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 JURIST@pitt.REMOVE_THISedu [JURIST] American Tradition Partnership, Montana Shooting Sports Association [advocacy websites] and Champion Painting have petitioned the US Supreme Court [official website] to reverse the decision by the Montana Supreme Court [official website] in Western Tradition Partnership, Inc. v. Montana that corporations cannot directly contribute to political campaigns or candidates [JURIST report]. The three groups argue that Montana's century-old ban on corporate spending, implemented by the 1912 Corrupt Practices Act [PPL backgrounder], is illegal [Great Falls Tribune report] in light of the Supreme Court's ruling in Citizens United v. Federal Election Commission [JURIST report] that declared that a state cannot impose... http://jurist.org/paperchase/2012/02/groups-petition-supreme-court-to-overturn-montana-ban-on-corporate-campaign-spending.php 2012-02-11T15:18:17-05:00 http://jurist.org/paperchase/2012/02/groups-petition-supreme-court-to-overturn-montana-ban-on-corporate-campaign-spending.php Michael Haggerson ... [JURIST] Apple [corporate website; Bloomberg backgrounder] brought suit against Motorola Mobility [corporate website; Bloomberg backgrounder] in the US District Court for the Southern District of California [official website] on Friday seeking an injunction to stop Motorola from bringing patent claims against Apple in Germany. Motorola's suit in Germany is over patent no. 6,359,898 [text]. Apple contends that Motorola's German suit violates a licensing agreement between Motorola and Qualcomm [Reuters report]. Apple argues that as a customer of Qualcomm it is a third-party beneficiary of the licensing agreement, thus Motorola's right to assert patent claims is exhausted [The IP Law blog... http://jurist.org/paperchase/2012/02/apple-sues-motorola-in-federal-court-over-patent-claims-in-germany.php 2012-02-11T14:30:53-05:00 http://jurist.org/paperchase/2012/02/apple-sues-motorola-in-federal-court-over-patent-claims-in-germany.php Michael Haggerson ... [JURIST] The UN Office of the High Commissioner for Human Rights (OHCHR) [official website] on Friday expressed its concern over the trial of Spanish Judge Baltasar Garzon [BBC profile], which involve his investigations of acts that occurred during the Spanish Civil War. Spokesperson for the OHCHR, Rupert Colville, indicated that judges should not be criminally charged for investigations [UN report] performed within the scope of their judicial duties. Colville stated, "judges should not be subject to criminal prosecution for doing their job...Spain is obliged under international law to investigate past serious human rights violations, including those committed during the Franco... http://jurist.org/paperchase/2012/02/un-concerned-over-prosecution-of-spain-judge-garzon.php 2012-02-11T10:54:35-05:00 http://jurist.org/paperchase/2012/02/un-concerned-over-prosecution-of-spain-judge-garzon.php Jamie Davis ... [JURIST] The US Court of Appeals for the Fifth Circuit [official website] on Friday denied a request [press release] filed by the Center for Reproductive Rights (CRR) [advocacy website] to hold an en banc hearing to reconsider a challenge to a Texas law that requires doctors to perform a sonogram on women before an abortion [JURIST news archive]. The court's refusal means that the appeals court's original decision [opinion, PDF] that the law is enforceable will stand. The Texas law [HB 15, PDF] has been controversial because it requires doctors to describe the details of the sonogram to the woman... http://jurist.org/paperchase/2012/02/federal-appeals-court-refuses-to-reconsider-texas-sonogram-law.php 2012-02-11T09:44:54-05:00 http://jurist.org/paperchase/2012/02/federal-appeals-court-refuses-to-reconsider-texas-sonogram-law.php Jamie Davis ... [JURIST] Former Croatian military commander and senior interior minister Tomislav Mercep [official profile, in Croatian] pleaded not guilty Friday for war crimes committed against Serbians during the 1990s conflict in the Balkans. The Municipal Court in Zagreb charged that he was aware of atrocities against civilians [JURIST report] but prevented other officials from mitigating damages against them. Mercep has also been charged with with ordering detentions, torture and executions of Serbian civilians. Mercep was arrested [JURIST report] in December 2010. His plea and trial are some of the requirements of dealing with past war crimes before Croatia's admittance to the... http://jurist.org/paperchase/2012/02/former-croatia-interior-minister-pleads-not-guity-to-war-crimes-charges.php 