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Legal news from Tuesday, April 19, 2011 |
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UN rights expert urges Algeria to guarantee freedom of expression
John Paul Putney on April 19, 2011 2:54 PM ET

[JURIST] UN Special Rapporteur on the right to freedom of opinion and expression Frank LaRue on Tuesday called on Algeria [press release] to "guarantee the right to freedom of opinion and expression" including decriminalizing defamation. LaRue noted that, despite significant progress since the 1990s, which saw more than100 journalists killed, a number of challenges remain. LaRue highlighted that the television and radio sectors remain under government control and do not provide unbiased coverage. He also cautioned that the restrictive legal framework continues to impair important rights including peaceful assembly. LaRue urged continued political reform:The logic of the past can no longer be used to ignore the expectations of the youth and to limit their freedoms. People from all walks of life, in particular the youth, are now demanding their rights, including the right to freedom of expression, right to freedom of assembly, and basic economic, social and cultural rights, such as job opportunities. The Government should listen to such voices. LaRue did praise government efforts to provide Internet access to eight million through libraries and public centers.
Last week, Algerian President Abdelaziz Bouteflika [official profile, in French] declared an initiative for sweeping constitutional and political reforms [JURIST report] in order to increase the role of democracy in the African nation. In February, the Algerian Council of Ministers approved a draft ordinance repealing the country's 19-year state of emergency, delivering on a promise made the week before [JURIST reports] by Algerian Foreign Minister Mourad Medelci. The state of emergency gave the government power to limit political freedoms and even peaceful protests. Opponents also claimed that the state of emergency gave rise to arbitrary detentions. Algeria had been under a state of emergency since 1992 when the military canceled elections fearing a win by religious fundamentalists. The state of emergency was declared [DOS backgrounder] after it became apparent that the militant Islamic Salvation Front (FIS) would win control of the government. Bouteflika came to power, winning the presidency in 1999 with 70 percent of the official vote and appearing to have the backing of the military.


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Supreme Court hears arguments in global warming case
Jaclyn Belczyk on April 19, 2011 12:41 PM ET

[JURIST] The US Supreme Court [official website, JURIST news archive] heard oral arguments [day call, PDF; merit briefs] Tuesday in American Electric Power Co. v. Connecticut [oral arguments transcript, PDF; JURIST report] regarding whether electric utilities contributed to global warming [JURIST news archive]. The court is being asked to decide (1) whether states and private parties have standing to seek judicially-fashioned emissions caps on five utilities for their alleged contribution to harms claimed to arise from global climate change caused by more than a century of emissions by billions of independent sources; (2) whether a cause of action to cap carbon dioxide emissions can be implied under federal common law where no statute creates such a cause of action, and the Clean Air Act speaks directly to the same subject matter and assigns federal responsibility for regulating such emissions to the Environmental Protection Agency; and (3) whether claims seeking to cap defendants' carbon dioxide emissions at "reasonable" levels, based on a court's weighing of the potential risks of climate change against the socioeconomic utility of defendants' conduct, would be governed by "judicially discoverable and manageable standards" or could be resolved without "initial policy determination[s] of a kind clearly for nonjudicial discretion." The US Court of Appeals for the Second Circuit ruled in 2009 that states can sue power companies for emitting carbon dioxide, reversing a district court decision [JURIST reports] that found the plaintiffs' claim was a non-justiciable political question. The lawsuit was brought by eight statesCalifornia, Connecticut, Iowa, New Jersey, New York, Rhode Island, Vermont and Wisconsinas well as New York City and three land trusts, against coal-burning utilities American Electric Power, Southern Company, Xcel Energy, Cinergy Corporation [corporate websites] and the Tennessee Valley Authority [official website]. At oral argument Tuesday, the justices appeared skeptical of the states' arguments, implying that the Environmental Protection Agency would be better equipped to deal with emissions standards than federal courts. The Obama administration has sided with the power companies.


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Syria lawmakers approve bill to end 48-year state of emergency
Sarah Posner on April 19, 2011 12:19 PM ET

[JURIST] The Syrian legislature on Tuesday passed a bill that, if signed by President Bashar al-Assad [Al Jazeera profile], will end the country's 48-year-old state of emergency. Prime Minister Dr. Adel Safar chaired the legislative session, which voted to end the emergency law [SANA report] that has been in place since 1963. The government also abolished the Supreme State Security Court, which was established in 1968 to try political prisoners and had faced criticism [HRW report] from human rights groups. Additionally, the government passed a bill protecting the right to peaceful protests under the Syrian Constitution [text], but also requiring demonstrators to receive government permission before protesting in public. Safar emphasized the need to improve communications between the Syrian government and its citizens, and the country's recent legislative actions may reflect the government's aim to promote democracy and protect citizens' rights. Pro-democracy demonstrators flocked the streets [Reuters report] in the city of Banias following the government's decision to lift of the state of emergency. Thousands of Syrians have held demonstrations across the country calling for political reform, following similar movements across the Arab world.
Last month, al-Assad ordered the formation of a committee [JURIST report] that evaluated possible elimination of the country's 48-year-old state of emergency law. The panel was composed of legal experts and charged with examining potential legislative measures that would simultaneously preserve national security and allow the revocation of the law, which permitted arrest without charge and banned political protests. The announcement may have been an effort to appease demonstrators, whose activity had recently increased, while also conveying that any future reforms would proceed at a gradual pace. In March, al-Assad announced that the government would consider ending the state of emergency [JURIST report]. Also in March, UN High Commissioner for Human Rights Navi Pillay [official profile] urged the Syrian government [JURIST report] to ensure protesters' rights to peaceful expression and to work toward addressing their concerns instead of responding with violence.


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Apple sues Samsung for patent infringement
Aman Kakar on April 19, 2011 8:36 AM ET

[JURIST] Apple [corporate website] filed suit Friday claiming that the Samsung [corporate website] "Galaxy" line of products copies its iPhone and iPad technology. The complaint, filed in the US District Court for the Northern District of California [official website], includes 10 patent infringement charges, two trademark violations, two trade dress violations and accusations of unjust enrichment and unfair business practices. The complaint describes various physical and software features that are trademarked to Apple and are copied by Samsung, including the slim profile of the phones and the application icons. Samsung representatives have vowed to defend against the suit [Reuters report] and protect their intellectual property. Apple is seeking actual and punitive damages and an injunction to stop Samsung's alleged intellectual property violations.
Apple has also been embroiled in litigation with Nokia marked by trading accusations of patent infringement. Last month, Nokia filed actions against Apple [JURIST report] in the ITC and a court in Delaware accusing Apple of violating seven patents. In December, the litigation spread to Germany, the UK and the Netherlands where Nokia filed 13 patent infringement complaints [JURIST report] against Apple. Last May, Nokia filed a complaint [JURIST report] in the US District Court in the Western District for Wisconsin [official website] alleging that Apple iPad and iPhone 3G products infringe additional Nokia patents. Apple counter-sued last December, claiming Nokia had stolen 13 patents from the company.


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