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Legal news from Tuesday, April 14, 2009




JURIST nominated for Webby Award as best law website
Jaclyn Belczyk on April 14, 2009 3:55 PM ET

[JURIST] JURIST [FAQ] was nominated Tuesday for a prestigious Webby Award [awards website] as the best Law website of 2009. Called the "Internet's highest honor" by the New York Times and presented by the International Academy of Digital Arts and Sciences [profession website], the "Webbys" are the leading international awards honoring excellence in interactive design, creativity, usability, and functionality on the Internet.

As a Webby Award nominee, JURIST is also eligible to win a People's Voice Award [awards website]. Voting on Webby nominees is open to the public from April 14 to April 30. To vote for JURIST, go to the "People's Voice" voting site by clicking here. Register (you may need to scroll down), get the activation code that will be sent to your e-mail account, then log in to the People's Voice site, click on the "Website" grouping, scroll down to "Society" and vote in the Law category. The process takes just a couple of minutes. It's easy. The People's Voice site also lets you write and leave a review of JURIST for the information of other voters.

The 13th Annual Webby Awards competition received more than 10,000 entries from all 50 states and more than 60 countries worldwide. Also receiving finalist nominations in the Law category [nomination list] this year were GetLegal, Immigration Advocates Network, WomensLaw.org, and Workplace Fairness [websites]. Webby nominees in other categories this year include the New York Times, BBC News, PBS, National Geographic, and NPR. Winners will be announced in New York May 5.

Headquartered at the University of Pittsburgh School of Law [law school website], JURIST is powered by a team of some 35 law student reporters, editors, and web developers [staff list] led by law professor Bernard Hibbitts [profile] who volunteer their time and talent to the project, working with leading legal experts from around the world to provide up-to-the minute legal news, primary source research, and analysis as an educational service to the public and the legal community.

JURIST was nominated for a Webby [JURIST report] in 2008 and was also named an Official Honoree in the Students category [awards website]. JURIST won the Webby People's Voice Award as the best Law website of 2006 and in 2007 was named an Official Honoree [JURIST reports].






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Ex-Qwest CEO Nacchio begins serving sentence for insider trading after losing appeals
Andrew Morgan on April 14, 2009 3:51 PM ET

[JURIST] Former Qwest Communications [corporate website] CEO Joseph Nacchio [JURIST news archive] on Tuesday began serving a six-year sentence for insider trading after the US Court of Appeals for the Tenth Circuit [official website] denied [order, PDF] Monday his request [motion, PDF] to postpone imprisonment. Nacchio had argued that his surrender date should be delayed pending an appeal to the US Supreme Court. A three judge panel for the Tenth Circuit found that Nacchio had not met the criteria for release [18 USC § 3143(b)] because, "the showing as to even the more lenient [Supreme Court review standard urged by Nacchio] is insufficient: Mr. Nacchio has not shown that there is a reasonable chance that the Supreme Court will grant his petition." Nacchio also filed an emergency appeal with Supreme Court Justice Steven Breyer [official biography, PDF] requesting that he be released on bail while the Court decides whether to hear his appeal. Breyer rejected the appeal without comment.

Nacchio reported to the minimum security prison camp at FCI Schuylkill [official website], marking an end to nearly two years of appellate proceedings following his April 2007 conviction [JURIST report] for illegally selling $52 million of Qwest stock in 2001. Nacchio's conviction was overturned [JURIST report] by a Tenth Circuit panel in March 2008 due to improperly excluded expert testimony, but was reinstated [opinion, PDF] in a February 2009 en banc rehearing requested [JURIST report] by the prosecution. Federal prosecutors indicted Nacchio in December 2005 on 42 counts of insider trading [JURIST report]. He and other former Qwest executives still face civil fraud charges [JURIST report] brought by the US Securities and Exchange Commission [official website] on allegations that Qwest improperly reported approximately $3 billion in revenue that eased its 2000 merger with US West.