2012-02-10T16:30:42-05:00 http://jurist.org/paperchase/2012/02/former-croatia-interior-minister-pleads-not-guity-to-war-crimes-charges.php Jerry Votava ... [JURIST] Human Rights Watch [official website] Director Daniel Bekele [HRW profile] on Friday urged South Sudan to investigate [HRW report] attacks made on Murle villages in December and prosecute those responsible. In this organized attack [UN News Centre report], thousands of armed Lou Nuer villagers invaded the Murle villages, robbing and burning houses and killing thousands of people. South Sudan's government has claimed repeatedly that it will investigate [South Sudan government news reports] the attacks and punish those who are responsible, but HRW says that no progress has been made. "For speed and credibility's sake, the government should ask the... http://jurist.org/paperchase/2012/02/rights-group-urges-south-sudan-to-prosecute-those-responsible-for-ethnic-violence.php 2012-02-10T14:47:19-05:00 http://jurist.org/paperchase/2012/02/rights-group-urges-south-sudan-to-prosecute-those-responsible-for-ethnic-violence.php Jaimie Cremeans ... [JURIST] The UN Office of the High Commissioner for Human Rights (OHCHR) [official website] Friday reiterated its call for international action to protect civilians in Syria [JURIST news archive], calling for Syrian officials suspected of crimes against humanity to be tried before the International Criminal Court (ICC) [official website]. High Commissioner Navi Pillay [official profile] is now scheduled to address the UN General Assembly [UN News Centre report] on Monday regarding the latest humanitarian developments in Syria, where the ongoing uprising challenging the autocratic rule of President Bashar Assad has resulted in a bloody government crackdown that has seen more... http://jurist.org/paperchase/2012/02/un-rights-office-calls-for-icc-trial-for-syria-officials.php 2012-02-10T14:06:50-05:00 http://jurist.org/paperchase/2012/02/un-rights-office-calls-for-icc-trial-for-syria-officials.php Jerry Votava ... [JURIST] The Virginia Senate [official website] approved a bill [text, PDF] Wednesday that would allow private adoption agencies to refuse placement to families if the agency, or anyone affiliated with it, disagrees with the proposed placement based on religious beliefs. Effectively, this bill would allow adoption agencies to refuse to adopt to same-sex couples. It has already been passed [JURIST report] by the the Virginia House of Delegates [official website], and Governor Bob McDonnell [official profile] said he will sign the bill if it makes it to his desk. The bill provides, in relevant part: No private child-placing agency shall... http://jurist.org/paperchase/2012/02/virginia-senate-approve-bill-allowing-adoption-agencies-to-refuse-placement.php 2012-02-10T12:46:18-05:00 http://jurist.org/paperchase/2012/02/virginia-senate-approve-bill-allowing-adoption-agencies-to-refuse-placement.php Matthew Pomy ... [JURIST] Ugandan MP David Bahati announced on Friday that clauses mandating the death penalty for "aggravated homosexuality" would be dropped from the controversial bill that would criminalize homosexuality. The bill was reintroduced [JURIST report] to the Parliament of Uganda [official website] on Tuesday in its original form, but Bahati stated that there were plans to remove certain provisions. Bahati said in 2010 that the purpose of the bill was to prevent foreigners from corrupting Ugandan children [YouTube video] by giving them money and convincing them to become homosexuals. Bahati stated that provisions imposing jail time for individuals married to someone... http://jurist.org/paperchase/2012/02/uganda-to-drop-death-penalty-from-bill-criminalizing-homosexuality.php 2012-02-10T12:00:35-05:00 http://jurist.org/paperchase/2012/02/uganda-to-drop-death-penalty-from-bill-criminalizing-homosexuality.php Michael Haggerson ... [JURIST] Amerigo Incalcaterra, the regional representative for South America [official website, Spanish] from the UN Office of the High Commissioner for Human Rights (OHCHR) [official website], expressed concern [press release, Spanish] Tuesday over the violence in prisons in South America after the death of at least three prisoners in Uruguay, two in Argentina, two in Venezuela and one in Chile over the last few days. The OHCHR sets out guidelines for the treatment of prisoners through General Comment No. 9 [text], issued in 1982, which Incalcaterra notes should have been followed more closely in order to prevent the inhumane treatment... http://jurist.org/paperchase/2012/02/un-rights-office-expresses-concern-over-death-of-south-american-prisoners.php 