The US Court of Appeals for the Fourth Circuit on Monday ordered parties to file briefs discussing whether the challenge to the health care reform law is barred by a federal law that prevents injunctions against taxes before the tax is imposed. The lawsuits in this consolidated appeal challenge the constitutionality of the individual mandate, [...]
The International Criminal Tribunal for Rwanda (ICTR) used a new procedure Monday to begin hearing evidence against alleged genocide financier Felicien Kabuga who has yet to be arrested. The special deposition hearing allows for evidence to be heard before the court and preserved in the accused’s absence pursuant to the new Rule 71 bis of [...]
JURIST Guest Columnist Gregory Gordon of the University of North Dakota School of Law says that in light of the case of Joshua arap Sang, and for purposes of educating the public and deterring future would-be perpetrators, we need a more accurate understanding of the rapidly evolving area of international speech crime law… An article [...]
Violent crime is down 5.5 percent from 2009 to 2010, according to preliminary data released Monday but the US Federal Bureau of Investigation (FBI) . The Preliminary Annual Uniform Crime Report, January-December 2010 also showed a decrease in murder by 4.4 percent and in rape by 4.2 percent. The highest drop was the decrease in [...]
Continued ethnic violence in Myanmar presents “serious limitations” to the government’s transition to democracy, according to Tomas Ojea Quintana , a UN Special Rapporteur for human rights in Myanmar. Quintana made a statement Monday in conclusion to his mission to Thailand to study the government of Myanmar, where he has not been allowed to visit. [...]
Ousted Honduran president Manuel Zelaya signed an agreement Sunday allowing his return to the country after nearly two years in exile. The agreement, brokered by the Venezuelan and Colombian governments, was signed in Cartagena, Colombia, by Zelaya and current President Porfirio Lobo. The move clears the way for Honduras to be readmitted to the Organization [...]
As many as 300 people died and 700 were injured during the month-long uprising in Tunisia earlier this year, UN Special Rapporteur on Torture Juan Mendez said Saturday. The death toll is much higher than originally thought. Mendez is in Tunisia to assess the transition of the interim government and investigate the acts of violence. [...]
The US Supreme Court ruled Monday in General Dynamics Corp v. United States that when the court dismisses a valid prima facie affirmative defense to the government’s breach of contract claim under the state secrets privilege , the proper remedy is to leave the parties in the same position as they were in before the [...]
The US Supreme Court on Monday ruled in Brown v. Plata to uphold the order requiring California to release up to 46,000 prisoners to remedy the state’s overcrowded prisons . In the 5-4 decision written by Justice Anthony Kennedy, the court concluded that the extreme overcrowding of the California prison system is causing inmates to [...]
The US Supreme Court granted certiorari Monday in Kawashima v. Holder to clarify what counts as an aggravated felony for purposes of removing an immigrant from the country. Petitioners Akio and Fusako Kawashima are natives and citizens of Japan who were living in California as lawful permanent residents. Petitioners were charged with, and pleaded guilty [...]