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 Saturday, June 2, 2012




New York high court rules custodial parent can be convicted of kidnapping
Jaimie Cremeans on June 2, 2012 3:23 PM ET

Photo source or description
[JURIST] The New York Court of Appeals [official website] on Thursday ruled [opinion text, PDF] that a custodial parent can be convicted of kidnapping where the parent's actions are "so obviously and unjustifiably dangerous or harmful to the child as to be inconsistent with the idea of lawful custody." The court made this ruling to affirm the conviction of a father who shared equal custody with the child's mother but, when approached by police officers responding to a domestic violence call, held onto the child and threatened him with a knife when the police came close. The court ruled that this satisfied the element of unlawfully restraining the child "without consent," and that, even as custodial parent, he did not have the right to consent the child to such a dangerous type of restraint. The court made clear that this ruling does not apply when a child is punished inappropriately or even when unlawful child abuse is committed, but only in situations as extreme as this one.

Applying kidnapping laws to custodial and noncustodial parents has been an issue even internationally. Last year, Japan announced plans to sign [JURIST report] the Hague Convention on the Civil Aspects of International Child Abduction [text], but it has yet to do so. The treaty was created in an attempt to eliminate difficult situations arising from one country's disagreement with custody decisions of another country's courts. In 2010, the US Supreme Court ruled [JURIST report] that ne exeat clauses, which prohibit removal of a child to another country without the other parent's consent, confer a "right of custody" under the convention, so that other countries are required under the convention to return children removed against these clauses.




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


New Mexico high court rules same-sex partner can seek custody of adopted child
Jaimie Cremeans on June 2, 2012 2:16 PM ET

Photo source or description
[JURIST] The New Mexico Supreme Court [official website] on Friday ruled [opinion text, PDF] that the same-sex partner of a parent who has adopted a child has a right to seek custody of that child after the partnership has dissolved. The court granted standing to a woman seeking partial custody of a child she had supported for years while in a same-sex relationship with the child's biological mother. The court ruled that, if the facts alleged were true, the plaintiff could establish a natural parent and child relationship under the New Mexico Uniform Parentage Act (UPA) [text], even though she could not establish a biological link and had never sought to legally adopt the child.
The fact that Chatterjee did not adopt Child does not impact our decision. Section 40-11-5 of the New Mexico UPA delineates the ways in which parentage can be presumed. Thus, our Legislature has recognized that there will be many situations in which someone is caring for a child but has not taken any steps to legalize that relationship. While taking legal action is the best way to ensure that both the alleged parent and the child have rights arising from that relationship, both our Legislature and this Court have indicated a willingness to confer rights to relationships that have not been legally established. This is so because parental rights are not automatically conferred when there is a biological relationship, but rather when an alleged parent has taken the responsibility of caring for a child. Considering the specific facts of this case, we hold that Chatterjee has alleged sufficient facts to attempt to establish that she is an interested party, and therefore she has standing to establish parentage under Section 40-11-21 of the New Mexico UPA.
New Mexico has no explicit prohibition [HRC backgrounder] on second-parent adoption. The case was reversed and remanded to the lower court to issue a decision based upon this newly formed precedent.

Child custody and support issues have been the subject of many state court decisions in recent years. In February, the Massachusetts Appeals Court ruled that same-sex couples who marry and have a child through artificial insemination [JURIST report] are subject to the same child custody laws as heterosexual couples. In May 2009, a New York state appeals court ruled that child support claims cannot be brought against same-sex partners [JURIST report] who have no biological or legal ties to a child. In 2005, the California Supreme Court ruled that estranged same-sex couples who created a child using reproductive science [JURIST report] were to be treated the same as heterosexual parents under child custody and support laws.




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


DOJ orders Florida to stop purging voter rolls in violation of VRA
Jamie Davis on June 2, 2012 10:15 AM ET

Photo source or description
[JURIST] The US Department of Justice (DOJ) [official website] on Thursday sent a letter [text] to Florida Secretary of State Ken Detzner [official profile], demanding that the state stop purging its voting rolls, a process that is not approved under the Voting Rights Act (VRA) [text] or the National Voter Registration Act [text, PDF]. Under the National Voter Registration Act, Florida's voter roll maintenance must have stopped 90 days before the August 14 primary election, meaning all purging should have stopped by May 16. Florida also failed to seek the necessary DOJ or federal court approval for the process it used to purge voter rolls. Florida's process, which is designed to remove non-citizens from voter rolls, has caused some US citizens to be improperly flagged and removed from voter rolls. Despite the DOJ warning, a spokesperson for Florida Governor Rick Scott [official website] said that the state plans to continue to search for ineligible voters [Huffington Post report] and purging the rolls. Scott contends that the roll maintenance is necessary to keep the voter rolls accurate and keep non-citizens from voting even over additional objections from county officials and evidence that many of the purged voters are minorities. The DOJ requested that Florida respond to its inquiries by June 6.

