JURIST's legal news service, powered by a team of over 40 law student reporters and editors led by Professor Bernard Hibbitts at the University of Pittsburgh School of Law. http://jurist.org/paperchase JURISTremove_this@jurist.org (Jurist Webmaster) Thu, 27 Feb 2014 12:07:14 -0500 [JURIST] Israeli soldiers have used excessive force in the West Bank [CIA backgrounder] since 2011, Amnesty International (AI) [advocacy website] said in a report [text, PDF] Thursday. AI's investigation was specifically focused on the evidence of the unlawful shootings of 22 Palestinian civilians by Israeli soldiers. The shootings arose from the Palestinians' continuing protests [AI report] against the Israeli government for their occupation of Palestinian territories and illegal construction of a barrier within the West Bank. With this report, AI... http://jurist.org/paperchase/2014/02/israel-urged-to-investigate-use-of-excessive-miltary-force.php Thu, 27 Feb 2014 12:07:14 -0500 http://jurist.org/paperchase/2014/02/israel-urged-to-investigate-use-of-excessive-miltary-force.php William Helbling ... [JURIST] Egypt's Cairo Criminal Court convicted 26 people on Wednesday charged with forming a terrorist group with the intent to attack the Suez Canal [official website]. The group was charged with planning attacks on ships in the Suez Canal as well as security buildings, foreign tourists, Christians and police. Most of the defendants received [AP report] death sentences and tried in absentia, but it is likely they will receive a retrial when arrested. One of the present defendants was younger... http://jurist.org/paperchase/2014/02/egypt-court-convicts-alleged-terrorist-group.php Thu, 27 Feb 2014 12:04:21 -0500 http://jurist.org/paperchase/2014/02/egypt-court-convicts-alleged-terrorist-group.php Amy Mathieu ... [JURIST] Beijing's No. 1 Intermediate People's Court on Thursday accepted a lawsuit filed by 37 plaintiffs seeking compensation from two Japanese companies, Mitsubishi Materials and Nippon Coke and Engineering [corporate websites], for forced labor during World War II [LOC backgrounder]. The suit alleges that the plaintiffs and their relatives were taken [BBC report] to Japan where they were forced to work in coal mines during the War. According to the BBC, the top Japanese government spokesman Yoshihide Suga [official profile]... http://jurist.org/paperchase/2014/02/chinese-court-accepts-suit-against-japanese-firms-for-wwii-forced-labor.php Thu, 27 Feb 2014 11:38:24 -0500 http://jurist.org/paperchase/2014/02/chinese-court-accepts-suit-against-japanese-firms-for-wwii-forced-labor.php Peter Snyder ... [JURIST] A German court on Thursday cleared former president Christian Wulff [official profile; JURIST news archive] of corruption charges that sprang from allegations that he had accepted bribes in exchange for political favors. Judge Frank Rosenow informed the court [Reuters report] of Wulff's acquittal, saying that there was insufficient proof that the former president had accepted illegal payments. Wulff, who has insisted on his innocence since his resignation in 2012, chose to clear his name at trial rather than settle... http://jurist.org/paperchase/2014/02/former-german-president-cleared-of-corruption-charges.php Thu, 27 Feb 2014 11:36:11 -0500 http://jurist.org/paperchase/2014/02/former-german-president-cleared-of-corruption-charges.php Taylor Gillan ... [JURIST] Germany's Karlsruhe court [official website, in German] ruled on Wednesday that the 3% voting threshold for political parties to enter the the European Parliament [official website] is unconstitutional. The German government lowered the voting threshold from 5% to 3% last year, but the top court ruled [BBC report] by a 5-3 vote that it should be abolished altogether. The ruling will allow smaller parties like the far-right Democratic Party of Germany (NPD), Free Voters, Pirates and Ecological Democratic Party... http://jurist.org/paperchase/2014/02/german-top-court-finds-eu-voting-threshold-unconstitutional.php