banned in Malaysia as protests continue
Bernard Hibbitts on February 10, 2006 1:29 PM ET

[JURIST] The government of mainly-Muslim Malaysia has imposed a blanket ban on the controversial caricatures of Muhammad [JURIST news archive], making it an offense to publish, import, produce, manufacture, circulate, distribute or even possess the cartoons originally printed in a Danish newspaper in September and since republished in newspapers around the world. The Malaysian ban is believed to be the first specific national prohibition of the cartoons by a government, and the first ban to extend to simple possession. Last week a South African court barred the publication of the cartoons [IRIN report] by newspapers in that country; editors there have said they will appeal. The Malaysian directive was accompanied by an order from Internal Security Minister Datuk Seri Abdullah Ahmad Badawi that the publishing license of the Sarawak Tribune [media website], an English language newspaper that republished the cartoons last week, be suspended indefinitely [Berama report]. Its editor faces three years imprisonment or a RM20,000 fine or both under the terms of Malaysia's Printing Presses & Publication Act. Malaysia currently heads the Organization of the Islamic Conference [official website] and the republication of the cartoons by a Malaysia media outlet is said to have caused the government some embarrassment. Malaysian officials are also reported to be concerned about exacerbating tensions between Malaysia's Muslim and non-Muslim populations. From Malaysia, the New Straits Times has local coverage. On Friday, more than 12,000 Malaysian Muslims marched on the Danish embassy in Kuala Lumpur [Bernama report] to protest the cartoons.
In a related development in neighboring Indonesia, the world's most populous Muslim nation, authorities Thursday arrested the editor of the tabloid publication PETA for republishing the cartoons there. A report in the Jakarta Post has suggested that Imam Tri Karso Hadi may be charged under Article 156 of the Criminal Code on Religious Blasphemy, which could lead to up to five years imprisonment. Reuters has more.
10:25 PM ET - Indonesian police have said they have now charged PETA editor Imam Tri Karso Hadi under the blasphemy statute. AFP has more.


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Senate approval of long-term Patriot Act renewal now likely
Jeannie Shawl on February 10, 2006 7:58 AM ET

[JURIST] A long-term renewal of the USA Patriot Act [PDF text; JURIST news archive] now seems likely as four key Republican senators who had been holding out on approving an extension have reached an agreement [JURIST report] with the White House. Sixteen key provisions [DOJ report, PDF] of the Patriot Act were set to expire at the end of last year, but members of Congress were unable to reach an agreement [JURIST report] on a long-term extension before Christmas and instead have passed two short-term extensions [JURIST report] keeping the provisions in force until March 10. The US House of Representatives and the White House had backed the renewal proposal in December's conference report [PDF text], but Senate Democrats, joined by the four Republicans, refused to agree, calling for more civil liberties protections to be incorporated into the renewal.
Under the compromise agreement [PDF summary; press release], recipients of Section 215 subpoenas for information in terror investigations would be able to challenge the accompanying gag order; people who receive National Security Letters (NSL) [sample text, PDF; ACLU backgrounder] would no longer be required to provide the FBI the names of lawyers consulted about the NSL; and current law would be clarified to ensure that libraries functioning in their traditional roles would not be subject to NSLs. Several Senate Democrats have also agreed to back the compromise, though other Democrats insist that the agreement includes only minor changes to the conference report and falls short on protecting freedoms [Sen. Feingold (D-MI) press release]. Friday's Washington Post has more.


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Georgia voter ID law challenge sent back to lower court
Cathy J. Potter on February 10, 2006 5:14 AM ET

[JURIST] The US Court of Appeals for the Eleventh Circuit [official website] on Thursday instructed a lower court to reconsider a challenge to Georgia's controversial voter ID law [PDF text] that required voters to show government-issued photo identification before casting their ballots, but left in place an injunction [PDF text; JURIST report] barring the law's enforcement. The three-judge panel instructed the lower court to reconsider the case in light of a new version of the law [SB 84 text, PDF], passed [JURIST report] by the Georgia state legislature [official website] last month.
Last October, the US District Court for the Northern District of Georgia granted the injunction, finding that there was a substantial likelihood that the plaintiffs would succeed on their claims that the voter ID law functions like a poll tax, and goes beyond what is necessary to prevent voter fraud. In response, Georgia lawmakers passed a revised version of the bill which provides free photo IDs to anyone requiring them, waiving the normal $35 fee. Georgia Governor Sonny Perdue [official website] signed the bill, but it will not take effect until it has been approved by the US Department of Justice, as is required under the 1965 Voting Rights Act [DOJ backgrounder] for all changes in voting requirements in states with a history of suppressing minority votes. AP has more.
Previously in JURIST's Paper Chase...


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UK Home Secretary backtracks on compulsory national IDs
Angela Onikepe on February 10, 2006 2:25 AM ET

[JURIST Europe] In an apparent political climbdown, UK Home Secretary Charles Clarke [official profile] has approved publication of proposed amendments to the controversial British Identity Cards Bill [official PDF text] that would require another Act of Parliament be passed to make the cards mandatory. The bill currently requires that anyone obtaining a British passport from 2008 onward also receive an ID card, putting their biometric data, including an iris scan and fingerprints, on record at a national database. The original bill faced strong opposition [BBC report] from some Tory, Liberal Democrat and even Labour MPs, who saw the scheme as an expensive and unnecessary intrusion into personal liberty and have been adamant in their goal to make sure the scheme remains voluntary. The government only narrowly won a preliminary vote [JURIST report] on the measure in June. British Prime Minister Tony Blair [official profile], who first introduced the ID card plan [JURIST report] last May, is slated to defend the issuance of national identity cards at the Labor spring conference on Friday. The bill was originally introduced to combat illegal immigration, terrorism, organized crime, and identity theft. The Independent has local coverage.
Angela Onikepe is an Associate Editor for JURIST Europe, reporting European legal news from a European perspective. She is based in the UK.


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