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News WA Supreme Court overturns death sentence due to jury prejudice
WA Supreme Court overturns death sentence due to jury prejudice
Chris Buell
November 5, 2004 12:05:00 pm

The Washington state Supreme Court has overturned a death sentence, ruling that the jury may have been prejudiced by the sight of ankle shackles on the defendant, Cecil E. Davis. Davis was convicted of murdering a 65-year-old neighbor, but...

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News Military lawyer recommends Navy not court-martial SEAL on abuse charges
Military lawyer recommends Navy not court-martial SEAL on abuse charges
Chris Buell
November 5, 2004 11:39:00 am

A military lawyer has recommended that a Navy SEAL accused of abusing prisoners in Iraq should not be court-martialed, the San Diego Union-Tribune reported Friday. The lawyer instead recommended a nonjudicial punishment for the SEAL. The decision on whether...

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News BREAKING NEWS ~ Saskatchewan court approves same-sex marriages
BREAKING NEWS ~ Saskatchewan court approves same-sex marriages
Chris Buell
November 5, 2004 11:19:00 am

A Saskatchewan judge has ruled that a Canadian federal law on marriage is unconsitutional, making it the seventh jurisdiction in the country to approve same-sex marriages. The Supreme Court of Canada is expected to rule on proposed legislation legalizing...

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News Japan’s prisons overcrowded, Justice Ministry warns
Japan’s prisons overcrowded, Justice Ministry warns
Chris Buell
November 5, 2004 11:02:00 am

The Japanese Ministry of Justice has warned in a report Friday that the country's prison system is overwhelmed, with some prisons unable to accommodate any more prisoners. The system is at about 117 percent capacity, which is the highest...

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News Canadian immigration website flooded with US visitors after election
Canadian immigration website flooded with US visitors after election
Chris Buell
November 5, 2004 10:25:00 am

A website for Canada's Citizenship and Immigration agency was flooded with US visitors following the news of Tuesday's elections results. Officials said American traffic on the site was six times higher than normal, and the previous record for hits...

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News Putin signs Kyoto Protocol, giving treaty enough signatures to take effect
Putin signs Kyoto Protocol, giving treaty enough signatures to take effect
Chris Buell
November 5, 2004 09:48:00 am

Russian President Vladimir Putin signed the Kyoto Protocol Friday, completing Russia's ratification of the treaty and giving the global warming accord enough signatures to come into force as early as next year. The treaty now has the backing of...

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News Incoming EU commissioners slate finalized with new Justice nominee
Incoming EU commissioners slate finalized with new Justice nominee
Chris Buell
November 5, 2004 09:15:00 am

Incoming European Commission President Jose Manuel Barroso has finalized a new team of commissioners that appeared to put the power transition of the European Union back on track. Most notably, Barroso replaced controversial Justice portfolio nominee Rocco Buttiglione with...

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News Legal agenda and live webcasts ~ Friday, Nov. 5
Legal agenda and live webcasts ~ Friday, Nov. 5
Chris Buell
November 5, 2004 07:45:00 am

Here's a run-down of law-related events, expected developments and live webcasts on JURIST's docket for Friday, Nov. 5.The Cato Institute is holding a briefing on Congressional legislation of computer spyware, featuring Orson Swindle of the Federal Trade Commission. Audio...

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News Legal agenda and live webcasts ~ Thursday, Nov. 4
Legal agenda and live webcasts ~ Thursday, Nov. 4
Chris Buell
November 4, 2004 07:00:00 am

Here's a run-down of law-related events, expected developments and live webcasts on JURIST's docket for Thursday, Nov. 4.C-SPAN's Washington Journal takes a look at how President Bush's election victory could shape the Supreme Court over his next term. Watch...

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News BREAKING NEWS ~ Knesset approves compensation plan for Israeli settlers
BREAKING NEWS ~ Knesset approves compensation plan for Israeli settlers
Chris Buell
November 3, 2004 11:03:00 am

AP is reporting that the Knesset has approved a compensation plan for Israeli settlers displaced by Prime Minister Ariel Sharon's Gaza withdrawal plan. AP has background here....

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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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