2012-02-10T11:35:11-05:00 http://jurist.org/paperchase/2012/02/un-rights-office-expresses-concern-over-death-of-south-american-prisoners.php Matthew Pomy ... [JURIST] James Connell, defense lawyer for suspected 9/11 [JURIST backgrounder] conspirator Ali Abdul Aziz Ali, filed suit in the US District Court for the District of Columbia [official website] on Wednesday challenging an order for military officials to read all legal correspondence between the lawyers of the suspected 9/11 conspirators and their clients. Rear Adm. David Woods [official profile] has testified [JURIST report] that the policy balances his responsibilities to facilitate attorney-client communication while also ensuring security, safety, guard protection and good order at the facility. Specifically Woods testified that the reviewers do not actually read correspondence, but simply look... http://jurist.org/paperchase/2012/02/lawyer-for-911-suspect-challenges-government-review-of-legal-correspondence.php 2012-02-10T11:28:02-05:00 http://jurist.org/paperchase/2012/02/lawyer-for-911-suspect-challenges-government-review-of-legal-correspondence.php Michael Haggerson ... [JURIST] The Senate Judiciary Committee [official website] on Thursday voted 11-7 [CSPAN video] in favor of a bill [S 1945 text, PDF] that would allow televising of US Supreme Court [official website] proceedings. Currently, only few citizens can hear the proceedings in person, and audio recordings are released after the proceedings are over. However, the bill would not make televising proceedings mandatory: "The Supreme Court shall permit television coverage of all open sessions of the Court unless the Court decides, by a vote of the majority of justices, that allowing such coverage in a particular case would constitute a violation... http://jurist.org/paperchase/2012/02/senate-panel-approves-bill-to-televise-supreme-court-proceedings.php 2012-02-10T11:06:54-05:00 http://jurist.org/paperchase/2012/02/senate-panel-approves-bill-to-televise-supreme-court-proceedings.php Sung Un Kim ... [JURIST] The UN Support Mission in Libya (UNSMIL) [official website] on Thursday welcomed the new electoral law [press release, PDF] adopted by the National Transitional Council (NTC) [official website, in Arabic; JURIST news archive]. The draft of the electoral law was finalized on Wednesday after the earlier version [text, PDF; JURIST report] was revised to address criticisms of the public. The new law sets out procedures for the upcoming election to choose a national assembly. After elected, its responsibility will be to draft a new constitution for the country. The finalized law provides that 20 percent of the 200 seats... http://jurist.org/paperchase/2012/02/un-welcomes-new-libya-electoral-law.php 2012-02-10T10:18:05-05:00 http://jurist.org/paperchase/2012/02/un-welcomes-new-libya-electoral-law.php Sung Un Kim ... [JURIST] Iraq [JURIST news archive] has executed 65 people [press release] so far this year, Human Rights Watch (HRW) [advocacy website] reported Thursday. HRW said those executed were convicted of various crimes and counted a total of 51 in January and 14 in February. HRW also called for a moratorium on all future executions, and called for "an overhaul of [Iraq's] flawed criminal justice system." In its statement, HRW also said:Human Rights Watch is particularly concerned that Iraqi courts admit as evidence confessions obtained under coercion. The government should disclose the identities, locations, and status of all prisoners on death... http://jurist.org/paperchase/2012/02/iraq-conducted-65-executions-since-start-of-2012-hrw.php 2012-02-09T13:35:34-05:00 http://jurist.org/paperchase/2012/02/iraq-conducted-65-executions-since-start-of-2012-hrw.php Jerry Votava ... [JURIST] The US Supreme Court [official website] on Wednesday denied [text, PDF] Ohio's request to put a condemned killer to death, effectively putting the state's executions on hold. Without comment, the court refused [AP report] to allow Ohio to execute Charles Lorraine, a 45-year-old man who was convicted in 1986 of killing an elderly couple. Though Ohio Governor John Kasich [official website] rejected Lorraine's plea for mercy, the execution has been consistently delayed by federal courts over growing concerns that the state deviates too often from its lethal injection rules. Despite Ohio Attorney General Mike DeWine's argument [text, PDF] that... http://jurist.org/paperchase/2012/02/supreme-court-blocks-ohio-execution.php 2012-02-09T13:33:46-05:00 http://jurist.org/paperchase/2012/02/supreme-court-blocks-ohio-execution.php