Thu, 27 Feb 2014 11:23:43 -0500 http://jurist.org/paperchase/2014/02/german-top-court-finds-eu-voting-threshold-unconstitutional.php Amy Mathieu ... [JURIST] The French Court of Cassation [official website, in French] on Thursday blocked [decision, in French] plans to extradite three men to stand trial in Rwanda for alleged crimes committed during the 1994 Rwandan Genocide [UN backgrounder]. The court overturned a November decision [JURIST report] by the Court of Appeal of Paris to allow the extradition of Claude Muhayimana and Innocent Musabyimana. The court also rejected [decision, in French] an appeal of a September ruling blocking extradition of Laurent Serubuga,... http://jurist.org/paperchase/2014/02/french-high-court-blocks-extradition-of-rwandan-genocide-accused.php Thu, 27 Feb 2014 11:07:44 -0500 http://jurist.org/paperchase/2014/02/french-high-court-blocks-extradition-of-rwandan-genocide-accused.php Peter Snyder ... [JURIST] Cambodian officials on Wednesday said that the country has ended its ban on public demonstrations that was imposed last month after police opened fire on protesting textile workers. According to Interior Ministry [official website, in Khmer] spokesman Khieu Sopheak, those wishing to stage protests will still have to seek permission [AFP report] from local authorities despite the ban being lifted. In a statement on Tuesday, Prime Minister Hun Sen [NYT archive, JURIST news archive] warned [Phnom Penh Post report]... http://jurist.org/paperchase/2014/02/cambodia-ends-ban-on-public-protests.php Thu, 27 Feb 2014 10:53:13 -0500 http://jurist.org/paperchase/2014/02/cambodia-ends-ban-on-public-protests.php Taylor Gillan ... [JURIST] The US Supreme Court [official website] heard oral arguments [day call, PDF] Wednesday in two cases. In Octane Fitness v. Icon Health and Fitness [transcript, PDF], the court is considering whether the US Court of Appeals for the Federal Circuit's [official website] promulgation of a rigid and exclusive two-part test for determining whether a case is "exceptional" under 35 USC § 285 [text] improperly appropriates a district court's discretionary authority to award attorney fees. Icon Health and Fitness sued... http://jurist.org/paperchase/2014/02/supreme-court-hears-oral-arguments-on-attorneys-fee-awards-in-patent-litigation.php Thu, 27 Feb 2014 10:25:54 -0500 http://jurist.org/paperchase/2014/02/supreme-court-hears-oral-arguments-on-attorneys-fee-awards-in-patent-litigation.php Cynthia Miley ... [JURIST] The EU Parliament [official website] on Wednesday voted to approve [press release] an anti-tobacco law that requires cigarette makers to increase the size of health warnings on packets from 30 percent to 65 percent of the surface of the package. The law also regulates electronic cigarettes for the first time. Electronic cigarettes will have to comply with packaging and advertising rules, and makers of e-cigarettes will also have to notify EU member state governments prior to introducing new products.... http://jurist.org/paperchase/2014/02/eu-parliament-votes-to-approve-smoking-regulations.php Thu, 27 Feb 2014 09:46:55 -0500 http://jurist.org/paperchase/2014/02/eu-parliament-votes-to-approve-smoking-regulations.php Cynthia Miley ... [JURIST] Ukraine interim general prosecutor reported on Wednesday that an international arrest warrant has been requested for ousted president Viktor Yanukovich, implicating him in the "mass murder" of civilians during the recent Kiev protests. Oleg Makhnytsky reported [AFP report] that the former president was "the subject of an international arrest warrant." It is unknown at this time whether Ukrainian officials have additionally made a formal request to Interpol for Yanukovich's arrest. Meanwhile, the current interim government is expected to be... http://jurist.org/paperchase/2014/02/ukraine-interim-government-requests-international-arrest-warrant-for-yanukovych.php Thu, 27 Feb 2014 08:17:43 -0500 