Canada is the only major industrialized country that lacks a national securities regulator. This step will strengthen the stability, integrity and effectiveness of the Canadian financial system ... [by] harmoniz[ing] existing legislation in the form of a single statute. ... It proposes significant improvements in terms of governance, adjudication, financial stability, and regulatory and criminal enforcement, and provides a wide scope of authority to regulate financial instruments and participants in capital markets.

The legislation is based on the recommendations of a seven-member panel appointed by Flaherty, which concluded in January that the global financial crisis [FT backgrounder] increased the need for a national securities regulatory system. It comes as a culmination of the efforts of successive Canadian governments to form a single securities regulator. The global financial crisis has caused concern over securities regulations in other countries as well, prompting the US Department of Justice [official website] in April to open a criminal investigation [JURIST report] of Goldman, Sachs & Co. [corporate website] for possible securities fraud in mortgage trading. Earlier in April, the US Securities and Exchange Commission (SEC) [official website; JURIST news archive] filed civil charges [JURIST report] against Goldman Sachs. The SEC alleges that Goldman made misleading statements and omissions to investors in early 2007 in violation of the Securities Act of 1933 [text, PDF] and Securities Exchange Act of 1934 [text, PDF]. Also in April, the German government announced [JURIST report] that it was considering legal action against the company. Britain has indicated that it may also pursue legal action [Bloomberg report] after it found out the scope of the allegations contained in the SEC lawsuit.

The decision stemmed from a request filed [JURIST report] by ICC Chief Prosecutor Luis Moreno Ocampo [official profile] last month for a finding of non-cooperation pursuant to Article 87 of the Rome Statute for the government's refusal to arrest Harun and Kushayb. The request stated that "[t]o the contrary, the [government of Sudan] continues to commit crimes, promotes and protects the persons sought by the Court; and harasses all persons who are considered to be in favor of justice." The majority of the ICC caseload has come from Africa, causing tense relations with the governments in the region. On Monday, a collection of African civil society organizations issued a declaration urging greater cooperation [JURIST report] between the ICC and African nations in anticipation of the upcoming ICC Review Conference of the Rome Statute [official website]. The group of 124 organizations called on African governments to enhance their cooperation with the court and to make greater efforts in the execution of outstanding warrants. The review conference will take place in Kampala, Uganda from May 31 to June 11, 2010. During the conference, member states will consider proposed amendments [text] to the statute.

In 2005, the Inter-American Court of Human Rights [official website] denied an appeal request to reinterpret its November 2004 ruling [JURIST reports] that upheld Berenson's conviction. Lawyers for Berenson claimed that her trial failed to meet international standards for fairness, and sought to have her conviction and 20-year sentence overturned. In a 2000 CBS News interview [text], Berenson characterized her original trial proceedings as hostile and coercive, saying that she had faced a panel of hooded judges and that armed guards had aimed assault rifles at her and her lawyer's heads during the 10-minute proceeding. She was initially sentenced to life imprisonment by a military court, but the sentence was reduced to 20 years in a civil retrial in 2001.

The Obama administration continues its push to close the Guantanamo Bay facility, despite missing its self-imposed one-year deadline [JURIST report] in January. The administration has run into several hurdles in closing the prison, including opposition from members of Congress and the suspension of detainee transfers to Yemen [JURIST report]. Last week, the US House Armed Services Committee [official website] approved a bill [JURIST report] prohibiting the Obama administration from modifying or building a facility in the US to hold detainees currently held at Guantanamo. The bill requires [summary, PDF] that any plan to construct or modify US facilities to accommodate Guantanamo transfers be "accompanied by a thorough and comprehensive plan that outlines the merits, costs, and risks associated with utilizing such a facility." As the Obama administration has not presented such a plan to Congress, the bill prohibits the use of any funds for the purpose of preparing a US facility for Guantanamo transfers. The number of detainees at Guantanamo has significantly been reduced as the administration continues to transfer detainees to a growing list of countries including Bulgaria, Spain, Maldives, Georgia, Albania, Latvia, Switzerland, Slovakia, Algeria, Somaliland, Palau, Belgium, Afghanistan, and Bermuda [JURIST reports].

