tag:blogger.com,1999:blog-206958072009-11-07T11:43:27.508-05:00JURIST - HotlineLegal scholars offer real-time takes on legal news...Bernard Hibbittsnoreply@blogger.comBlogger632125tag:blogger.com,1999:blog-20695807.post-59717135740202391482009-11-06T10:25:00.013-05:002009-11-07T11:43:27.522-05:00Third Circuit favors free speech in striking down broad abortion clinic protest zonesDavid Cortman [Senior Legal Counsel, Alliance Defense Fund]: "Over the last several years, the government has increasingly restricted pro-life speech, particularly when it occurs on public sidewalks outside abortion clinics. These restrictions are, at best, highly suspect under the First Amendment - and, at worst, completely unconstitutional. And that was no less the case in the most recent Andrew Woodhttp://www.blogger.com/profile/12522683856977385787noreply@blogger.com0tag:blogger.com,1999:blog-20695807.post-60054116934101434172009-11-05T17:48:00.008-05:002009-11-05T18:34:19.495-05:00Nokia's infringement suit against Apple illustrates need to scrap US patent systemStephan Kinsella [General Counsel for Applied Optoelectronics and Editor of Libertarian Papers]: "A recent lawsuit filed by Nokia against Apple alleges that the iPhone infringes 10 of Nokia's patents. Nokia is probably "seeking between $200 and $400 million in damages from Apple," which JURIST characterizes as "a relatively low amount to seek from a company that expects revenues...of over $11 Andrew Woodhttp://www.blogger.com/profile/12522683856977385787noreply@blogger.com0tag:blogger.com,1999:blog-20695807.post-48175843865977894522009-11-04T11:24:00.005-05:002009-11-04T11:38:52.734-05:00Lake case sets important precedent that metadata is part of a requested documentTodd Carpenter [Managing Director, National Information Standards Organization]: "Last week, the Supreme Court of Arizona issued a ruling overturning a lower court on whether file metadata must be turned over in a public records request. The ruling [PDF file] essentially binds the inherent file metadata within the file itself. In its finding, the court ruled that the plaintiff's request for theAndrew Woodhttp://www.blogger.com/profile/12522683856977385787noreply@blogger.com0tag:blogger.com,1999:blog-20695807.post-87214326856903593712009-11-02T15:38:00.003-05:002009-11-02T15:39:16.188-05:00National Institute of Health's stem cell research guidelines promote sound scienceGeoffrey Lomax [Senior Officer for Medical Standards, California Institute for Regenerate Medicine]: "CIRM welcomes Chief Judge Royce C. Lamberth's dismissal of Sherely v. Sebelius. The National Institute of Health (NIH) Guidelines for Human Stem Cell Research represent sound public policy consistent with the approach adopted by CIRM, other states and the international community. The NIH Andrew Woodhttp://www.blogger.com/profile/12522683856977385787noreply@blogger.com0tag:blogger.com,1999:blog-20695807.post-59660318683609726282009-10-31T18:40:00.005-04:002009-10-31T18:55:41.138-04:00North Korean human rights record likely to stay separated from nuclear diplomacyBruce Klingner [Senior Research Fellow, Northeast Asia, The Heritage Foundation]: "North Korea has repeatedly been cited by the US government, United Nations, and independent human rights groups as one of the most egregious violators of human rights. North Korean citizens face abysmal living conditions, pervasive government surveillance, and a total lack of political and religious freedom. Andrew Woodhttp://www.blogger.com/profile/12522683856977385787noreply@blogger.com0tag:blogger.com,1999:blog-20695807.post-42972663822330402662009-10-30T09:42:00.007-04:002009-10-30T17:43:16.789-04:00EU's lifting of sanctions against Uzbekistan undermines its credibility on human rightsVeronika Szente Goldston [Advocacy Director for Europe and Central Asia, Human Rights Watch]: "With its decision to lift the remaining sanctions against Uzbekistan despite Tashkent's atrocious rights record, the EU has effectively abandoned any credible effort to achieve human rights improvements through its Uzbekistan policy.The EU had set clear criteria for lifting the sanctions, which the Andrew Woodhttp://www.blogger.com/profile/12522683856977385787noreply@blogger.com0tag:blogger.com,1999:blog-20695807.post-90918945139965684262009-10-28T12:42:00.010-04:002009-10-29T11:13:58.014-04:00Ohio's