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Legal news from Tuesday, June 1, 2010
by Hillary Stemple

US Attorney General Eric Holder announced Tuesday that the Department of Justice (DOJ) is reviewing whether any criminal or civil laws were violated by BP resulting in the Gulf of Mexico oil spill. Holder cited several statutes being examined by government lawyers including the Clean Water Act and the Oil Pollution Act of …

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by Hillary Stemple

The Australian government on Monday initiated proceedings against Japan in the International Court of Justice (ICJ), claiming Japan has breached its obligations under the International Convention for the Regulation of Whaling. The move was expected [JURIST op-ed] after the Australian government announced last week that it would file suit against …

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by Dwyer Arce

UN Human Rights Commissioner Navi Pillay on Monday called for an international inquiry into the conduct of the Sri Lankan government during its civil war. Pillay, speaking at the opening of the fourteenth session of the Human Rights Council, commended the Sri Lankan government for progress made on the resettlement of …

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by Hillary Stemple

US Attorney General Eric Holder called Monday for increased international efforts in fighting corruption. Speaking to the Organisation for Economic Co-Operation and Development (OECD) Holder reaffirmed the US commitment toward fighting corruption and called on several countries including China, India, and Russia to adopt the OECD Anti-Bribery Convention. Holder indicated that the only way …

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by Sarah Miley

The US Supreme Court on Tuesday ruled unanimously in Levin v. Commerce Energy that federal courts lack original jurisdiction over state tax claims based on discrimination. The court held that, under the comity doctrine, a taxpayer's complaint of allegedly discriminatory state taxation, even when framed as a …

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by Hillary Stemple

The US Supreme Court on Tuesday ruled 5-4 in Berghuis v. Thompkins that when Miranda warnings are properly given, a person wishing to invoke the right to remain silent must do so unambiguously. The court overturned a ruling by the US Court of Appeals for the Sixth …

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by Hillary Stemple

The US Supreme Court on Tuesday ruled in Carr v. United States that the failure to register provision [18 USC § 2250] of the Sex Offender Registration and Notification Act (SORNA) does not apply retroactively to offenses occurring before SORNA's enactment. Authoring the opinion, Justice Sonia Sotomayor …

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by Dwyer Arce

The US Supreme Court on Tuesday ruled unanimously in Samantar v. Yousef that the Foreign Sovereign Immunities Act of 1976 (FSIA) [28 USC §§ 1330, 1602 et seq. text] does not grant foreign officials immunity from civil lawsuits. In affirming the decision of the US …

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by Andrew Morgan

The UN Security Council Tuesday called for a "prompt, impartial, credible and transparent investigation" into a weekend raid by Israeli commandos on an aid flotilla bound for the blockaded Gaza strip in which 10 civilians on a Turkish ship were killed. Reaffirming two earlier resolutions calling for a two-state solution and unimpeded …

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by Sarah Miley

The US Supreme Court on Tuesday granted certiorari in Mayo Foundation for Medical Education and Research v. United States [docket; cert. petition, PDF] to decide whether medical students working as full-time residents are eligible for the student exception to Federal Insurance Contributions Act (FICA) taxes imposed on employers and employees. …

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by Jaclyn Belczyk

The US Supreme Court on Tuesday decided in Alabama v. North Carolina to adopt the recommendations of the Special Master in an interstate dispute over the disposal of radioactive waste. The court has original jurisdiction over the dispute and agreed to hear the suit in 2003. Both …

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by Dwyer Arce

UN Secretary General Ban Ki-moon on Monday hailed the dawning of an "age of accountability" during the opening day of the review session of the International Criminal Court (ICC). Ban described the first Review Conference of the Rome Statute, where delegates from ICC member states will consider amendments to the founding statute …

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by Hillary Stemple

China's Supreme People's Court announced Sunday that evidence obtained through violence or intimidation will be barred from use in criminal trials and death penalty cases. The new regulations require prosecutors to provide the court with records from interrogations and allow defendants convicted in death penalty cases to request an inquiry into the …

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by Sarah Miley

The Iraqi Supreme Court on Tuesday ratified the final results of the nation's March 7 parliamentary elections, officially confirming a narrow victory for the secular Iraqiya alliance. The court's chief judge, Madhat al-Mahmoud, announced the ratification during a television broadcast of the ruling. The ruling confirms 91 seats of the 325-member parliament for the …

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