SJR 59 is the answer to Oklahoma citizens about opting out of Obamacare. ... What this legislation does is it empowers the voters to make the decision whether or not they want a single payer system implemented on them. ... [T]his legislation builds upon the state constitution ... [which is] the first line of defense for a state.

Oklahoma joins Florida and Arizona in placing similar constitutional amendments on the November ballot. On Monday, the Obama administration filed a brief [JURIST report] urging the dismissal of a lawsuit brought by Virginia challenging the constitutionality of the individual mandate provision of the health care reform. Earlier this month, the National Federation of Independent Businesses (NFIB) [association website], a small business lobby group, joined a separate lawsuit [JURIST report] challenging the health care reform law. The NFIB joined 20 states in a suit that began in March when a complaint seeking injunction and declaratory relief was filed [JURIST reports] in the US District Court for the Northern District of Florida [official website]. Among the allegations in the suit are violations of Article I and the Tenth Amendment of the US Constitution [text], committed by levying a tax without regard to census data, property, or profession, and for invading the the sovereignty of the states.

The Thai government's response to the recent conflict in Bangkok has been criticized by international human rights organizations. Last week, Human Rights Watch (HRW) [advocacy website] expressed concern [JURIST report] about the treatment of anti-government protesters detained during the Bangkok demonstrations. The organization chided the Thai government for enacting a "draconian" emergency decree giving Thai security forces broad power to arrest individuals without formal charges and hold them in secret detention. The decree, which lacks judicial oversight, also prevents detainees from having access to legal counsel or family members. Earlier this month, a Thai court sentenced 27 protesters to six months in prison for violating the emergency decree. Under the strict security law [JURIST report] adopted in anticipation of the protests, the red shirts initially faced up to a year in prison, but their confessions allowed the district court to commute their sentences [AFP report]. During their protests, the red shirts demanded that Prime Minster Vejjajiva Abhisit [BBC backgrounder] resign and called for new elections. The Thai government implemented a curfew [JURIST report] in Bangkok and other areas of the country in response to violence that erupted when the leader of the red shirts announced an end to the protests. The curfew remains in effect as the government tries to maintain order.

Earlier this month, the ICTY announced that the Office of the Prosecutor [official website] has filed a motion to amend [JURIST report] the indictment against Mladic. Prosecutors believe that the amended indictment will help speed up the court proceedings once he is captured. The amended indictment includes 11 counts of genocide, crimes against humanity, and violations of the laws and customs of war that took place between 1992-1995. In March, UN Secretary-General Ban Ki-moon [official website] said that the ICTY will continue to operate [JURIST report] beyond its originally planned end date, in part to apprehend both Mladic and political leader Goran Hadzic [case materials], who both face a significant number of charges. Ban estimated that it will be necessary for the court to remain open until 2013.

While I support reasonable restrictions on abortion, this legislation has numerous flaws. As with previous abortion bills I have vetoed, HB 3284 lacks an essential exemption for rape and incest victims. By forcing them to submit to a personally invasive questionnaire and posting the answers on a state website, this legislation will only increase the trauma of an already traumatic event. Victims of such horrific acts should be treated with dignity and respect in such situations, as should all people.

Two weeks ago, the Oklahoma Senate voted 32-11 [JURIST report] to pass the bill. Identical legislation was signed into law last session but was struck down [JURIST report] because it was part of a broader bill that violated the state constitution's single subject requirement. Earlier this month, Oklahoma Attorney General Drew Edmondson [official profile] agreed to delay the implementation of another controversial new state law [HB 2780 text, RTF] requiring women seeking an abortion to consent first to an ultrasound after the Center for Reproductive Rights [advocacy website] requested a restraining order temporarily barring enforcement of the law. In April, the Oklahoma Senate voted to override [JURIST report] Henry's veto of two anti-abortion bills, including the ultrasound bill. The Oklahoma laws join another restrictive abortion law passed recently in Nebraska, which bans abortions after 20 weeks [JURIST report].