latest stay of execution signals problems with state's death penalty protocolVirginia Sloan [President, The Constitution Project]: "The recent uproar surrounding Ohio's failed attempt to execute Romell Broom, who was convicted of murdering Tryna Middleton, highlights the continuing problems with lethal injection in Ohio, and elsewhere around the country. If the state is to continue using the death penalty, the state must comply with the "quick and painless" standard Andrew Woodhttp://www.blogger.com/profile/12522683856977385787noreply@blogger.com0tag:blogger.com,1999:blog-20695807.post-86095362374593005092009-10-27T10:36:00.003-04:002009-10-27T10:44:12.530-04:00Compensation regulation obscures role of housing policy in recent economic collapseAllan Meltzer [Professor of Political Economy, Carnegie Mellon University]: "Congress and the administration typically try to find scapegoats to satisfy the public that they are dong something about failed policies. In the 1980s, the alleged culprits were venal operators of a few savings and loans. This time it is the greedy bankers. I agree that the incentives in most bank compensation Andrew Woodhttp://www.blogger.com/profile/12522683856977385787noreply@blogger.com0tag:blogger.com,1999:blog-20695807.post-32221159311522414332009-10-26T14:41:00.016-04:002009-10-27T10:24:22.724-04:00Non-enforcement of Controlled Substances Act leaves medical marijuana issue unresolvedMark Kleiman [Professor of Public Policy, UCLA]: "The Justice Department will not pursue people using or selling cannabis in compliance with state "medical marijuana" laws, even though those activities remain forbidden by the Controlled Substances Act. That policy ends more than a decade of federal efforts to overturn state efforts to make cannabis available to patients. In effect, the AttorneyAndrew Woodhttp://www.blogger.com/profile/12522683856977385787noreply@blogger.com0tag:blogger.com,1999:blog-20695807.post-74392900711291493642009-10-25T18:19:00.006-04:002009-10-26T12:05:22.213-04:00China's rigged trials against Uyghurs merits more attention from world communityMehmet Tohti [Former Vice President, World Uyghur Congress]: "A recent report released by Human Rights Watch over the inadequacy and unfairness of the trials of Urumqi protestors has brought our memory back to the July 5 massacre committed by the Chinese military and government backed Han Chinese mobsters. Mass arrests and manhunts started as early as the evening of July 5 after the suppression Andrew Woodhttp://www.blogger.com/profile/12522683856977385787noreply@blogger.com0tag:blogger.com,1999:blog-20695807.post-187433318287852062009-10-21T14:50:00.006-04:002009-10-21T15:03:42.212-04:00Reauthorization of expiring PATRIOT Act provisions necessary to stop terror plotsStewart Baker [Partner, Steptoe & Johnson LLP]: "The US Senate Judiciary Committee's decision to reauthorize three provisions of the USA Patriot Act until 2013 is prudent. The parts of the Act set to expire this year include provisions that allow federal authorities to compel production of business, medical and library records, to conduct "roving" wiretaps, and to designate suspects as "lone Andrew Woodhttp://www.blogger.com/profile/12522683856977385787noreply@blogger.com0tag:blogger.com,1999:blog-20695807.post-22103636971544712012009-10-20T13:30:00.007-04:002009-10-20T18:42:26.545-04:00Hate crime and anti-discrimination laws still needed to protect LGBT communityBrian Moulton and Michelle Litteken [Chief Legislative Counsel and Staff Counsel, Human Rights Campaign]: "The Human Rights Campaign (HRC) applauds the Department of Justice's (DOJ) statement regarding increased efforts to fight LGBT discrimination. In his speech to the Civil Rights Division, Assistant Attorney General Tom Perez said that the Department must "ensure that there's a level playing Andrew Woodhttp://www.blogger.com/profile/12522683856977385787noreply@blogger.com0tag:blogger.com,1999:blog-20695807.post-5174946707849100012009-10-19T14:13:00.008-04:002009-10-20T11:37:15.156-04:00Run-off elections pose ironic threat to Afghan democratic experimentKhalid Sekander [Senior Social Scientist, US Army, Human Terrain