The VRA's prohibitions on some southern states' voting regulations is a contentious national issue. Florida challenged [JURIST report] the VRA in October in federal court, however, other states have continue to be affected by the law. In April, the DOJ filed a brief [JURIST report] in the US District Court for the District of Columbia alleging that a recently passed Texas photo identification law [SB 14 materials] will have a disproportionate impact on the state's Latino voters, in violation of the VRA. In The Voting Rights Act: Limiting Partisan Barriers to Voter Participation [JURIST op-ed], JURIST columnist Chris Elmendorf argues that the "purpose" rather than the "effects" prong of Section 5 of the Voting Rights Act may offer a better basis to challenge recent state regulations of the voting process.




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


Mubarak sentenced to life in prison
Jamie Davis on June 2, 2012 10:11 AM ET

Photo source or description
[JURIST] An Egyptian court on Saturday found former Egyptian president, Hosni Mubarak [Al Jazeera profile, JURIST news archive], guilty of complicity to kill protesters during the Arab Spring protests and sentenced him to life in prison. The court also found former Interior Minister Habib al-Adli guilty of the same charge and sentenced him to a term of life imprisonment. Mubarak's sons, Alaa and Gamal, along with six security officials, were acquitted of their charges of corruption. During the protests that resulted in the overturning of Mubarak's thirty-year regime, Mubarak ordered government officials to use gunfire and other violent measures to subdue protesters, resulting in over 850 deaths. Mubarak's ten-month trial marks the first time a former Arab leader has been held accountable [Reuters report] for his actions in a court of law. Rights group Amnesty International (AI) [advocacy website] released a statement [press release] on Saturday criticizing the verdict as failing to deliver full justice because Mubarak's sons and security officials were not punished for their alleged participation in the violence. Human Rights Watch (HRW) [advocacy website] also commented on Mubarak's sentence [press release], believing the verdict sends a message to future Egyptian leaders that they are not immune from the law.

Mubarak's trial ended in February [JURIST report] after the lead prosecutor in the case asked the presiding judge for a death sentence in his closing remarks. The prosecution began presenting its case [JURIST report] against Mubarak in January. Mubarak's trial started [JURIST report] in August 2011 and made slow progress. The trial resumed in December in the Egyptian court after a two-month adjournment [JURIST reports] allowing the court time to rule on a motion made by lawyers representing the victims' families to have the three-judge panel in the case removed. Mubarak resigned [JURIST report] from the presidency in February 2011 following calls for Mubarak's resignation by demonstrators.




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


Federal appeals court rules against former Guantanamo prosecutor
Max Slater on June 2, 2012 8:27 AM ET

Photo source or description
[JURIST] The US Court of Appeals for the District of Columbia Circuit [official website] ruled [opinion, PDF] Friday that Col. Morris Davis [JURIST news archive], the former chief prosecutor at Guantanamo Bay [JURIST backgrounder] may not seek money damages from his former supervisor at the Library of Congress (LOC) [official website] for termination of his employment due to op-ed articles he wrote. In 2009, Davis was fired by the LOC for writing articles in the Washington Post and Wall Street Journal criticizing the Obama administration for trying some terrorist suspects in military courts and some in civilian courts. Davis alleged that his termination violated his rights under the First and Fifth Amendments [text] of the US Constitution. The appeals court ruled that Davis failed to state a claim on which relief could be granted under Bivens liability, a form of employer liability that applies to government officials:
Because we hold that Davis has failed to state a Bivens claim for which relief may be granted, there is no reason to reach the merits of his claims or to consider whether Director Mulhollan is entitled to qualified immunity. We vacate the order of the district court denying Mulhollan's motion to dismiss and remand with instructions to dismiss Davis's Bivens claims.
Although Davis may not seek money damages from the LOC, the appeals court allowed Davis's claim for reinstatement to proceed.

Davis has been a longtime critic of the national security policies of Presidents Obama and George W. Bush. In October, Davis wrote an opinion piece [JURIST op-ed] claiming that the CIA's killing of Anwar al-Awlaki violated the law of war. Davis drew attention to the alleged iniquities of the military commissions system in 2007, when he penned a noted op-ed [text] for the New York Times about his experience as chief prosecutor. Later that year, Davis publicly said that he was pressured to use classified evidence [JURIST report] against defendants while heading serving as chief prosecutor at Guantanamo. He further claimed that the push to use classified evidence stemmed from certain military officials' desire to keep the trials closed and complained that Brig. Gen. Thomas Hartmann [official profile], legal adviser to the Convening Authority [official backgrounder] for the trials, should not have been supervising his work. The issue played a role in his resignation [JURIST report].




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

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


LATEST OP-ED

Is Egypt's Stance on the Blue Nile Dam Legally Justified?
DOMESTIC
Zeray Yihdego
University of Aberdeen 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