JURIST Supported by the University of Pittsburgh
PAPER CHASE ARCHIVEDigest RSS feedFull RSS feed
Serious law. Primary sources. Global perspective.
Listen to Paper Chase!


Legal news from Thursday, January 5, 2012




Egypt prosecutors seek death penalty for Mubarak
Matthew Pomy on January 5, 2012 3:31 PM ET

Photo source or description
[JURIST] Egyptian prosecutors announced Thursday they will be seeking the death penalty for former president Hosni Mubarak [Al Jazeera profile], former interior minister Habib El Adly and four of his aides accused of ordering the killing of anti-government protesters [JURIST news archive] last year. This announcement came on the last day to make statements to the court panel [Tripoli Post report]. The defendants will present their case Monday with a decision expected by January 25. While the prosecution claims to have a strong case, Mubarak and others continue to maintain their innocence.

The trial for ex-president Mubarak has been tumultuous. It was adjourned for all of November and reopened in December [JURIST reports]. In September, violence broke out [JURIST report] in the courtroom when plaintiffs and their lawyers clashed with Mubarak supporters. In August, presiding Judge Ahmed Rifaat decided to end live TV broadcasts [JURIST reports] of subsequent proceedings amid protests from the families of victims and praise from several courtroom lawyers who opposed the broadcasts. Amnesty International (AI) [advocacy website] reported that at least 840 people were killed [JURIST report] and more than 6,000 injured during the Egyptian protests.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Obama signs new sanctions against Belarus into law
Jerry Votava on January 5, 2012 2:24 PM ET

Photo source or description
[JURIST] US President Barack Obama [official website] on Tuesday signed the Belarus Human Rights and Democracy Act of 2011 [text, PDF], which will impose new sanctions on Belarus. The law labels President Alexander Lukashenko [BBC profile; JURIST news archive] a dictator and states that he "established himself in power by orchestrating an illegal and unconstitutional referendum that enabled him to impose a new constitution, abolishing the duly elected parliament." The new sanctions require the US to investigate Belarus' arms deals and its possible censorship of the Internet, as well as denying visas to a list of Belarusian officials. The bill also calls on the International Ice Hockey Federation [official website] to change the location of the 2014 International World Ice Hockey Championship, currently scheduled in Minsk, which the US believes will "legitimize" the Belarusian government. The legislation was passed by Congress [JURIST report] in late December.

Belarus has been under increasing criticism for what many see as a rapid decline of human rights in the Eastern European nation. In November a Belarus court convicted [JURIST report] human rights activist Ales Bialiatski, the president of Viasana and vice-president of the International Federation for Human Rights (FIDH) [advocacy websites], of tax evasion, sentencing him to a four-and-a-half-year prison term amid international criticism. In September UN High Commissioner for Human Rights Navi Pillay [official profile] suggested a need for UN intervention in Belarus [JURIST report] and demanded the nation free non-violent political prisoners. Her report also cited Belarus as the only European nation to still enforce the death penalty. Ambassador Mikhail Khvostov said his country disagrees with the UN on what constitutes a peaceful demonstration and that Belarus is committed to human rights.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Federal judge grants ACLU motion to dismiss Arizona medical marijuana challenge
Matthew Pomy on January 5, 2012 1:25 PM ET

Photo source or description
[JURIST] A judge for the US District Court for the District of Arizona [official website] on Wednesday granted an American Civil Liberties Union (ACLU) [advocacy website] motion to dismiss a lawsuit [order, PDF] challenging Arizona's voter approved medical marijuana law, the Arizona Medical Marijuana Act [text, PDF]. The challenge [text], filed by Governor Jan Brewer, argued the law makes state officials vulnerable to federal prosecution for implementing the law. The court ruled, however, that there was no legitimate threat of prosecution for officials who simply enforce the law and dismissed the complaint based on a motion filed by the ACLU, the US Justice Department and other individuals for lack of ripeness.