http://jurist.org/paperchase/2014/02/ukraine-interim-government-requests-international-arrest-warrant-for-yanukovych.php Theresa Donovan ... [JURIST] UN High Commissioner for Human Rights Navi Pillay [official website] on Wednesday condemned [news release] attacks in Al Dhale Governorate by Yemeni armed forces, which are disproportionately affecting civilians. Pillay reported that since December, these attacks have killed more than 40 individuals, four of whom were children. Also of concern is the fact that buildings such as hospitals, clinics and schools have been shelled during some of these attacks. Although Yemeni forces have claimed that they have been attacked... http://jurist.org/paperchase/2014/02/un-rights-chief-condemns-attacks-by-yemen-armed-forces.php Thu, 27 Feb 2014 07:31:39 -0500 http://jurist.org/paperchase/2014/02/un-rights-chief-condemns-attacks-by-yemen-armed-forces.php Theresa Donovan ... [JURIST] The US Supreme Court [official website] ruled [opinion, PDF] unanimously on Wednesday in United States v. Apel [SCOTUSblog backgrounder] that 18 USC § 1382 [text], which prohibits a person from reentering a military installation after a commanding officer has ordered him not to reenter, may be enforced on a portion of an installation that is subject to a public roadway easement and that contains a designated protest area. A protester, John Apel, was barred from a military base in... http://jurist.org/paperchase/2014/02/supreme-court-sides-with-pentagon-in-military-protest-case.php Thu, 27 Feb 2014 06:57:22 -0500 http://jurist.org/paperchase/2014/02/supreme-court-sides-with-pentagon-in-military-protest-case.php Theresa Donovan ... [JURIST] Arizona Governor Jan Brewer [official website] on Wednesday vetoed [veto letter, PDF] controversial Bill 1062 [materials], which would have permitted state business owners to refuse service to individuals for "religious reasons," and which has largely been denounced by critics as sanctioning discrimination against LGBT individuals. The bill was jointly written by the conservative Center for Arizona Policy and the Alliance Defending Freedom [advocacy websites], a Christian legal organization, and was approved [JURIST report] by Arizona state lawmakers last week.... http://jurist.org/paperchase/2014/02/arizona-governor-vetoes-bill-allowing-businesses-to-refuse-service.php Thu, 27 Feb 2014 06:16:59 -0500 http://jurist.org/paperchase/2014/02/arizona-governor-vetoes-bill-allowing-businesses-to-refuse-service.php Theresa Donovan ... [JURIST] A judge for the US District Court for the Western District of Texas [official website] ruled [opinion] Wednesday that Article 1, Section 32 [text] of the Texas constitution, which defines marriage as a union between one man and one woman, violates the federal constitutional guarantee of equal protection and due process. The lawsuit includes two same-sex couples; one wishing to marry in the state of Texas and the other seeking to have Texas recognize their prior marriage, which took... http://jurist.org/paperchase/2014/02/federal-judge-in-texas-declares-state-ban-on-gay-marriage-unconstitutional.php Wed, 26 Feb 2014 15:18:22 -0500 http://jurist.org/paperchase/2014/02/federal-judge-in-texas-declares-state-ban-on-gay-marriage-unconstitutional.php Daniel Mullen ... [JURIST] The US Supreme Court [official website] ruled [opinion, PDF] 7-2 Wednesday in Chadbourne & Parke LLP v. Troice [SCOTUSblog backgrounder] that the Securities Litigation Uniform Standards Act of 1998 (SLUSA) [text, PDF] does not bar the plaintiffs' state law class action suit. The lawsuit was brought by the victims of the multibillion dollar Ponzi scheme orchestrated by Allen Stanford [BBC profile; JURIST news archive]. In March 2012 the US Court of Appeals for the Fifth Circuit [official website] overturned... http://jurist.org/paperchase/2014/02/supreme-court-issues-ruling-in-securities-litigation-case.php Wed, 26 Feb 2014 14:19:55 -0500 