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Legal news from Sunday, October 19, 2008




ACLU names new president
Devin Montgomery on October 19, 2008 5:18 PM ET

[JURIST] The American Civil Liberties Union (ACLU) [advocacy website] on Saturday named [press release] Susan Herman [ACLU profile], a law professor at Brooklyn Law School [faculty profile], as its new president. Herman, a constitutional and civil rights scholar [selected works], previously served as the ACLU's general counsel. ACLU executive director Anthony Romero [ACLU profile] commented on her appointment:

[She] is a deeply principled and talented leader who will ably harness the collective energies of the ACLU Board... She has a profound appreciation for the ACLU's historical role and monumental achievements and, at the same time, an enormous capacity to envision the ACLU's vibrant and growing role as it continues to fight the inevitable civil liberties challenges that lay ahead.
Herman has said she wants to reach out to African Americans and communities of faith as she undertakes her new position. She succeeds former ACLU president Nadine Strossen [ACLU profile], who had held the position since 1991. AP has more.

Herman has been a guest columnist for JURIST several times. In September 2006, she considered the longer term effects of 9/11 [JURIST op-ed] and the impact of "wartime" versus peacetime rules on the balance of governmental powers and decision making. In January 2006, she criticized the pending reauthorization of the USA PATRIOT Act [JURIST op-ed] and other consolidations of power in the executive branch, a follow-up to her December 2001 castigation of the original Act [JURIST op-ed].





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Iran bans execution of minors for drug-related crimes
Devin Montgomery on October 19, 2008 4:01 PM ET

[JURIST] Iran has banned the execution of minors for drug-related crimes, but will still allow the sentence to be imposed against juveniles convicted of murder, according to a statement [AP report] made by Iran's Assistant Attorney General for Judicial Affairs Hossein Zabhi on Saturday. Zabhi announced a new directive [Etemaad report, in Arabic] limiting the use of the death penalty for crimes committed by minors last week, but the scope of the ban had been unclear. Zabhi has now said that executions for juvenile offenders will still be allowed where the punishment is sought by the victim's family under an Islamic law principle of retribution called qisas. The directive had been praised by rights groups including Stop Child Executions (SCE), Amnesty International (AI), and Human Rights Watch (HRW) [press releases], but is likely to be criticized in light of the clarification. The sentences of those juvenile offenders set to to be executed for drug crimes will be commuted to life in prison under the directive. Reuters has more.

In September, the Office of the UN High Commissioner for Human Rights (OHCHR) [official website] urged Iran [JURIST news archive] to ban the use of the death penalty [UN News Centre report; JURIST report] against juvenile offenders. Later that month, HRW issued a report [JURIST report] calling on all Iran, Saudi Arabia, Sudan, Pakistan, and Yemen to stop their use of the punishment for minors. In August, Iran executed a man [JURIST report] for a stabbing he was convicted of committing as a minor. Rights groups say Iranian executions of juveniles violate the terms of the UN Convention on the Rights of the Child [text], to which Iran is a signatory, but officials for the country argue that it and similar executions are allowed because the offenders reached the age of majority before being executed. HRW has said [press release] that Iran leads the world in executing the most people for crimes committed as children and SCE keeps a list [advocacy materials] of minors facing execution in Iran.






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