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Legal news from Monday, June 18, 2012
by Rebecca DiLeonardo

The US Supreme Court ruled 5-4 Monday in Christopher v. SmithKline Beecham Corp. that pharmaceutical sales representatives (PSRs) qualify as outside salespeople under the Fair Labor Standards Act (FLSA), making them ineligible for overtime under the act. The Department of Labor (DOL) had stated that PSRs are not outside salespersons and can …

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by Sung Un Kim

Italian prosecutors asked a court on Monday to sentence former prime minister Silvio Berlusconi to three years and eight months in prison on fraud charges. Berlusconi, who resigned as prime minister in November, has been accused of embezzlement relating to his commercial broadcast company, Mediaset. With the former prime minister, the prosecution asked the …

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by Rebecca DiLeonardo

The US Supreme Court in a plurality opinion on Monday ruled that a defendant's rights under the Confrontation Clause were not violated when the state permited an expert witness to testify about the results of a DNA test performed at a private laboratory, where the analysts who performed the tests did not testify, and the …

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by Sung Un Kim

Trial Chamber I of the International Criminal Tribunal for the former Yugoslavia (ICTY) on Monday suspended the trial of former Bosnian Serb Army commander Ratko Mladic due to an error in disclosing documents to the defense lawyers. The decision came after the defense had filed a motion to reconsider …

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by Rebecca DiLeonardo

The US Supreme Court ruled 5-4 Monday that the federal government is responsible for the full payment contractually promised to Native American tribes even if Congress does not allocate enough money. Salazar v. Ramah Navajo Chapter involves the Indian Self-Determination and Education Assistance Act (ISDA), which grants authority to several federal departments, …

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by Sung Un Kim

The Rwandan community courts set up to hear genocide-related cases, known as gacaca courts officially concluded their 10-year operation on Monday. The gacaca process has been praised by the UN as demonstrating that national initiatives have a more direct and sustainable impact on the country and thus, must be supported in …

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by Rebecca DiLeonardo

The US Supreme Court on Monday granted certiorari in Smith v. United States, which deals with the burden of proof in conspiracy cases. The case involves two individuals who have been sentenced to life in prison for their connections to a large drug ring which has been tied to several murders. The government …

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by Sung Un Kim

Bangladesh police on Sunday arrested Mir Kashem Ali for his alleged crimes against humanity committed during the 1971 Bangladesh Liberation War. Earlier that day the International Criminal Tribunal in Bangladesh (ICTB) had issued an arrest warrant against the chairman of Diganta Media Corporation who is also a senior leader of the Jamaat-e-Islami (JI) …

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by Sung Un Kim

Philippines President Beningno Aquino III on Monday signed the Terrorism Financing Prevention and Suppression Act of 2012 which criminalizes the financing of terrorism. The new law will penalize an individual who organizes or directs the commission of the crime of financing terrorism with imprisonment of 40 years and a fine of not less than five …

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by Sung Un Kim

UN High Commissioner for Human Rights Navi Pillay on Monday condemned Eritrea for its failure to address the human rights violations in the country. In her opening statement to the 20th Special Session of the UN Human Rights Council, she expressed her concern for the people in Eritrea who …

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by Rebecca DiLeonardo

The US Supreme Court on Monday ruled 8-1 that the federal government is not immune from a lawsuit by a citizen to prevent a particular use of "Indian Lands" retained in trust by the government. In Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians v. Patchak the government approved the granting of land for a casino …

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by Sung Un Kim

The International Criminal Tribunal for the former Yugoslavia (ICTY) on Monday closed its third contempt trial against former Serb nationalist politician and war crimes suspect Vojislav Seselj. Seselj has been accused of contempt of court and divulging data in a book he authored disclosing names, occupations and …

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by Rebecca DiLeonardo

UN High Commissioner for Human Rights Navi Pillay on Monday expressed concern about the human rights situation in Syria during her opening address to the Human Rights Council. Pillay said that the deteriorating situation in Syria has impeded UN officials from doing their jobs and has led to civilian deaths. She called on the …

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by Sung Un Kim

The Egyptian Supreme Council of the Armed Forces (SCAF) announced on Monday that it will transfer power to the newly elected president by the end of this month, according to Egypt's official news agency. The polls closed on Sunday and the winner of the presidential runoff will be officially announced on Thursday. The Muslim Brotherhood …

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by Rebecca DiLeonardo

Former Ukrainian prime minister Yulia Tymoshenko will face charges associated with the shooting of a Ukrainian lawmaker, a deputy prosecutor said Monday. Ukrainian Prosecutor General Viktor Pshonka had indicated last month that she may face charges in the 1996 shooting of lawmaker Yevhen Shcherban and his family. The deputy prosecutor told a …

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