http://jurist.org/paperchase/2014/02/supreme-court-issues-ruling-in-securities-litigation-case.php Daniel Mullen ... [JURIST] British police counter-terrorism forces announced on Tuesday the arrest of Moazzam Begg [Guardian backgrounder] in his hometown of Birmingham, England, along with three other individuals on suspicion of terrorism offenses related to the war in Syria [JURIST backgrounder]. Begg was a detainee at Guantanamo Bay [JURIST backgrounder], and he was one of the last detainees from the UK to be returned. British authorities have expressed concern [NYT report] about their citizens fighting in jihadist groups in Syria, and Begg... http://jurist.org/paperchase/2014/02/uk-police-arrest-former-guantanamo-detainee-on-syria-terrorism-charges.php Wed, 26 Feb 2014 13:06:20 -0500 http://jurist.org/paperchase/2014/02/uk-police-arrest-former-guantanamo-detainee-on-syria-terrorism-charges.php Bradley McAllister ... [JURIST] Turkish President Abdullah Gul [BBC backgrounder] approved a law on Wednesday which increases government control over the appointment of judges and prosecutors in the country. The new law [Reuters report] grants the Ministry of Justice [official website] greater control over the Supreme Board of Judges and Prosecutors (HSYK) [official website, in Turkish], an independent body responsible for appointing members of the judiciary. The bill was signed into law amidst rising controversy [Today's Zaman report] since the law was approved... http://jurist.org/paperchase/2014/02/turkish-president-approves-law-increasing-government-control-over-judiciary.php Wed, 26 Feb 2014 12:22:33 -0500 http://jurist.org/paperchase/2014/02/turkish-president-approves-law-increasing-government-control-over-judiciary.php Bradley McAllister ... [JURIST] Apple [corporate website] filed a brief [text, PDF] Wednesday with the US Court of Appeals for the Second Circuit [official website] asking the court to either overturn a ruling from last year that Apple violated anti-trust laws or grant a new trial in front of different judges. Apple argues that the case management order that brought the case together in the Southern District of New York only applied to pretrial activity. They suggest that the class action should be... http://jurist.org/paperchase/2014/02/apple-files-appeal-in-e-book-price-fixing-case.php Wed, 26 Feb 2014 10:59:29 -0500 http://jurist.org/paperchase/2014/02/apple-files-appeal-in-e-book-price-fixing-case.php Dominic Yobbi ... [JURIST] The trial of the first suspect to be transferred from the International Criminal Tribunal for Rwanda (ICTR) [official website] to the Rwandan national court system began Wednesday. The Tanzanian-based UN tribunal transferred [JURIST report] Jean Bosco Uwinkindi [ICTR indictment, PDF] in April 2012 to stand trial for his role in the 1994 Rwandan Genocide [UN backgrounder]. Uwinkindi, a former Pentecostal preacher is accused [DW report] of genocide and crimes against humanity having allegedly led a group of Hutu in... http://jurist.org/paperchase/2014/02/rwanda-court-opens-trial-of-first-genocide-suspect-transfered-from-ictr.php Wed, 26 Feb 2014 10:54:06 -0500 http://jurist.org/paperchase/2014/02/rwanda-court-opens-trial-of-first-genocide-suspect-transfered-from-ictr.php Peter Snyder ... [JURIST] A municipal court in Russia on Tuesday sentenced several prominent Russian opposition leaders, including Aleksei Navalny [personal website, in Russian; JURIST news archive], to jail sentences of up to 10 days for participating in a rally near the Kremlin on Monday. More than 400 protesters were detained [NYT report] Monday after demonstrators gathered on Manezh Square to protest prison sentences [JURIST report] given to eight individuals accused of attacking the police on Bolotnaya Square during a 2012 rally against... http://jurist.org/paperchase/2014/02/russia-activists-sentenced-to-jail-for-rally-near-kremlin.php Wed, 26 Feb 2014 10:18:57 -0500 http://jurist.org/paperchase/2014/02/russia-activists-sentenced-to-jail-for-rally-near-kremlin.php