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Blagojevich pleads not guilty to corruption charges
Safiya Boucaud on April 14, 2009 3:38 PM ET

[JURIST] Former Illinois governor Rod Blagojevich [JURIST news archive] pleaded not guilty to corruption charges Tuesday before the US District Court for the Northern District of Illinois [official website]. Earlier this month, Blagojevich was indicted [JURIST report] on 16 felony counts, including wire fraud, attempted extortion, racketeering conspiracy, extortion conspiracy, and making false statements. Blagojevich pleaded not guilty on all counts. Also indicted were his brother Robert Blagojevich, who also pleaded not guilty on Tuesday, his former chief of staff John Harris, campaign fundraiser and former fund chairman Christopher Kelly, fundraiser William Cellini, and former general counsel and campaign fund chairman Alonzo Monk. Harris, Kelly, and Cellini will be arraigned Thursday, and Monk is scheduled for arraignment next week.

In January, the Illinois State Senate voted unanimously [JURIST report] to convict Blagojevich of abuse of power and remove him from office. Blagojevich is the first Illinois governor to be impeached and removed from office. Blagojevich had boycotted [JURIST report] the impeachment proceedings against him, appearing only at the end of the Senate hearings to make a final plea to remain in office. Blagojevich and Harris were initially arrested [JURIST report] in December.






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European Commission claims UK violating EU Internet privacy protections
Bhargav Katikaneni on April 14, 2009 12:09 PM ET

[JURIST] The European Commission (EC) [official website] formally notified [press release] the UK Tuesday that it is starting infringement proceedings [EC backgrounder] against the UK for failure to follow EU Internet privacy and data protection rules [text]. The commission specifically referred to "Phorm" [BBC report], an internet technology used by UK Internet service providers (ISPs) to monitor user web-surfing habits and deliver personalized advertising without the user's consent. The program was stopped after public outrage [Guardian report], but the EC said it was unsatisfied with the official response to "Phorm" and pointed that out weak UK laws meant that the authorities could do little to actively protect user privacy. In calling for an overhaul of the UK laws, the EC said:

Under UK law, which is enforced by the UK police, it is an offence to unlawfully intercept communications. However, the scope of this offence is limited to 'intentional' interception only. Moreover, according to this law, interception is also considered to be lawful when the interceptor has 'reasonable grounds for believing' that consent to interception has been given. The Commission is also concerned that the UK does not have an independent national supervisory authority dealing with such interceptions.
The infringement proceedings give the UK two months to change their laws to comply with EU regulations. If the UK fails to respond, the commission may then issue a "reasoned opinion" in the matter, and finally, if necessary, refer the matter to the European Court of Justice (ECJ) [official website].

Initially, the UK government had said that "phorm" was legal and compliant [BBC report] with British and EU telecommunication laws. According to that source report, British Telecom (BT) [corporate website] had used the technology to track approximately 36,000 Internet users as they surfed the web in 2006 and 2007. Other UK ISPs, including Virgin Media [corporate website] and Talk Talk were set to deploy the technology before the news broke.





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Thailand court issues arrest warrants for ex-PM Shinawatra, protest leaders
Brian Jackson on April 14, 2009 11:52 AM ET

[JURIST] A Thai court on Tuesday issued arrest warrants for 13 leaders of anti-government protests, including former prime minister Thaksin Shinawatra [BBC profile; JURIST news archive]. The warrants were issued a day after Shinawatra called for the overthrow of the Thai government [Al-Jazeera reports] by United Front for Democracy against Dictatorship protesters, who have since ended their protests [Bangkok Post report]. Current Prime Minister Abhisit Vejjajiva [BBC profile] said that the state of emergency [JURIST report] he declared on April 11 will remain in force [Bangkok Post report] until there is a reasonable level of stability in Bangkok. He had previously lifted the state of emergency in Pattaya, but the protests there resulted in the cancellation [press release, PDF] of the Association of South-East Asian Nations summit that was scheduled to take place April 10-12. The US State Department has condemned the violence [press briefing] and urged a peaceful resolution to the protests.

Shinawatra has been at the center of several controversial events in Thailand since being overthrown in a military coup [JURIST report] in 2006. In December, the Constitutional Court of Thailand disbanded the People's Power Party [JURIST report], long associated with Shinawatra, and banned his brother-in-law, Somchai Wongsawat, from politics for five years. In October, Shinawatra was convicted on charges of corruption for the purchase of land from a government-controlled fund, and in July his wife was convicted on charges of tax evasion [JURIST reports].






