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Legal news from Friday, May 6, 2011




Florida legislature approves election law revisions
Daniel Makosky on May 6, 2011 5:06 PM ET

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[JURIST] The Florida House of Representatives [official website] on Thursday voted 77-38 to pass controversial legislation [HB 1355 materials] revising the state's election laws, only hours after the Senate [official website] did so by a 25-13 margin. The bill limits the window for early voting to one week prior to an election, down from the previously established two weeks, and imposes a series of additional regulations on organizations that enlist new voters, including that they register with the state, submit periodic reports and file voter registration materials within 48 hours of completion. It also requires voters that have moved between any of the state's counties to use provisional ballots if they wish to update their information while at a polling location. Opponents to the legislation charge that its design is politically motivated [AP report] to disproportionately affect Democratic constituencies, though its supporters argue that the measures are intended only to reduce election-related expenses and voter fraud. The bill will proceed to Governor Rick Scott [official website] for his signature or veto.

Earlier this month, the Georgia Supreme Court [official website] upheld [JURIST report] the state's 2006 Photo ID Act that requires voters to present one of six government-issued photo identifications in order to vote. The court ruled that the law "does not deprive any Georgia voter from casting a ballot in any election," and that presenting valid identification does not represent an unconstitutional impediment to voting. In contrast, the US Court of Appeals for the Ninth Circuit [official website] struck down [JURIST report] a portion of an Arizona law requiring proof of citizenship for voter registration in October. The court held that the law was inconsistent with the National Voter Registration Act of 1993 (NVRA) [materials], which was passed with the intent of increasing voter registration and removing barriers to registration imposed by the states. The NVRA requires voters to attest to the validity of the information on their registration forms, including their citizenship, but does not require them to provide additional proof of citizenship. The law exceeded the federal statute, requiring applicants to show proof before registering to vote.




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California Supreme Court permits tobacco suits for subsequent medical conditions
Daniel Makosky on May 6, 2011 3:36 PM ET

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[JURIST] The Supreme Court of California [official website] on Thursday ruled [opinion, PDF] unanimously to allow claims against tobacco companies for smoking-related ailments that arise after the statute of limitations for an earlier condition has elapsed. Though state law requires that parties file suit within two years of discovering an injury, the decision will allow smokers to proceed with claims based on medical conditions originating after a previous diagnosis so long as the injuries are "separate and distinct." Focusing on medical similarities over causation, Justice Joyce Kennard stated:

We hold that two physical injuries - both caused by the same tobacco use over the same period of time - can, in some circumstances, be considered "qualitatively different" for purposes of determining when the applicable statute of limitations period begins to run. Specifically, when a later-discovered disease is separate and distinct from an earlier-discovered disease, the earlier disease does not trigger the statute of limitations for a lawsuit based on the later disease.
The ruling allows many pending suits to continue, and is expected to generate an influx of new litigation.

Tobacco companies are currently involved in numerous lawsuits. The Illinois Court of Appeals for the Fifth District in February unanimously decided [JURIST report] to reopen a $10.1 billion class action against Philip Morris [corporate website] for allegedly misleading consumers into thinking that "light" cigarettes were safer and contained less tar. The ruling came in light of a favorable 2008 US Supreme Court decision [opinion, PDF] that state consumer protection laws can be used to hold cigarette companies liable for the marketing of "light" cigarettes. In December, Philip Morris and RJ Reynolds [corporate website], along with an industry trade group, filed an appeal [JURIST report] with the US Supreme Court to overturn a $271.5 million class action settlement for having "distort[ed] the entire body of public knowledge about the addictive effects of nicotine." The settlement was awarded [opinion, text] by the Louisiana Court of Appeals for the Fourth Circuit [official website] in order to establish a fund meant to help Louisianans quit smoking.




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Brazil supreme court recognizes same-sex civil unions
Julia Zebley on May 6, 2011 1:50 PM ET

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[JURIST] The Supreme Federal Court of Brazil [official website, in Portugese] unanimously recognized legal rights [press release, in Portugese] for partners in same-sex civil unions [JURIST news archive] on Thursday. Through the ruling, gay couples in "stable relationships" now have rights to community property, alimony, health insurance and tax benefits, adoption, and inheritance rights. The court disregarded a portion of the civil code, instead deferring to Article 3, Clause IV of the Federal Constitution [full text, in Portugese], which provides that the state should "promote the good of everyone, without distinction of origin, race, sex, color, age and other forms of discrimination." The court upheld the distinction between civil unions and marriage. Lawmaker Jean Wyllys [official website, in Portugese] plans to introduce a constitutional amendment to legalize same-sex marriage [Correio Braziliense report, in Portugese] as soon as he obtains the necessary number of signatures. Brazil becomes the largest country to legalize unions for same-sex couples, and the third South American nation, after Uruguay and Argentina [JURIST report].

Foreign and domestic courts and legislators are increasingly addressing the issue of gay marriage. Last month, Hungary added a prohibition against gay marriage [JURIST report] to its Constitution. France upheld a same-sex marriage ban [JURIST report] in January. In the US, judges in Wisconsin, California and Texas [JURIST reports] confronted the issue last year. Governments in Mexico, Kenya, Portugal and Germany [JURIST reports] are also addressing the issue.




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UN special rapporteurs on executions want full statement of facts on Bin Laden killing
Julia Zebley on May 6, 2011 1:35 PM ET

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[JURIST] Human rights experts from the UN Commission for Human Rights [official website] on Friday called on the US to disclose further details [press release] on the killing of al Qaeda [JURIST news archive] leader Osama Bin Laden [WP obituary; JURIST news archive]. Special Rapporteurs Christof Heyns and Martin Scheinin [official websites] are seeking more information in order "to allow an assessment in terms of international human rights law standards. For instance it will be particularly important to know if the planning of the mission allowed an effort to capture Bin Laden." The request comes a day after UN High Commissioner for Human Rights Navi Pillay [official website] also insisted on "a full disclosure of the accurate facts" surrounding the killing of Bin Laden [JURIST report]. The White House has altered the official account [press briefing] of the killing since US President Barack Obama [official profile] first announced [statement] that a small team of US military personnel attacked a compound in which Bin Laden had been hiding, killing Bin Laden [JURIST report] and taking possession of his body. The Obama administration now maintains that Bin Laden was unarmed when killed, despite earlier statements that he had fired on US forces.

As founder and leader of al Qaeda, Bin Laden represents the highest profile terror target captured or killed by the US. US Attorney General Eric Holder [official website] said Wednesday that the killing of Bin Laden by US forces on Sunday was lawful and justified [JURIST report]. Testifying before the US Senate Judiciary Committee [official website], Holder said that the shooting of Bin Laden was "consistent with our values," and that the soldiers who killed him "conducted themselves totally appropriately." In April, Holder announced that the priorities of the Department of Justice (DOJ) [official website] will include protecting Americans from terrorism [JURIST report] at home and abroad, fighting violent crime, combating financial fraud and protecting the most vulnerable members of society.




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