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Legal news from Wednesday, October 22, 2008
by Eric Firkel

New York Supreme Court Judge Jacquelyn Silbermann Wednesday rejected a petition brought by two members of New York City Council trying to prevent a council vote on a resolution to extend New York mayoral and city council term limits from eight to 12 years. Council members Bill de Blasio and Letitia James filed …

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by Safiya Boucaud

The US Court of Appeals for the Eleventh Circuit has ruled that a physician who was accused of writing illegal prescriptions could pursue claims of false arrest, false imprisonment and malicious prosecution against the federal government. The court held Tuesday that a provision of the Federal Tort Claims Act (FTCA) permitted such claims as …

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by Andrew Gilmore

The death sentence of Afghan journalism student Sayad Parwaz Kambaksh was reduced Tuesday to 20 years' imprisonment by an Afghan appeals court. Kambaksh was sentenced to death in January for distributing papers questioning gender roles under Islam. In May, Kambaksh appealed his death sentence before the appeals court. He denied the accusations …

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by Andrew Morgan

US Homeland Security Secretary Michael Chertoff Wednesday issued a final rule setting out the details of his department's air passenger screening program. Under the Secure Flight Final Rule, responsibility for vetting the nation's air passengers moves from individual airlines to the Transportation Security Administration (TSA). Airlines will collect the names, birthdays …

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by Andrew Gilmore

US District Judge Benjamin Settle ruled Tuesday that Iraq war objector 1st Lt. Ehren Watada cannot face a second court-martial on all charges for which he already faced court-martial. Settle's order held that a second-court martial of Watada on three of the five charges in his first court-martial would constitute double jeopardy …

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by Caitlin Price

The US Department of Defense announced Tuesday that the Office of Military Commissions Convening Authority has dismissed charges without prejudice against five Guantanamo Bay detainees. Noor Uthman Mohammed, Binyam Mohammed, Sufyiam Barhoumi, Ghassan Abdullah al Sharbi, and Jabran Said Bin al Qahtani remain in custody, and Chief Prosecutor Army Col. Lawrence Morris has appointed …

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by Leslie Schulman

US Defense Secretary Robert Gates confirmed Tuesday that the military prison at Guantanamo Bay would remain open for the duration of President George W. Bush's administration. The New York Times reported earlier in the day quoted unnamed senior administration officials as saying Bush had decided not to close the prison before the end …

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by Andrew Gilmore

The Ecuadorean Supreme Court of Justice and the Constitutional Tribunal of Ecuador on Tuesday published a statement laying out the first steps in enacting a system of oral arguments, as required by the new Ecuadorean constitution. The constitution, which took effect Monday upon publication in the country's official gazette …

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by Leslie Schulman

The Appeals Chamber of the International Criminal Court (ICC) Tuesday ruled on two separate appeals filed by the Office of the Chief Prosecutor, reversing for now the Trial Chamber's decision to release former Congolese militia leader Thomas Lubanga but dismissing a request that it lift an …

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