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Fiji lawyers urge judges to resist ouster
Amelia Mathias on April 14, 2009 8:20 AM ET

[JURIST] Members of Fiji's Law Society [organization website] on Tuesday called for deposed judges to remain in office and resist the current military regime's attempts to oust them. Judiciary confusion and political upheaval have continued in Fiji as lawyers refused to accept [Australian report] the dismantling of the government by President Ratu Josefa Iloilo [official profile]. Working with prime minister and head of Fijian military Commodore Josaia Voreqe "Frank" Bainimarama [BBC profile], the military-backed government on Tuesday arrested [Australian report] law society president Dorsami Naidu. The turmoil comes days after the Court of Appeal held that Iloilo's 2006 appointment of Bainimarama as prime minister was unconstitutional [JURIST report], prompting Iloilo to dismantle the government and suspend the constitution [JURIST report]. Fiji, a member of the Commonwealth [official website], now faces expulsion from that body and regional groups. In anticipation of civilian unrest, the military has been given permission to shoot civilians [UPI report], and a 30-day period of emergency has been put in place. The central bank has tightened exchange rates [Reuters report] as well, with the head offices reportedly being held by security forces. Bainimarama and Iloilo have promised to hold elections in 2014.

The turmoil has built since Iloilo reappointed Bainimarama prime minister [JURIST report] over the weekend. After Friday's announcement of the suspension of the constitution, US State Department [official website] spokesman Richard Aker criticized [press release] Iloilo's decision, saying it was a step backwards for the country, and called on Fiji to continue to recognize rights outlined in the suspended constitution. Iloilo's government has defended the 2006 coup as legal [JURIST report] because Iloilo had reserve powers that permitted him to dismiss the government and appoint new leaders, and he had given his permission to Bainimarama. Two days after the coup in December 2006, an interim prime minister had said that the coup was technically "illegal" [JURIST report] but necessary.






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Iran court tries US journalist on espionage charges
Adrienne Lester on April 14, 2009 8:12 AM ET

[JURIST] A spokesperson for the Iranian Judiciary announced Tuesday that an imprisoned US journalist was tried on espionage charges Monday. The Revolutionary Court of Iran conducted the trial of Roxana Saberi [advocacy website], accused of passing classified information to US intelligence agencies, in proceedings closed to the public [AP report]. Saberi was arrested [NYT report] last month after buying a bottle of wine, as alcohol consumption is banned in Iran. Initially, it appeared she would face charges for working as a freelance journalist for NPR and the BBC without Iranian press credentials, but once she was in custody the Iranian government charged her with espionage [AP report]. US officials, including Secretary of State Hillary Rodham Clinton [official profile], have called for Saberi to be released [NYT report]. The verdict from Saberi's trial is expected within several weeks. If convicted, Saberi could face execution.

Last year, the Committee to Protect Journalists [advocacy website] reported that Iran ranked sixth in the world [report] for total number of imprisoned journalists. In the past two years, Iran has arrested several journalists and scholars on espionage charges. In 2007, Iran accused four Iranian-Americans of belonging to a US-organized spy network. Iran formally charged [JURIST report] Iranian-American scholar Dr. Haleh Esfandiari [WWC profile] for allegedly plotting "against the sovereignty of the country." Iran also charged Dr. Kian Tajbakhsh [OSI press release] and Radio Farda [media website] correspondent Parnaz Azima with allegedly engaging in an espionage conspiracy [JURIST report]. An Iranian judge said that Esfandiari and Tajbakhsh admitted to carrying out some "activities" [JURIST report], although it was unclear if their statements were tantamount to an admission of spying.