Systems, NATO/ISAF HQ]: "Mr. Barakzai resigned from the Electoral Complaint Commission (ECC) because he views foreign interference as a negative consequence to the Afghan democratic experiment. Meanwhile, Peter Galbraith, former deputy of the United Nations Assistance Mission in Afghanistan (UNAMA), recently stated that UNAMA head Andrew Woodhttp://www.blogger.com/profile/12522683856977385787noreply@blogger.com0tag:blogger.com,1999:blog-20695807.post-50794141629737198102009-10-17T17:08:00.005-04:002009-10-19T15:25:50.142-04:00Changes to Military Commissions Act not enough to fix flawed systemMichelle McCluer [Director, National Institute of Military Justice]: "Congress appears ready to enact changes to the 2006 Military Commissions Act [PDF file]. After the opening days of the Obama Administration, it feels strange to be writing about the future of military commissions, but it seems that military commissions will continue plodding along. While I would have preferred to have seen Andrew Woodhttp://www.blogger.com/profile/12522683856977385787noreply@blogger.com0tag:blogger.com,1999:blog-20695807.post-6323329606994111632009-10-15T12:39:00.006-04:002009-10-15T13:51:07.745-04:00Guantanamo detainee al Mutairi's release a welcome blow to government detention powerGabor Rona [International Legal Director, Human Rights First]: "On October 9, the Department of Justice announced the transfer of Guantanamo detainee Khalid Abdullah Mishal al Mutairi, to his home state, Kuwait. "On July 29, 2009, a federal court ruled that al Mutairi may no longer be detained under the Authorization for the Use of Military Force (AUMF) and ordered the government to release him Andrew Woodhttp://www.blogger.com/profile/12522683856977385787noreply@blogger.com0tag:blogger.com,1999:blog-20695807.post-381412019642245272009-10-12T14:36:00.007-04:002009-10-12T15:20:33.449-04:00Obama administration should endorse Goldstone report at UN Security CouncilJoe Stork [Deputy Director, Middle East and North Africa Division, Human Rights Watch]: "President Obama and his team have another opportunity to do the right thing regarding the report [PDF file] of the UN Fact-Finding Commission on the Gaza Conflict when the UN Security Council meets on October 14 for an open debate on the Middle East. The Commission's report and recommendations will be a majorAndrew Woodhttp://www.blogger.com/profile/12522683856977385787noreply@blogger.com0tag:blogger.com,1999:blog-20695807.post-20249520309680073492009-10-08T21:40:00.011-04:002009-10-09T08:18:34.783-04:00Israel should use delay in UN vote on Goldstone report to investigate own conductJessica Montell [Executive Director, B'Tselem]: "In the recent session of the UN Human Rights Council, the US and Israel - each for their own, somewhat disingenuous reasons - argued that a peace process is incompatible with international scrutiny of war crimes in the Cast Lead operation, and that the former is to be preferred over the later. Heavy US pressure reportedly convinced the PalestinianAndrew Woodhttp://www.blogger.com/profile/12522683856977385787noreply@blogger.com0tag:blogger.com,1999:blog-20695807.post-24810817838220097002009-10-05T12:16:00.005-04:002009-10-05T12:44:44.822-04:00Qatar's new supreme court has potential to force modernization of legal systemLouay Bahry [Professor of Political Science, University of Tennessee]: "The new Supreme Constitutional Court in Qatar, established by Law No. 12 of 2008 was supposed to start functioning on October 1, 2008, but was postponed for "administrative" reasons. On September 27, 2009 it finally came into being when its head, Mr. Mubarak al-Asiri, Head of the Judiciary Supreme Council, was nominated by Andrew Woodhttp://www.blogger.com/profile/12522683856977385787noreply@blogger.com0tag:blogger.com,1999:blog-20695807.post-60969771474122279742009-10-04T18:05:00.008-04:002009-10-05T12:11:28.170-04:00Legislation is still required to strengthen new policy on use of state secrets privilegeJulian Sanchez [Research Fellow, Cato Institute]: "The administration's new policy on invocation of the state secrets privilege does set a higher transparency standard, but that's largely because their predecessors had to enlist Otto Lidenbrock to get it to the low point it hit in the