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 Monday, May 21, 2012




Virginia governor signs voter ID bill
Rebecca DiLeonardo on May 21, 2012 2:58 PM ET

Photo source or description
[JURIST] Virginia Governor Bob McDonnell [official website] on Friday signed [press release] Virginia's new voter ID legislation [materials] which will require voters to show one form of acceptable identification in order to cast a vote. In addition to signing the bill, the governor issued an executive order [text, PDF] directing the state Board of Elections to send new voter ID cards to all Virginia voters. In a statement, the governor said he believed the new law would help to prevent election fraud and inequality:
Every qualified citizen has the right to cast one vote. Not two votes; not zero votes. It is our duty as a democracy to ensure that is always the case. ... This legislation does two things. It increases the forms of identification that can be used for purpose of voting, while helping to further prevent voter fraud and ensuring Virginians that they can have faith that votes have not been fraudulently cast. ... The additional steps my administration will take to implement this legislation will ensure that no voter is overly burdened by the provisions included in this legislation
The legislation lists a number of acceptable forms of identification, including pay checks and bank statements with the voter's name on them. Photo identification is not required. The law is scheduled to go into effect on July 1.

There are now 32 US states [NCSL backgrounder] that require voters to present some form of ID at the polls, but the issue remains controversial. Last month, Pennsylvania Governor Tom Corbett signed a bill requiring voters to present photo identification [JURIST report] in the upcoming November election. Also in March, a Wisconsin judge ruled unconstitutional [JURIST report] the state's voter ID law requiring a voter to display photo ID when entering a polling place to vote. In February, South Carolina Attorney General Alan Wilson filed suit against the US Department of Justice (DOJ) over its ruling that barred South Carolina [JURIST reports] from enforcing its voter ID law. In November, Mississippi voters approved a ballot measure [JURIST report] to implement a voter ID law.




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


Argentina capital recognizes same-sex marriage for tourists
Rebecca DiLeonardo on May 21, 2012 2:00 PM ET

Photo source or description
[JURIST] The city of Buenos Aires passed a resolution [press release, in Spanish] Friday that will recognize same-sex marriages [JURIST backgrounder] for non-citizens, making it the fourth district in Argentina to legalize such marriages. The new law allows tourists and other foreigners to exercise the same marriage rights afforded to citizens of Argentina. In a statement [text], the Federacion Argentina de Lesbianas, Gays, Bisexuales, y Trans (FALGBT) [advocacy website, in Spanish] said it was an important step for human rights around the world:
[FALGBT] hails the decision of the municipality of Buenos Aires to eliminate the administrative obstacles that prevented the marriage between two foreigners, a right guaranteed in Article 20 of the Constitution. ... These advances arise as a result of FALGBT's "Marriage Equality in Argentina for Every Couple in the World" campaign, through which we aim to extend the benefits of the Argentine marriage equality law to the entire planet, giving a boost to the campaigns for equality in other countries. It is in accordance with, in any case, the rights guaranteed by the Constitution of Argentina and international human rights treaties incorporated after the constitutional reform of 1994.
The new law requires foreign couples to show their passports and give their approximate length of stay in the country to exercise the marriage rights. Same-sex marriage was legally recognized [JURIST report] in Argentina for citizens in 2010.

Governments across the globe have struggled to define rights for same-sex couples. Last week, the Israeli Knesset [official website] rejected a bill [JURIST report] that would have legalized civil marriages in the country. Earlier that week Rhode Island Governor Lincoln Chafee signed an executive order [JURIST report] requiring government agencies to recognize same-sex marriages performed out-of-state. Earlier this month, voters in North Carolina passed a constitutional amendment to ban same-sex marriage [JURIST report]. In March, Israel's Ramat Gan Family Court ruled that a lesbian couple can both be recognized as mothers of a child they had together, finding that it would defy logic and common sense to deny parental rights to both women.




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


Alabama governor signs revised immigration bill
Jaclyn Belczyk on May 21, 2012 1:32 PM ET

Photo source or description
[JURIST] Alabama Governor Robert Bentley [official website] on Friday signed [press release] a bill [HB 658 text] designed to "simplify and clarify" the state's tough immigration law [HB 56, PDF]. The move came one day after Bentley called a special legislative session [JURIST report] to discuss changes to the bill. The new legislation clarifies what types of documents can be used as identification and eases measures against subcontractors who hire illegal immigrants. It also contains exceptions for religious leaders. Bentley said there is "substantial progress in this bill," but critics have said that it fails to address [CNN report] some of the major concerns with the original legislation.

In March the US Court of Appeals for the Eleventh Circuit deferred ruling [JURIST report] on the constitutionality of both Alabama's law and a similar Georgia law because it wanted to see how a challenge to Arizona's immigration law is decided in the US Supreme Court [official website]. In December Bentley announced that he would be working to change the law [JURIST report] but maintained that he had no intention of repealing it and that the essence of the law would still be intact. Bentley's announcement came after a recommendation [JURIST report] by Alabama Attorney General Luther Strange that certain provisions probably would not withstand constitutional challenges. Two provisions were temporarily blocked [JURIST report] by the Eleventh Circuit Court of Appeals in October after a district court refused to grant [JURIST report] a temporary injunction: Section 28, which requires immigration status checks of public school students, and Section 10, which makes it a misdemeanor for an illegal resident not to have immigration papers.




