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Legal news from Thursday, June 16, 2011
by Julia Zebley

The governments of Mexico and several other countries, along with the Anti-Defamation League filed amicus briefs on Thursday in support of the American Civil Liberties Union (ACLU) class action lawsuit against Georgia's new immigration law. Argentina, Brazil, Chile, Colombia, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua and Peru all filed …

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by Zach Zagger

The US Department of Justice (DOJ) filed a notice of appeal Thursday in the US Court of Appeals for the Fourth Circuit to challenge a decision to strike down a federal law that bans corporations from making direct campaign contributions to candidates. The appeal is challenging a decision last month by Judge James …

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by Julia Zebley

The US Supreme Court on Thursday unanimously reversed the lower court in Smith v. Bayer Corp., allowing a class action lawsuit against the company to proceed. The Court held that under the re-litigation exception of the Anti-Injunction Act [28 USC § 2283], a district court exceeded its authority when it …

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by Maureen Cosgrove

The Ivory Coast on Wednesday announced it would establish a commission to investigate alleged crimes committed as a result of the disputed presidential elections last November. Ivory Coast President Alassane Ouattara vowed to probe human rights violations and violence that has riddled the nation since the election, after which Ouattara was eventually declared the winner. …

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by Zach Zagger

The US Supreme Court Thursday ruled in Bond v. United States that a private individual can challenge whether a federal criminal law passed to implement an international treaty is valid under the Tenth Amendment. Carol Anne Bond was charged with burning her husband's mistress using …

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by Maureen Cosgrove

Alabama Governor Robert Bentley on Wednesday signed into law a bill that bans abortions after 20 weeks of pregnancy. The bill contains no exceptions for cases of rape or incest, but permits an abortion if necessary to prevent the death of or serious risk of injury to the …

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by Julia Zebley

The US Supreme Court on Thursday ruled 7-2 in Davis v. United States that when the law for what constitutes a legal search changes between a search and an accompanying trial, the evidence is not excluded. Justice Samuel Alito's opinion states that because suppression of the evidence would do nothing …

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by Julia Zebley

The New Hampshire Supreme Court ruled in an advisory opinion on Wednesday that the legislature cannot force Attorney General Michael Delaney to join a lawsuit contesting the Patient Protection and Affordable Care Act (PPACA). The New Hampshire Senate asked for the opinion in reaction to HB 89 …

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by Maureen Cosgrove

The US Supreme Court on Thursday ruled 5-4 in JDB v. North Carolina that a court should consider a juvenile's age when determining whether the individual is in custody for purposes of the Miranda warning as set forth in Miranda v. Arizona. JDB, a middle-school …

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by Zach Zagger

The US Supreme Court Thursday ruled in Tapia v. United States that a federal sentencing law does not permit sentencing judges to impose or lengthen prison terms for the purpose of fostering the defendant's rehabilitation. Alejandra Tapia was convicted of smuggling unauthorized aliens into the US, for which the …

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by Maureen Cosgrove

Indonesian cleric Abu Bakar Bashir was sentenced Thursday to 15 years in prison for his involvement with a terrorist training camp in the Indonesian province of Aceh to prepare Islamic radicals to carry out attacks in Jakarta. Prosecutors said Bashir provided more than $62,000 to the group, which was allegedly planning attacks modeled after …

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by Julia Zebley

US President Barack Obama released a report to Congress late on Wednesday, justifying the continued air strikes on Libya despite presumptive violation of the 1973 War Powers Resolution [50 USC § 1541 et seq.]. The report, "United States Activities in Libya," was released in response to recent criticisms of American intervention in Libya, including: a resolution …

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by Maureen Cosgrove

Ten Wisconsin unions on Wednesday filed a lawsuit in federal court challenging the state's new collective bargaining law. The lawsuit, which was filed in the US District Court for the Western District of Wisconsin, alleges that the Budget Repair Bill violates the First and Fourteenth Amendments. According to the …

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by Zach Zagger

The New York State Assembly passed a bill to legalize same-sex marriage Wednesday, but the fate of the bill is uncertain as it moves to the State Senate. The Assembly passed the Marriage Equality Act, drafted by Governor Andrew Cuomo (D), Wednesday evening 80-63, sending …

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