The act was challenged by Gov. Brewer in May after being passed as Proposition 203 [JURIST reports] in November 2010. The act legalizes the possession of up to two-and-a-half ounces of medical marijuana and up to 12 cannabis plants. The medical marijuana is only allowed for individuals with any of a set list of medical conditions including cancer, amyotrophic lateral sclerosis and AIDS who have gotten a recommendation from their physician and have registered with the Arizona Department of Health Services. Arizona is the fifteenth state to legalize medical marijuana.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Israel ex-PM indicted on bribery charges
Dan Taglioli on January 5, 2012 12:15 PM ET

Photo source or description
[JURIST] Former Israeli prime minister Ehud Olmert was indicted Thursday on bribery charges over the construction of a luxury apartment complex called the Holyland towers. As Jerusalem's mayor from 1993 to 2003, Olmert, along with other city officials, allegedly accepted millions of dollars in bribes [Reuters report] to assure the approval of plans for Holyland, which dominates a Jerusalem hilltop and has attracted unrelenting criticism for its architecture. Specifically the 83-page indictment states that the project's developers, who also have been charged in the case, received zoning and tax breaks in return for the bribes. Olmert, already on trial over corruption accusations, has denied the latest charges. He has already pleaded not guilty in separate proceedings over allegations he took cash for favors and double-billed charities for airfare to attend overseas fundraisers while serving as a cabinet minister and mayor before he became prime minister in 2006. Olmert resigned as Israel's leader in September 2008, saying he wanted to clear his name, staying on as caretaker prime minister until March 2009 when Benjamin Netanyahu was sworn in. Olmert was officially named as a suspect [JURIST report] in the investigation in April 2010.

Olmert has been embroiled in accusations of scandal for much of his political career. He is already facing trial [JURIST report], the first of a former or current Israeli prime minister, for corruption and fraud charges that led to his resignation as prime minister. He is accused of illegally accepting cash contributions from an American businessman, double billing [JURIST reports] travel expenses to the state and charitable donors, and giving his former law partner access to state information. In April 2007, Olmert was investigated for improperly favoring his supporters [JURIST report] in distributing business grants during his time as trade minister. In January 2007, the Israeli Ministry of Justice announced plans to launch an investigation [JURIST report] into allegations that he promoted the interests of two business associates during the 2005 state sale of Bank Leumi [corporate website].




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Fifth Circuit hears arguments over Texas abortion law
Dan Taglioli on January 5, 2012 11:24 AM ET

Photo source or description
[JURIST] The US Court of Appeals for the Fifth Circuit [official website] Wednesday heard arguments in an appeal by the state of Texas to lift a lower court's preliminary injunction [order, PDF] against a state abortion law [HB 15 text] that requires doctors to show sonograms to patients before performing the procedure. The three-judge panel did not immediately rule on the state's request to lift the injunction, which Texas Solicitor General Jonathan Mitchell argued should be vacated as an abuse of discretion by the lower federal court. Center for Reproductive Rights (CRR) [advocacy website] attorney Julie Rikelman told the Fifth Circuit panel that the law exceeds the state's authority to regulate the medical profession in that the information in question is not medically necessary for the procedure. CRR had filed a challenge to the newly signed Texas law on behalf of a class of physicians that perform abortions, and in August US District Judge Sam Sparks ruled [JURIST reports] that several provisions of the state law violated the free-speech rights of abortion-performing doctors. The lower court enjoined the provisions of the law requiring physicians to provide, and women to hear, descriptions of the sonogram and fetal heartbeat, holding such provisions violated the First Amendment [Cornell LII backgrounder], and severed three sections of the law held to be unconstitutionally vague. Rikelman noted that other courts have temporarily blocked similar laws in Oklahoma and North Carolina after her group sued, and several other states have enacted less intrusive sonogram laws that make it optional for doctors to provide descriptions to patients. Mitchell argued that the injunction should be lifted on the grounds that the state's interest in protecting fetal life through reasonable regulation trumps free-speech claims. The state wants the entire suit dismissed without trial.