Peter Snyder ... [JURIST] US Attorney General Eric Holder [official website] announced [video; press release] Monday that he is urging Congress to create a "strong national standard" requiring businesses to immediately notify consumers and law enforcement agencies when significant consumer data breaches occur. This announcement comes in the wake of two massive data breaches at major retailers Target and Neiman Marcus late last year. Accusations [NPR report] that the companies reported their breaches with undue delay raised questions about how quickly businesses should... http://jurist.org/paperchase/2014/02/attorney-general-eric-holder-announced.php Wed, 26 Feb 2014 09:31:20 -0500 http://jurist.org/paperchase/2014/02/attorney-general-eric-holder-announced.php Ann Schober ... [JURIST] The US Supreme Court [official website] ruled [opinion, PDF] 6-3 Tuesday in Kaley v. United States [SCOTUSblog backgrounder] that a criminal defendant who has been indicted is not constitutionally entitled to contest a grand jury's finding of probable cause underlying a pre-trial seizure of assets. The US Court of Appeals for the Eleventh Circuit ruled against [opinion] the availability of such hearings because "defendants are not entitled to try the entire case twice," before the trial and then again... http://jurist.org/paperchase/2014/02/supreme-court-rejects-challenge-to-pre-trial-asset-freeze.php Wed, 26 Feb 2014 08:38:29 -0500 http://jurist.org/paperchase/2014/02/supreme-court-rejects-challenge-to-pre-trial-asset-freeze.php Elizabeth LaForgia ... [JURIST] The US Supreme Court [official website] heard oral arguments [day call, PDF] on Tuesday in Robers v. United States [transcript, PDF]. The case addresses the issue of whether a defendant who owes restitution for a fraudulently obtained loan returns a portion of the loan money by giving the lenders the collateral property that secures the money. Petitioner Benjamin Robers submitted fraudulent loan documents for two houses that materially misrepresented his income and ability to repay loans. Robers eventually defaulted... http://jurist.org/paperchase/2014/02/supreme-court-hears-arguments-on-sub-prime-mortgage-fraud.php Wed, 26 Feb 2014 07:17:34 -0500 http://jurist.org/paperchase/2014/02/supreme-court-hears-arguments-on-sub-prime-mortgage-fraud.php Elizabeth LaForgia ... [JURIST] The US Supreme Court [official website] ruled [opinion, PDF] unanimously Tuesday in Walden v. Fiore [SCOTUSblog backgrounder] that when the conduct of the defendant, a Georgia police officer, occurred entirely in Georgia, the mere fact that his conduct affected plaintiffs with connections to Nevada does not authorize jurisdiction over him in Nevada. The decision overturns the US Court of Appeals for the Ninth Circuit [official website], which concluded [opinion] that the Constitution permitted courts in Nevada to exercise jurisdiction... http://jurist.org/paperchase/2014/02/supreme-court-rules-contacts-with-forum-state-not-decisive-for-personal-jurisdiction.php Tue, 25 Feb 2014 17:04:30 -0500 http://jurist.org/paperchase/2014/02/supreme-court-rules-contacts-with-forum-state-not-decisive-for-personal-jurisdiction.php Kimberly Bennett ... [JURIST] The US Supreme Court [official website] ruled [opinion, PDF] 6-3 Tuesday in Fernandez v. California [SCOTUSblog backgrounder] that police may search a home without a warrant over the objection of one occupant if that occupant has been removed from the premises. The Court of Appeals of California concluded [opinion] that Supreme Court precedent established in 2006 in Georgia v. Randolph [opinion; JURIST report] "does not require exclusion of the evidence obtained in the warrantless search of defendant's home." In... http://jurist.org/paperchase/2014/02/supreme-court-eases-restrictions-on-warrantless-home-searches.php Tue, 25 Feb 2014 16:42:34 -0500 http://jurist.org/paperchase/2014/02/supreme-court-eases-restrictions-on-warrantless-home-searches.php Jaclyn Belczyk ...