Brandon Gatto ... [JURIST] US Attorney General Eric Holder, along with Department of Housing and Urban Development Secretary Shaun Donovan [official websites] and 49 state attorneys general announced [press release; official website] Thursday that a $25 billion agreement was reached with the nation's five largest mortgage servicers to address mortgage loan servicing and foreclosure abuses. This agreement is the largest joint federal-state settlement ever obtained and includes mortgage servicers Bank of America Corporation, JPMorgan Chase & Co., Wells Fargo & Company, Citigroup Inc. and Ally Financial Inc. (formerly GMAC) [corporate websites]. Holder announced:The joint federal-state agreement requires servicers to implement comprehensive new mortgage... http://jurist.org/paperchase/2012/02/federal-state-ags-reach-agreement-in-foreclosure-investigation.php 2012-02-09T13:11:14-05:00 http://jurist.org/paperchase/2012/02/federal-state-ags-reach-agreement-in-foreclosure-investigation.php Jamie Reese ... [JURIST] The Electronic Privacy Information Center (EPIC) [advocacy website], a consumer privacy group, filed a lawsuit [complaint, PDF; press release] Wednesday in the US District Court for the District of Columbia [official website] asking that the Federal Trade Commission (FTC) [official website] block Google's [corporate website] proposed privacy policy changes [text]. EPIC alleged that the changes to the privacy policy are in violation of a settlement [JURIST report] reached by the FTC and Google in October over a breach of consumer privacy rights and misleading consumers during the launch of Google Buzz, a social networking service. EPIC claims that Google... http://jurist.org/paperchase/2012/02/consumer-watchdog-files-suit-to-block-google-privacy-changes.php 2012-02-09T13:02:07-05:00 http://jurist.org/paperchase/2012/02/consumer-watchdog-files-suit-to-block-google-privacy-changes.php Jerry Votava ... [JURIST] The implementation of the rule of law in Haiti is making significant progress [press release], UN Independent Expert Michel Forst said Wednesday. Forst focused on improvements such as the establishment of judicial offices, the adoption of the International Covenant on Economic, Social and Cultural Rights [text, PDF] and the recent conviction of eight police officers [JURIST report] in a post-earthquake shooting. He said he was disappointed in the recent decision by Haiti's Investigative Magistrate Carves Jean that former president Jean-Claude Duvalier [BBC backgrounder; JURIST news archive] will not stand trial [JURIST report] for crimes against humanity, including torture, false... http://jurist.org/paperchase/2012/02/haiti-rule-of-law-has-made-significant-progress-un-expert.php 2012-02-09T13:01:09-05:00 http://jurist.org/paperchase/2012/02/haiti-rule-of-law-has-made-significant-progress-un-expert.php Rebecca DiLeonardo ... [JURIST] Former Maldives president Mohamed Nasheed said Thursday he would remain in the country [BBC video] and try to regain his office after reports indicated that a warrant has been issued for his arrest. The specific charges are unclear [BBC report], but Nasheed maintains that the warrant is politically motivated. Nasheed, who resigned on Tuesday [press release; JURIST report], has said that he was forced out of office in a coup. Nasheed told reporters Thursday that he would remain for the good of the country: "They are going to arrest me [but] I am certain that you cannot suppress anything... http://jurist.org/paperchase/2012/02/maldives-issues-arrest-warrant-for-ex-president.php 2012-02-09T12:17:12-05:00 http://jurist.org/paperchase/2012/02/maldives-issues-arrest-warrant-for-ex-president.php Rebecca DiLeonardo ... [JURIST] The Spanish Supreme Court [official website, in Spanish] on Thursday convicted [press release, in Spanish] Spanish Judge Baltasar Garzon [BBC profile; JURIST news archive] of ordering illegal wiretaps in jailhouses, after a trial lasting less than one month [JURIST report]. The court announced in October that Garzon would stand trial on the charges after the he was indicted in April [JURIST reports] for ordering the placement of wiretaps in jailhouses to record conversations between inmates and their lawyers. Garzon gave the order as part of an investigation into a network of businesses that allegedly gave money and gifts to... http://jurist.org/paperchase/2012/02/spain-high-court-convicts-judge-garzon-in-wire-tapping-case.php 2012-02-09T12:00:33-05:00 http://jurist.org/paperchase/2012/02/spain-high-court-convicts-judge-garzon-in-wire-tapping-case.php