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Legal news from Wednesday, February 20, 2013

[JURIST] The US Supreme Court [official website] ruled 8-1 [opinion, PDF] on Wednesday in Evans v. Michigan [SCOTUblog backgrounder; JURIST report] that double jeopardy [Cornell LII backgrounder] applies even if the trial judge acquitted the defendant based upon an erroneous ruling on the required elements of the offense. The defendant … [read more]

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] Wednesday in Chaidez v. United States [SCOTUSblog backgrounder] that its holding in Padilla v. Kentucky [JURIST report] does not apply retroactively. In Padilla, the court held [opinion, PDF] that immigration attorneys are required to inform their clients about some of … [read more]

[JURIST] The US Supreme Court [official website] on Wednesday ruled unanimously [opinion, PDF] in Gunn v. Minton [SCOTUSblog backgrounder] that federal law does not deprive state courts of subject matter jurisdiction over a state law claim alleging legal malpractice in a patent case. Delivering the opinion, Chief Justice John Roberts … [read more]

[JURIST] The Alabama House of Representatives [official website] voted 72-23 [roll call] to approve the Women's Health and Safety Act [HB57 text] Tuesday, tightening regulations for abortion clinics and mandating that an Alabama-licensed physician who has admitting privileges at a local hospital must be present at every abortion. The current … [read more]

[JURIST] A judge for the US District Court for the Eastern District of Louisiana [official website] on Tuesday ruled that 810,000 barrels of oil collected by British Petroleum (BP) [corporate website] immediately following the 2010 Deepwater Horizon oil spill [BBC backgrounder] will not be used in calculations to determine damages … [read more]

[JURIST] Spokesperson for the UN Office of the High Commissioner for Human Rights [official website], Rupert Colville, on Tuesday criticized [press release] Egypt's draft law on demonstrations for failure to adequately protect freedom of assembly as enshrined in the Universal Declaration of Human Rights [text] and two international rights treaties … [read more]

[JURIST] Lawyers for Human Rights Watch (HRW) [advocacy website] said Tuesday that they have sent a letter [text] to the UN Human Rights Council (UNHRC) [official website] calling for an independent investigation of Sri Lanka's compliance with its own Lessons Learnt and Reconciliation Commission (LLRC) [JURIST news archive]. In a … [read more]

[JURIST] The European Court of Human Rights (ECHR) [official website] ruled [judgment] Tuesday that a woman in a same-sex relationship could adopt her partner's biological child [press release, PDF]. The court held that Austria's existing ban on the practice, also called successive adoption, violated Articles 8 and 14 of the … [read more]

[JURIST] The US Supreme Court [official website] on Tuesday ruled [opinion, PDF] 6-3 in Bailey v. United States [SCOTUSblog backgrounder; JURIST report] that police cannot a detain a suspect a mile away from the premises in the search warrant. The court found that Michigan v. Summers [opinion] does not apply … [read more]

[JURIST] UN experts on Tuesday urged [press release] the US House of Representatives [official website] to renew the Violence Against Women Act (VAWA) [S 47, PDF] which expired in 2011. The bill is intended to increase protections for Native American and Alaskan Native women, lesbian, gay, bisexual, and transgender victims, … [read more]

[JURIST] The US Supreme Court [official website] heard arguments Tuesday in Bowman v. Monsanto [transcript, PDF; JURIST report] on the scope of a Monsanto [corporate website; JURIST news archive] patent [text] on genetically-modified seeds that utilizes Roundup Ready [product website] technology. The seeds are altered to "self replicate," which means … [read more]

[JURIST] The US Supreme Court [official website] granted the first two cases [order list, PDF] of the 2013 term on Tuesday, including one on campaign finance [JURIST backgrounder]. In McCutcheon v. FEC [notice of appeal, PDF; case materials] the court will consider whether the Federal Election Campaign Act (FECA) [text] … [read more]

[JURIST] The US Supreme Court [official website] ruled unanimously [opinion, PDF] in Chafin v. Chafin [SCOTUSblog backgrounder; JURIST report] that a parent can appeal a custody ruling when a district court has determined the child's habitual residence is another country and the child has already been removed from the US. … [read more]

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