Texas is only one of many states that have recently enacted, and subsequently had to defend, laws restricting abortions. With courts analyzing these cases differently, the outcomes have varied. Regarding another case dealing with the intersection of state abortion laws and free speech rights, last month Scott Gaylord of Elon University School of Law wrote [JURIST op-ed] that a district court applied an outdated government speech test a month earlier when it issued an injunction [JURIST report] preventing North Carolina from allowing drivers to select "Choose Life" license plates. The court in that case ruled that "by authorizing the 'Choose Life' plate without also offering a pro-choice alternative, the State has engaged in impermissible viewpoint discrimination in violation of the First Amendment." In August the Arizona Court of Appeals [official website] ended a two-year injunction [JURIST report] on portions of a law that restricted abortion practices. The original injunction by the Maricopa County Superior Court [official website] held the following provisions as "undue burdens" on a woman's right to an abortion: prohibitions on anyone but a licensed physician performing an abortion; a requirement that women meet with the doctor personally 24 hours before an abortion (the injunction held that a phone call would suffice); that medical professionals have a right to refuse to perform even medically necessary abortions, provide certain contraceptives or the "morning after" pill; and a mandate that parents' consent forms allowing their child to get an abortion be notarized. The appeals court reinstated all of these stipulations, suggesting that the lower judge had applied "strict scrutiny" in error rather than an "undue burden" test. Planned Parenthood of Arizona [advocacy website], a party to the original suit, said the law's enactment will have a severe impact on women in the state, many of whom have to take day-trips to have abortions.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page


Washington governor to introduce same-sex marriage legislation
Jerry Votava on January 5, 2012 10:20 AM ET

Photo source or description
[JURIST] Washington state Governor Chris Gregoire [official website] announced [press release] Wednesday that she plans to introduce legislation that would not deny marriage licenses to couples based on their sexual orientation and would permit same-sex marriages [JURIST news archive] to be performed in Washington. If the legislation is passed, Washington would be the seventh state in the nation to legalize gay marriage, including Massachusetts, Connecticut, Iowa, Vermont, New Hampshire, New York and Washington, DC [JURIST reports]. Gregoire spoke [transcript] about the many reasons that she is advancing this legislation:
For all couples, a marriage license is very important. It gives them the right to enter into a marriage contract in which their legal interests, and those of their children if any, are protected by well-established law. ... Our gay and lesbian families face the same hurdles as heterosexual families—making ends meet, finding time for career and family, raising their children and saving for college.
Gregoire also equated comments that domestic partnerships being the same as marriage to the "separate but equal" discrimination arguments made in previous civil rights eras.

Gregoire has been a consistent advocate for gay rights [JURIST news archive] during her tenure as governor. In April she signed a bill [JURIST report] that recognized as legal same-sex marriage licenses from other states. In March 2007 Gregoire signed legislation [JURIST report] that recognized domestic partnership status for same-sex couples. Same-sex marriage remains a contentious issue even after the passage of similar laws in other states. The new same-sex marriage law in New York is currently being challenged [JURIST reports] in that state's court system.




Link | | subscribe | RSS feeds | latest newscast | archive | Facebook page

For more legal news check the Paper Chase Archive...


LATEST OP-ED

In Alabama, "Back Door" Restrictions on Abortion and Roe
DOMESTIC
LaJuana Davis
Cumberland School of Law

Get JURIST legal news delivered daily to your e-mail!

SYNDICATION

Add Paper Chase legal news to your RSS reader or personalized portal:
  • Add to Google
  • Add to My Yahoo!
  • Subscribe with Bloglines
  • Add to My AOL

E-MAIL

Subscribe to Paper Chase by e-mail. JURIST offers a free once-a-day digest [sample]. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.


R|mail e-mails individual Paper Chase posts through the day. Enter your e-mail address below. After subscribing and being returned to this page, please check your e-mail for a confirmation message.

PUBLICATION

Join top US law schools, federal appeals courts, law firms and legal organizations by publishing Paper Chase legal news on your public website or intranet.

JURIST offers a news ticker and preformatted headline boxes updated in real time. Get the code.

Feedroll provides free Paper Chase news boxes with headlines or digests precisely tailored to your website's look and feel, with content updated every 15 minutes. Customize and get the code.

ABOUT

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org