Maureen Cosgrove ... [JURIST] A rising crime rate in Caribbean nations is one of the main challenges threatening those nations' economies, the UN Development Programme (UNDP) [official website] reported [text, PDF] Wednesday. According to the Caribbean Human Development Report 2012, the "region is home to 8.5 percent of the world's population, yet it concentrates some 27 percent of the world's homicides. Violence and crime are therefore perceived by a majority of Latin American and Caribbean citizens as a top pressing challenge." Gang-related violence [press release] specifically plays a large role in destabilizing economies throughout the Caribbean. The report estimates that the cost of... http://jurist.org/paperchase/2012/02/un-report-finds-rise-in-criminal-violence-harmful-to-caribbean-economies.php 2012-02-09T11:27:35-05:00 http://jurist.org/paperchase/2012/02/un-report-finds-rise-in-criminal-violence-harmful-to-caribbean-economies.php Jennie Ryan ... [JURIST] The Russian State Duma [official website, in Russian] on Tuesday approved [press release, in Russian] legislation imposing stricter penalties for individuals convicted of sex offenses against minors. The legislation, initiated by Russian President Dmitry Medvedev [official website, in Russian; JURIST news archive], prohibits probation and sentence deferrals for perpetrators and provides that repeat offenders could face up to life in prison. Offenders are also permitted to voluntarily submit to chemical castration, a reversible process consisting of a series of chemical injections that hinder the effects of the male hormone testosterone. Offenders who are close relatives, teachers, or caregivers of... http://jurist.org/paperchase/2012/02/russia-lawmakers-approve-stricter-sex-offender-law.php 2012-02-09T11:00:35-05:00 http://jurist.org/paperchase/2012/02/russia-lawmakers-approve-stricter-sex-offender-law.php Maureen Cosgrove ... [JURIST] US and Arab Gulf states are not legally bound by a decision to grant immunity to Yemeni President Ali Abdullah Saleh [official website, in Arabic; JURIST news archive] and should refrain from doing so, Human Rights Watch (HRW) [advocacy website] said in a report [text] released Wednesday. Last month, the Yemeni parliament approved a bill granting complete immunity [JURIST report] to Saleh for crimes committed during his regime in exchange for him stepping down. In the report, HRW recommends [press release] that all countries "impose an asset freeze and travel ban on President Saleh" and other top Yemeni official... http://jurist.org/paperchase/2012/02/us-arab-states-not-bound-by-grant-of-immunity-to-yemen-president-hrw.php 2012-02-09T10:55:10-05:00 http://jurist.org/paperchase/2012/02/us-arab-states-not-bound-by-grant-of-immunity-to-yemen-president-hrw.php Jennie Ryan ... [JURIST] A judge for the US District Court for the Western District of Kentucky [official website] on Wednesday allowed "secret evidence" to be used against an Iraqi refugee for terrorism charges, finding probable cause that he is "an agent of a foreign power." Mohanad Shareef Hammadi is charged with attempting to provide material support to terrorists and terrorist organizations and conspiracy to transfer weapons to terrorist organizations, specifically al Qaeda [JURIST news archive]. Judge Thomas Russell, after assessing all of the prosecution's files, ruled that Hammadi's attorneys may not review warrants and information gained by surveillance, in addition to withholding... http://jurist.org/paperchase/2012/02/federal-judge-allows-secret-evidence-in-al-qaeda-trial.php 2012-02-09T08:47:30-05:00 http://jurist.org/paperchase/2012/02/federal-judge-allows-secret-evidence-in-al-qaeda-trial.php Julia Zebley ... [JURIST] The Washington state House of Representatives [official website] voted 53-43 Wednesday to approve a bill [HB 6239] to legalize same-sex marriage [JURIST backgrounder]. Washington currently grants expanded domestic partnership rights [JURIST report] rather than full marriage or civil union rights to same-sex couples. The Senate passed the bill [JURIST report] last week, and Governor Christine Gregoire [official website] is expected to sign it into law next week. Gregoire has been a major supporter of gay rights in her term as governor and originally proposed a marriage bill in the state Congress. In a statement, she praised the bill's passage:This... http://jurist.org/paperchase/2012/02/washington-house-approves-same-sex-marriage-bill.php 2012-02-09T07:43:21-05:00 http://jurist.org/paperchase/2012/02/washington-house-approves-same-sex-marriage-bill.php Julia Zebley ...