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Legal news from Saturday, October 30, 2010




Federal judge rejects challenge to Hawaii campaign finance legislation
Sarah Paulsworth on October 30, 2010 2:26 PM ET

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[JURIST] The US District Court for the District of Hawaii [official website] on Friday rejected a challenge to one of the state's campaign finance laws. In the case of Yamada et. al v. Kuramoto et. al., Judge Michael Seabright rejected challenges to two Hawaiian states laws [Honolulu Star Advertiser report] according to which political action committees must disclose the names of contributors and include disclaimers in advertisements. The hearing stemmed from a complaint [text, PDF] originally filed in August in which co-plaintiffs Jimmy Yamada and Russell Stewart challenged Hawaii's $1000 limit on donations to political action committees. Both men were seeking to donate $2,500 to the Aloha Family Alliance Political Action Committee [official website]. On the basis of their lawsuit, Seabright found the donation limit unconstitutional, citing the Supreme Court's decision in Citizens United v. Federal Election Commission [Cornell LII backgrounder], and approved an injunction [decision, PDF] on October 7 prohibiting the state from enforcing against them the $1,000 limit on donations while the state appeals. The US Court of Appeals for the Ninth Circuit [official website] upheld [decision, PDF] this injunction on October 20.

Campaign finance has become a contentious issue recently, particularly after the Citizen's United decision, which eased restrictions [JURIST report] on political and campaign spending by corporations and unions based on First Amendment grounds. Earlier this month, California's Fair Political Practices Commission (FPPC) [official website] issued a rule [JURIST report] that will require sponsors of "thinly veiled" political ads reveal their funding sources. In addition, the Disclose Act [materials], which prohibits corporations receiving federal contracts worth more than $7 million from spending money on "electioneering communications" and prohibits foreign-controlled domestic corporations from financing campaigns, was approved by the House of Representatives, but stalled in the Senate [JURIST reports] in September.




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Vatican to implement EU financial crimes legislation by end of year
Sarah Paulsworth on October 30, 2010 1:18 PM ET

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[JURIST] A spokesperson for the European Commission [official website] on Friday said that the Vatican [offical website] will implement the European Commission's laws against money laundering and financial fraud [EU materials] by the end of the year. According to Amadeu Altafaj, spokesman for EU Monetary Affairs Commissioner Olli Rehn [European Commission website], EU and Vatican officials discussed a draft law consistent with the EU rules [Bloomberg report] on October 15. Negotiations began after the Vatican bank was accused of a series of financial improprieties. In addition, the Holy See must set up an implementing body for the new legislation that will control the Vatican and the Holy See's financial institutions. Pursuant to the agreement, the Vatican must implement the new laws by December 31.

Italian law enforcement officials seized €32 million from a Vatican bank account [CBC News report] in September and allege that the Vatican violated laws by not indicating where the money in some transactions was coming from. Italian prosecutors working on that case have expressed that recent actions by the Holy See to harmonize its legislation with EU law will not affect their position [AP report] on case related to the €32 million that have been seized. In addition to dealing with allegations of financial crime, the Vatican is still addressing allegations of sexual abuse within the Catholic church. Since 2007, in the US alone the Church has settled over 500 cases [JURIST news archive] of abuse for over $900 million.




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DOJ argues isolated genetic material not patentable
Daniel Makosky on October 30, 2010 1:01 PM ET

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[JURIST] The Department of Justice (DOJ) [official website] on Friday filed an amicus curiae brief [text, PDF] in the US Court of Appeals for the Federal Circuit [official website] revising the government's stance on patenting isolated genetic material, including human genes. The position represents a significant departure from established policy, which has permitted the Patent and Trademark Office [official website] to grant patents for isolated genes. The government argues that DNA is a product of nature and thus unpatentable "because it is not the inventive work of humankind." The DOJ is urging the Federal Circuit to affirm a March ruling that invalidated [JURIST report] two such patents. Opponents to the new stance contend that isolated genes are chemicals that differ from their natural state in the body and are thus protectable, and that a decision to the contrary would inhibit research due to limited profitability. According to the government's brief, however, adopting the policy would not significantly impair biotechnology researchers as artificial modifications to DNA would still be eligible for patents. Opponents to the new stance, however, argue that isolated genes are chemicals that differ from their natural state in the body and are thus protectable.

The US District Court for the Southern District of New York's [official website] March ruling [opinion, PDF] nullified patents held on two genes linked to hereditary ovarian and breast cancer "[b]ecause the claimed isolated DNA is not markedly different from native DNA as it exists in nature." If the decision is upheld, it could invalidate patents covering nearly 2,000 human genes. The District Court's decision stands in contrast to the stance taken in the EU [Nature report], which allows such patents. Genetic research companies currently hold patents to approximately 20 percent of the human genetic code, many of which are associated with diseases such as Alzheimer's and cancer. The holder of a gene patent can prevent others from studying the gene and can also develop testing for specific genetic mutations, which they can then market without direct competition.




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UN biological diversity body sets environmental targets
Daniel Makosky on October 30, 2010 12:17 PM ET

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[JURIST] The tenth Conference of the Parties to the UN Convention on Biological Diversity (CBD) [official website] on Saturday concluded its proceedings with delegates agreeing [press release, PDF] to the Nagoya Protocol. The protocol identifies 20 goals within five categories designed to protect biodiversity, including a 50 percent reduction in the extinction rate [NYT report] by 2020. Preservation targets are also established, expanding protected land areas to 17 percent from 12.5 and raising the percentage of protected oceans from less than one to 10. Additionally, the Protocol includes provisions for sharing scientific discoveries derived from plants or animals between advanced and developing nations. The conference was attended by representatives of the 193 of parties to the CBD, with 122 cabinet ministers and five heads of state conducting the most complex negotiations. With the help of financial support from the EU, France, Norway and USD $2 billion from Japan, the Protocol is expected to become effective in 2012.

India, a party to the CBD, continued its emphasis on environmental protection last week when it introduced a new court system [JURIST report] devoted solely to environmental litigation. India has actively maintained an emphasis on environmental issues at a time of rapid growth. In June Australia, another signatory to the CBD, initiated proceedings [JURIST report] against Japan in the International Court of Justice (ICJ) [official website] for breaching its international obligations by failing to eliminate commercial whaling. Curtis Doebbler, a professor of law at the University of Nablus, has called climate change, and the associated loss of biodiversity, the greatest threat to the rights of Africans [JURIST op-ed].




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