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Legal news from Sunday, September 25, 2011




UN Security Council urges end to Yemen violence
Maureen Cosgrove on September 25, 2011 2:40 PM ET

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[JURIST] The UN Security Council [official website] on Sunday called on Yemen to end ongoing violence [press release] related to attacks on unarmed, peaceful protestors and urged the nation to comply with international law. Ambassador Nawaf Salam of Lebanon, on behalf of the 15 Security Council member nations, advised Yemen officials to proceed with "an inclusive, orderly and Yemeni-led process of political transition" that adheres to an initiative supported by the Gulf Cooperation Council [official website]. The member nations expressed their concern for the decline in economic and humanitarian stability in the country. The council also indicated that threats from al Qaeda in parts of Yemen have contributed to the country's "worsening security situation." The announcement comes in response to recent violence that has resulted in the deaths of at least 49 people [Al Jazeera report] since Yemen President Ali Abdullah Saleh [official website, in Arabic; JURIST news archive] returned from a three month absence on Friday.

A delegation from the UN Office of the High Commissioner for Human Rights (OHCHR) [official website] released a report [text, PDF] earlier this month announcing a humanitarian crisis in Yemen [press release] that requires immediate intervention [JURIST report]. Rights groups have also criticized Yemen for its handling of pro-democracy protests that have persisted since February. Amnesty International (AI) [advocacy website] released a report [text; PDF] in April urging the international community to pressure Yemeni authorities to investigate protestor deaths [JURIST report]. Just days earlier, the OHCHR urged the Yemeni government [JURIST report] to stop using force against peaceful protesters. The Yemeni Parliament enacted several emergency measures [JURIST report] in March at the request of Saleh in an effort to end anti-government protests. Saleh, who agreed to step down in April [JURIST report], and his party, the General People's Congress (GPC), had caused mounting political tensions due to attempts to remove presidential term limits [JURIST report] and expand their political power. In December, the parliament stoked outrage among opposition parties and independents when it amended the constitution [AFP report] to eliminate provisions requiring that opposition parties be represented on the high election commission. The protests in Yemen have been analyzed in two recent JURIST op-eds: Constitutional Enforcement in Tunisia, Yemen, and Egypt by L. Ali Khan, Professor of Law at Washburn University, and The Middle East protest movements: each with a story, all with uncertainty by Dr. Jonathan Schanzer, Vice President of Research, Foundation for Defense of Democracies [advocacy website].




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Libya leaders meet to discuss formation of interim government
Ashley Hileman on September 25, 2011 12:04 PM ET

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[JURIST] Libyan leaders, including National Transitional Council (NTC) [official website] Chairman Mustafa Abdel Jalil [BBC profile], met Sunday to begin a discussion regarding the formation of the country's interim government. During the meeting, which is set to last three days, the leaders are expected to work out the details of the new government [CNN report] and the positions therein, which will include a premier, vice premier and 22 ministers. Meanwhile, the NTC's troops continue to scour the country looking for ex-colonel Muammar Gaddafi [BBC profile; JURIST news archive], who has publicly announced his refusal to surrender. Leaders of the international community who helped oust Gaddafi have pledged economic and military support [Bloomberg report] to the new Libyan administration.

Libyan leaders continue to make progress within the international community. Last week, the new ruling regime vowed to investigate allegations of human rights abuses after the World Bank [official website] recognized the NTC [JURIST report] as the official government of Libya. The NTC was responding to an Amnesty International (AI) [advocacy website] report alleging that both sides [JURIST report] of the Libya conflict [JURIST backgrounder] are responsible for human rights abuses, and warning the NTC to act quickly to investigate these allegations. The World Bank said it would engage the NTC as the official Libya government [press release] and is helping to rebuild the economy and infrastructure of the nation. Additionally, during a meeting earlier this month chaired by French President Nicholas Sarkozy [BBC profile], the NTC assured world leaders [JURIST report] that Libya will be a society of tolerance and respect for the rule of law.




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House passes bill requiring analysis of proposed EPA regulations
Ashley Hileman on September 25, 2011 11:26 AM ET

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[JURIST] The US House of Representatives [official website] on Friday voted 249-169 [roll call vote] to pass a bill [HR 2401 materials] that would effectively block a number of broad regulations aimed at reducing emissions. The Transparency in Regulatory Analysis of Impacts on the Nation Act 2011 [text, PDF] would require the formation of a committee, chaired by the Secretary of Commerce, to perform "analyses of the cumulative and incremental impacts of certain rules and actions" of the Environmental Protection Agency (EPA) [official website]. In requiring the committee to analyze the impact on the economy of decisions made by the EPA, the Act would delay the implementation [Washington Post report] of many EPA regulations, including one which attempts to limit the discharge of certain toxins into the air and another which would limit the emissions of power plants in states that have been found to cause significant pollution in their neighboring states. To become law, the legislation still needs to pass in the Senate and receive approval from US President Barak Obama.

The possible effects to the economy of environmental regulations has made their passage and implementation difficult as of late. Earlier this month, Obama requested the withdrawal of national smog standards [JURIST report] proposed by the EPA. The draft Ozone National Ambient Air Quality Standards [materials] would have reduced the amount of smog emissions to between 0.060 and 0.070 parts per million (ppm) from the previous 0.075 ppm. The EPA estimates that these changes would help reduce the effects of climate change and improve public health, saving the US between $13 billion and $100 billion in health care costs. The stricter smog standards, proposed by the EPA in January 2010 [JURIST report], would have replaced the Bush administration's broader 2008 national smog regulations [text], complying with scientific recommendations. In his statement, Obama recognized recent efforts to improve environmental protection, but emphasized the need to trim down regulations in light of the economic downturn.




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Former Pennsylvania judge sentenced to 17 1/2 years in federal prison
Maureen Cosgrove on September 25, 2011 10:25 AM ET

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[JURIST] Former Pennsylvania Judge Michael Conahan, 59, was sentenced on Friday to 17 and a half years in federal prison for his involvement in a juvenile sentencing scandal [JURIST news archive]. Conahan appeared in a federal courtroom [WSJ report] at the US District Court for the Middle District of Pennsylvania [official website] and apologized to the legal community, the public and the youths incarcerated throughout the "kids for cash" scandal, during which Conahan sent juveniles to for-profit jails in exchange for money. Conahan, the former president judge of the Luzerne County Court of Common Pleas [official website], pleaded guilty to racketeering and conspiracy charges [Citizens Voice report] for accepting more than $2.6 million in return for sentencing teenagers to two private juvenile detention facilities. A district court judge accepted a plea agreement [text, PDF] in July 2010.

Mark Ciavarella, also a former Pennsylvania judge implicated in the juvenile sentencing scandal, was sentenced to 28 years in prison [JURIST report] in August. A jury in the US District Court for the Middle District of Pennsylvania reached a split decision [JURIST report] in Ciavarella's April corruption trial, convicting him of 12 counts, including racketeering, money laundering and conspiracy, and acquitting him of 27 counts, including extortion. Judge Edwin Kosik had previously rejected [JURIST report] joint plea agreements [text, PDF] from Conahan and Ciavarella, finding that plea bargaining to honest services fraud and tax evasion charges demonstrated that the men did not accept responsibility and that the disbarment and 87-month prison sentences were too lenient [JURIST op-ed]. Conahan and Ciavarella were indicted in September 2009, following a withdrawal of the guilty pleas they entered [JURIST reports] in February 2009.




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