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Pakistan president signs legislation to implement Sharia law in province
Andrew Gilmore on April 14, 2009 7:28 AM ET

[JURIST] Pakistan President Asif Ali Zardari [BBC profile; JURIST news archive] signed legislation Monday that would establish Islamic Sharia law [CFR backgrounder; JURIST news archive] in the volatile North West Frontier Province (NWFP) area of Swat, sending the bill [Daily Times report] to the Pakistani parliament for approval. The Pakistani government and Islamic militants linked to the Taliban [JURIST news archive] reached an agreement [JURIST report] in February on the deal, which is contingent on peace [NYT report] between the government and the militants. Zardari's endorsement of the deal follows a parliamentary resolution [Dawn report] passed earlier Monday calling on the president to ratify the agreement. As with an earlier tentative agreement [JURIST report] reached in May 2008 to establish Sharia law in the Swat area, Monday's agreement will create a separate justice system [BBC report] for the whole region.

The agreement for the implementation of sharia law in Swat has been seen by many as a controversial concession [Dawn report] by the Pakistani government to Islamic militant groups. The May 2008 agreement [Guardian report] to establish Sharia law in the Swat area, which collapsed amid ongoing violence between Islamic groups and the Pakistani military, provided that militants would halt suicide attacks and hand over foreign fighters under local protection. In exchange, an Islamic justice system would have been created to operate in parallel with the secular system, and established Pakistani courts would have been advised by Islamic scholars. Violence by Islamic militants has long been a problem in Pakistan's outlying provinces. Earlier in 2008, Pakistan's top Taliban leader Baitullah Mehsud [BBC profile] and four others were charged [JURIST report] in the assassination of former prime minister Benazir Bhutto [BBC obituary; JURIST news archive]. Meshud is the commander of Tehrik-e-Taliban, a group of Islamic militants with links to al Qaeda. He has denied involvement in the attack.






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Minnesota court declares Franken winner of US Senate race
Eszter Bardi on April 14, 2009 7:21 AM ET

[JURIST] A three-judge panel for the Minnesota State Court for the Second District [official website] on Monday declared [order; PDF] Al Franken [campaign website] the winner of the state's 2008 US Senate race over opponent Norm Coleman [campaign website]. Both candidates had brought claims before the court over absentee ballots in their favor that they said were legally cast but wrongfully rejected. The court held that an April 7 order giving Franken 1,212,629 votes and Coleman 1,212,317 votes entitled Franken to be certified as the winner, and dismissed claims by Coleman that the count either included votes which had been counted twice, or should have included votes cast in his favor which still would not have given him more votes than Franken. Franken celebrated [press release] the court's finding, and asked Coleman to accept the ruling and allow Franken to begin serving in the US Senate. A spokesperson for Coleman said he would challenge the order [press release] in the Minnesota State Supreme Court, and that he may even pursue the case to the US Supreme Court.

Amy Klobuchar (D-MN) [official website] currently serves as the sole senator of Minnesota.  Prior to the court order, a mandatory manual recount concluded in January similarly showed that Franken had won the election by 225 votes.






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Serbia to seek US extradition of Nazi war crimes suspect
Andrew Gilmore on April 14, 2009 6:20 AM ET

[JURIST] Chief prosecutor of the Serbian Office of the War Crimes Prosecutor [official website] Vladimir Vukcevic said Monday that Serbia would ask the US for the extradition of alleged Nazi war criminal Peter Egner after his US citizenship is revoked. Peter Egner, 86, has admitted to serving in the Nazi-run Security Police and Security Service, a unit which is believed to have taken part in the killings of more than 17,000 people in the area surrounding then German-occupied Belgrade. Speaking to a Jewish community organization, Vukcevic announced the forthcoming extradition request [B92 report], which would allow Egner to be tried for his alleged crimes in Serbia. Vukcevic told the AP that Serbian prosecutors have been collecting evidence [AP report] against Egner for use against him at trial.

In July, Serbian prosecutors confirmed [JURIST report] that they were gathering evidence for a case against Egner. Earlier that same week, the US Department of Justice (DOJ) filed a complaint [text, PDF; JURIST report] in the US District Court for the Western District of Washington [official website], seeking to revoke Egner's US citizenship. Egner became a US citizen in 1966 but failed to disclose his Nazi service on his citizenship application. The DOJ argued that he was ineligible for citizenship both because of his service and because he concealed that information on his application.






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