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News Third Circuit reinstates Vioxx class action lawsuit
Third Circuit reinstates Vioxx class action lawsuit
Andrew Gilmore
September 10, 2008 10:17:00 am

A three-judge panel of the US Circuit Court of Appeals for the Third Circuit reinstated a class-action lawsuit Tuesday against drug maker Merck & Co. over claims relating to its prescription painkiller Vioxx [JURIST news...

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News Pakistan ambassador to US seeks release of nationals from Guantanamo Bay
Pakistan ambassador to US seeks release of nationals from Guantanamo Bay
Andrew Gilmore
September 9, 2008 08:49:00 am

The Pakistani Ambassador to the US, Husain Haqqani , met with US officials on Sunday to discuss the release of six Pakistani citizens currently being held at the US military detention center at Guantanamo Bay ....

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News Poland investigating claims of CIA secret prison
Poland investigating claims of CIA secret prison
Andrew Gilmore
September 5, 2008 03:03:00 pm

A spokesman for Polish Prime Minister Donald Tusk announced Friday that the Polish government is investigating claims that the US Central Intelligence Agency (CIA) operated a secret prison in...

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News Khadr military judge bars Hartmann from legal advisor role
Khadr military judge bars Hartmann from legal advisor role
Andrew Gilmore
September 5, 2008 01:12:00 pm

The military judge presiding over the military commission trial of Guantanamo detainee Omar Khadr on Wednesday barred US Air Force Brig. Gen. Thomas Hartmann from acting as a legal...

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News New York judge dismisses challenge to same-sex marriage recognition
New York judge dismisses challenge to same-sex marriage recognition
Andrew Gilmore
September 3, 2008 04:22:00 pm

Judge Lucy Billings of the New York State Supreme Court dismissed a lawsuit Tuesday that challenged the decision made by New York Governor David Paterson to recognize out-of-state...

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News UN rights office urges Iran to stop executing juvenile offenders
UN rights office urges Iran to stop executing juvenile offenders
Andrew Gilmore
September 3, 2008 03:53:00 pm

The Office of the UN High Commissioner for Human Rights (OHCHR) urged Iran Tuesday to ban the use of the death penalty against juvenile offenders. The OHCHR statement comes as...

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News Canada ombudsman appeals ruling limiting access to government papers
Canada ombudsman appeals ruling limiting access to government papers
Andrew Gilmore
July 22, 2008 02:25:00 pm

The Canadian Office of the Information Commissioner (OIC) announced Monday that it appealed a Federal Court decision in which the Court found that certain notes, records and correspondence generated by government ministers and their staff...

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News Hamdan not entitled to Fifth Amendment protections: military judge
Hamdan not entitled to Fifth Amendment protections: military judge
Andrew Gilmore
July 22, 2008 08:15:00 am

Navy Capt. Keith Allred, the judge presiding over the military commission trial of Salim Ahmed Hamdan , ruled Monday that Hamdan is not entitled to the protection against self-incrimination under the Fifth Amendment...

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News France parliament votes to amend constitution
France parliament votes to amend constitution
Andrew Gilmore
July 21, 2008 05:32:00 pm

The French parliament voted to amend the French Constitution on Monday, passing the amendment package by the necessary three-fifths vote of legislators from both the French National Assembly and Senate . The amendments [draft bill,...

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News Council of Europe report urges nations to make human rights domestic policy issue
Council of Europe report urges nations to make human rights domestic policy issue
Andrew Gilmore
July 21, 2008 03:25:00 pm

Council of Europe Commissioner for Human Rights Thomas Hammarberg released a report on Monday emphasizing the need for European governments to critically examine their human rights records and patterns of discrimination. The report, entitled "Human Rights in...

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Peru dispatch: protesters demand new elections as death toll from political violence surges under newly sworn-in president

Peru dispatch: protesters demand new elections as death toll from political violence surges under newly sworn-in president

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THIS DAY @ LAW

Maurice Papon convicted of war crimes

On April 2, 1998, Maurice Papon was convicted of war crimes for his role in deporting French Jews to concentration camps during the Nazi occupation of France. Under German occupation, Papon served as the supervisor of the Service for Jewish Questions in Bordeaux from which he collaborated with the Nazi S.S. and oversaw the deportation of 1,560 Jewish men, women, and children to concentration camps.

Read an biography of Maurice Papon from the BBC.

Massachusetts enacted Vietnam antiwar bill

On April 2, 1970, the Governor of Massachusetts signed into law an anti-Vietnam War bill providing that no inhabitant of Massachusetts inducted into or serving in the armed forces "shall be required to serve" abroad in an armed hostility that had not been declared a war by Congress under Article I, Section 8, clause 11 of the United States Constitution.

Supporters of the legislation hoped that the US Supreme Court would seize on the obvious conflict that the bill created between state and federal law and would rule on the constitutionality of the Vietnam War itself, but the Court refused to exercise original jurisdiction, forcing the case into the lower federal courts. See Anthony D'Amato, Massachusetts In The Federal Courts: The Constitutionality Of The Vietnam War [PDF], 4 Journal of Law Reform (1970).

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