last administration. But to the extent the checks here remain internal to the executive branch and the Justice Mark Hamiltonhttp://www.blogger.com/profile/18054348314006090468noreply@blogger.com0tag:blogger.com,1999:blog-20695807.post-87325520290959097782009-10-02T08:29:00.008-04:002009-10-02T08:52:15.635-04:00Reluctance to prosecute Chirac reflects French fear of weakened presidencyGino Raymond [Professor of Modern French Studies, University of Bristol, U.K.]: "The recommendation that charges against Jacques Chirac be dropped should come as no surprise. In theory, the judge responsible for the final decision, Xavière Simeoni, is not obliged to abide by the finding of the prosecuting authorities, but to do otherwise would be an extraordinary surprise.In purely pragmatic Mark Hamiltonhttp://www.blogger.com/profile/18054348314006090468noreply@blogger.com0tag:blogger.com,1999:blog-20695807.post-12997668497083597452009-10-01T11:05:00.005-04:002009-10-01T14:50:12.680-04:00UK Director of Public Prosecutions' assisted dying guidelines improves patient choiceJo Cartwright [Campaigns and Press Officer, Dignity in Dying]: "The Director of Public Prosecutions' (DPP) interim guidelines on assisted dying following Debbie Purdy's legal victory represent a small but significant breakthrough for greater patient choice, control and protection at the end of life. We at Dignity in Dying hear from many people who, understandably, do not want to suffer Mark Hamiltonhttp://www.blogger.com/profile/18054348314006090468noreply@blogger.com0tag:blogger.com,1999:blog-20695807.post-35706242205073824012009-09-29T14:47:00.005-04:002009-09-29T19:51:34.584-04:00South Korea should have upheld nighttime assembly ban as a reasonable means to avoid violent protestSean Hayes [International Corporate Practice Group, Joowon Law Firm]: "As most of us in Korea realize, many "peaceful" protests have too often turned violent at night. In the not so distant past, protests over the importation of US beef led to, amongst other things, numerous injuries to police officers, burned buses, Seoul-wide traffic congestion and lost revenues for businesses. Many of the Mark Hamiltonhttp://www.blogger.com/profile/18054348314006090468noreply@blogger.com0tag:blogger.com,1999:blog-20695807.post-89289349182970315622009-09-28T08:55:00.008-04:002009-09-28T09:14:20.428-04:00Police response to G-20 protests included excessive force as means of crowd controlHeidi Boghosian [Executive Director, National Lawyers Guild]: "The police response to protests at the G-20 Summit in Pittsburgh will be remembered as especially brutal, given the debut of military sonic weapons against civilians. Technology used in Iraq, long range acoustic devices (LRADs), are more insidious than other so called less-lethal munitions because they leave no visible marks and can Andrew Woodhttp://www.blogger.com/profile/12522683856977385787noreply@blogger.com0tag:blogger.com,1999:blog-20695807.post-7056123867436019022009-09-27T11:50:00.004-04:002009-09-27T12:05:00.584-04:00China's WTO appeal on US media imports is one of many recent worldwide protectionist measuresEdward Alden [Bernard L. Schwartz Senior Fellow, Council on Foreign Relations]: "Under normal circumstances, China's decision to appeal a recent World Trade Organization ruling against Beijing's restrictions on the import of foreign films, books and music would scarcely have been noticed. In the 13-year history of the WTO's experiment with binding dispute settlement, about 70 percent of the Andrew Woodhttp://www.blogger.com/profile/12522683856977385787noreply@blogger.com0tag:blogger.com,1999:blog-20695807.post-15475617812183334272009-09-27T11:38:00.007-04:002009-09-27T11:48:37.149-04:00Obama administration retains expansive view of state secrets privilege in the courtsBen Wizner [Staff Attorney, American Civil Liberties Union]: "The Department of Justice's new policy on state secrets may turn out to be a small step in the right direction. If it results in fewer - and more nuanced - invocations of the state secrets privilege in future litigation, the Department will deserve some credit.But the new policy will be an empty gesture so long as the Obama Andrew Woodhttp://www.blogger.com/profile/12522683856977385787noreply@blogger.com0