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


Supreme Court to rule on standing to challenge wiretapping law
Jaclyn Belczyk on May 21, 2012 12:06 PM ET

Photo source or description
[JURIST] The US Supreme Court [official website] granted certiorari [order list, PDF] Monday in Clapper v. Amnesty International USA [docket; cert. petition, PDF] to determine whether plaintiffs have standing to challenge a federal eavesdropping law. The plaintiffs, including attorneys, journalists and rights organizations, facially challenged [JURIST report] Section 702 of the Foreign Intelligence Surveillance Act (FISA) [50 USC § 1881(a) text], which was added by the FISA Amendments Act of 2008 (FAA) [HR 6304 materials]. The law creates procedures to allow electronic government surveillance of individuals living outside of the US for foreign intelligence purposes. The plaintiffs allege that the law violates the Fourth Amendment, First Amendment and Article III of the Constitution. A 2009 ruling [JURIST report] from the US District Court in Manhattan found that the plaintiffs lacked standing because they did not suffer an injury in fact and dismissed the suit. The US Court of Appeals for the Second Circuit reinstated the lawsuit [JURIST report] last year. The issue before the court is:
Whether respondents lack Article III standing to seek prospective relief because they proffered no evidence that the United States would imminently acquire their international communications using Section 1881a authorized surveillance and did not show that an injunction prohibiting Section 1881a-authorized surveillance would likely redress their purported injuries.
The American Civil Liberties Union (ACLU) [advocacy website], one of the respondents in the case, expressed hope [press release] that the Supreme Court would affirm the Second Circuit: "The appeals court properly recognized that our clients have a reasonable basis to fear that the government may be monitoring their conversations, even though it has no reason to suspect them of having engaged in any unlawful activities. The constitutionality of the government's surveillance powers can and should be tested in court. We are hopeful that the Supreme Court will agree."

In September the ACLU released a report [text, PDF] claiming that the US is diminishing its "core values" with regard to various counterterrorism measures [JURIST report] put in place during the 10 years since the 9/11 attacks [JURIST news archive]. To support this contention, the report cited to US policies regarding indefinite military detention for terrorism suspects, the use of torture on terrorism suspects and enemy combatants, racial and religious profiling, and domestic surveillance and wiretapping. The report posited that these policies run deeper than what is known by the American people, civil liberties continue to be violated in secret and that future violations are imminent. The ACLU called upon US citizens to demand national security measures that do not encroach upon civil liberties and to urge government leaders to put an end to policies and programs that do not align themselves with these values




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


Sri Lanka ex-army chief Fonseka freed from prison
Jaclyn Belczyk on May 21, 2012 11:02 AM ET

Photo source or description
[JURIST] Former Sri Lankan army chief Sarath Fonseka [BBC profile; JURIST news archive] was freed from prison Monday after being pardoned by President Mahinda Rajapaksa [BBC profile; JURIST news archive]. Fonseka, who is credited with bringing an end to the 26-year civil war with the Liberation Tigers of Tamil Eelam (LTTE), was arrested [JURIST report] shortly after his defeat in the January 2009 presidential election in which he ran against Rajapaksa. He was convicted on corruption charges [JURIST report] in 2010 and sentenced to 30 months in prison. He was sentenced in November to an additional three years in prison [JURIST report] for implicating his country's defense secretary in war crimes at the end of the civil war. The pardon and release came amid international pressure [AP report], with US officials calling Fonseka a political prisoner.

The Sri Lankan government has faced various allegations of human rights violations and war crimes by civil rights organizations and the UN since the end of its civil war in 2009. In November the Sri Lankan government was subjected to criticism for its failure to investigate [JURIST report] issues of torture for past human rights violations and to enforce laws against continued torture and ill-treatment by government officials against civilians. In April 2011 a UN panel of experts on Sri Lanka found credible allegations of war crimes [JURIST report] committed during the country's war with the LTTE, warranting further investigation. In June 2010 UN High Commissioner for Human Rights Navi Pillay [official website] called for an international inquiry [JURIST report] into the conduct of the Sri Lankan government during its civil war.




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


Italy high court upholds ruling clearing Berlusconi
Jaclyn Belczyk on May 21, 2012 9:21 AM ET

Photo source or description
[JURIST] The Italian Court of Cassation [official website, in Italian], the country's highest appeals court, on Friday upheld a ruling clearing former prime minister Silvio Berlusconi [BBC profile; JURIST news archive] of fraud and embezzlement charges relating to his commercial broadcast company, Mediaset. Prosecutors in Milan had appealed after a judge ruled in October that there was not enough evidence to indict Berlusconi. That judge did order Berlusconi's son Pier Silvio and Mediaset chairman Fedele Confalonieri to stand trial in the same case, which is ongoing in Milan.

Berlusconi, who resigned as prime minister in November, has been a defendant in nearly 50 cases. In February prosecutors asked a court to try him on tax evasion charges [JURIST report]. He is also facing charges of publicly releasing private wiretaps, embezzlement and paying for sex with an underage prostitute [JURIST reports]. In January 2011 the Italian Constitutional Court held hearings and subsequently struck down [JURIST reports] portions of a immunity law backed by Berlusconi that would have granted the premier and other public officials temporary amnesty from any charges while holding office.




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

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


LATEST OP-ED

The War on Terror and the Need for Muslim Support
DOMESTIC
Faisal Kutty
Valparaiso University Law School

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