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International court approves Afghanistan investigation
Corporate Governance |
2020/03/11 12:55
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International Criminal Court judges authorized a far-reaching investigation Thursday of war crimes and crimes against humanity allegedly committed by Afghan government forces, the Taliban, American troops and U.S. foreign intelligence operatives.
The appellate ruling marked the first time the court’s prosecutor has been cleared to investigate U.S. forces, and set the global tribunal on a collision course with the Trump administration.
Prosecutor Fatou Bensouda pledged to carry out an independent and impartial investigation and called for full support and cooperation from all parties.
“The many victims of atrocious crimes committed in the context of the conflict in Afghanistan deserve to finally have justice,” Bensouda said. “Today they are one step closer to that coveted outcome.”
Washington, which has long rejected the court’s jurisdiction and refuses to cooperate with it, condemned the decision while human rights groups and lawyers for victims applauded it.
A five-judge appellate panel upheld an appeal by prosecutors against a pretrial chamber’s rejection in April last year of Bensouda’s request to open a probe in Afghanistan.
While acknowledging that widespread crimes have been committed in Afghanistan, pretrial judges had said an investigation wouldn’t be in the interests of justice because the expected lack of cooperation meant convictions would ultimately be unlikely. |
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Man Stirs the Pot by Lighting Joint in Court
Corporate Governance |
2020/01/28 11:02
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The rapper Afroman famously sang about how getting high on marijuana prevented him from going to court. A Tennessee man decided to combine the two when he lit a marijuana cigarette in the courtroom, authorities said.
Spencer Alan Boston, 20, was arrested Monday and charged with disorderly conduct and simple possession after sparking up in the courtroom, news outlets reported.
Wilson County Sheriff Robert Bryan said Boston was in court Monday on a simple drug possession charge. Boston approached the bench to discuss his sentence but instead expressed his views on legalizing marijuana.
Boston reached in his pocket, pulled out a marijuana cigarette, lit it, smoked it and was immediately taken into custody, Bryan said.
Sheriff’s Office Lt. Scott Moore said the courtroom crowd chuckled. It’s unclear whether Boston lit up a joint or a blunt but Bryan said the defendant’s marijuana did have a strong odor.
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Prominent Chinese rights lawyer tried in closed proceedings
Corporate Governance |
2018/12/27 01:19
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The trial of a prominent human rights lawyer began in northern China on Wednesday with about two dozen plainclothes officers stationed outside a courthouse and at least one supporter taken away by police.
Reporters, foreign diplomats and supporters were prevented from approaching the municipal court in Tianjin city where lawyer Wang Quanzhang was being tried. Wang's wife, Li Wenzu, was kept from attending the proceedings by security agents who had blocked the exit of her apartment complex since Tuesday.
Li told The Associated Press by phone Wednesday that Liu Weiguo, Wang's government-appointed lawyer, confirmed the trial had started. But he did not tell her whether it was now over or whether a verdict had been reached.
The court said in a statement on its website that it "lawfully decided not to make public" the trial hearings because the case involved state secrets. A decision will be announced at a future date, the court said.
Wang is among more than 200 lawyers and legal activists who were detained in a sweeping 2015 crackdown. A member of the Fengrui law firm, among the most recognized in the field broadly known in China as "rights defending," he was charged with subversion of state power in 2016. He has been held without access to his lawyers or family for more than three years.
Fengrui has pursued numerous sensitive cases and represented outspoken critics of the ruling Communist Party. Wang represented members of the Falun Gong meditation sect that the government has relentlessly suppressed since banning it as an "evil cult" in 1999. Group leaders have been sentenced to lengthy prison terms and ordinary followers locked up as alleged threats. |
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Supreme Court rejects Trump plea to enforce asylum ban
Corporate Governance |
2018/12/22 12:19
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A divided Supreme Court won’t let the Trump administration begin enforcing a ban on asylum for any immigrants who illegally cross the U.S.-Mexico border. Chief Justice John Roberts joined his four more liberal colleagues Friday in ruling against the administration in the very case in which President Donald Trump had derided the “Obama judge” who first blocked the asylum policy.
New Justice Brett Kavanaugh and three other conservative justices sided with the administration. There were no opinions explaining either side’s votes.
The court’s order leaves in place lower court rulings that blocked Trump’s proclamation in November automatically denying asylum to people who enter the country from Mexico without going through official border crossings.
Trump said he was acting in response to caravans of migrants making their way to the border. The administration had also complained that the nationwide order preventing the policy from taking effect was too broad. But the court also rejected the administration’s suggestion for narrowing it.
Lee Gelernt, an American Civil Liberties Union leading the court challenge, said the high court’s decision “will save lives and keep vulnerable families and children from persecution. We are pleased the court refused to allow the administration to short-circuit the usual appellate process.”
The high court action followed a ruling Wednesday by U.S. District Judge Jon Tigar that kept the ban on hold pending the outcome of a lawsuit challenging it. The case could take months to resolve.
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Fight over report on Wynn allegations back in court Jan. 4
Corporate Governance |
2018/12/21 12:20
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The fight over a Massachusetts Gaming Commission report on allegations of sexual misconduct against former casino mogul Steve Wynn will be back in a Nevada courtroom next month.
Clark County District Judge Elizabeth Gonzalez on Thursday set a Jan. 4 court hearing on whether to extend an order blocking the report's release. It details an investigation into how Wynn Resorts handled the allegations and could affect whether the company keeps a gambling license for a $2 billion casino and hotel set to open near Boston in June.
Wynn has denied allegations of misconduct and sued last month to keep the report from going public. He argued that it contains confidential information obtained from his attorneys, which is protected by attorney-client privilege.
Wynn resigned from his company in February, and his name has been stripped from the new casino. It is now called Encore Boston Harbor.
Wynn Resorts attorney Patrick Byrne said Thursday that the company supports the investigation and is cooperating with Massachusetts regulators.
Ahead of the January hearing, Wynn's attorneys are negotiating with Wynn Resorts and the Massachusetts Gaming Commission over what interviews and documents his lawyers can review to determine if they're privileged.
The Nevada judge is expected to rule on areas where the attorneys can't agree.
The gaming commission's attorney, Michael Rawlins, questioned how much access Wynn should be given and whether the ex-mogul's lawyers would seek to review even more elements of the unpublished report.
Rawlins said in court Thursday that the commission wants to move forward quickly but "we do not want to open the investigative files of a law enforcement agency to the curious eyes of the person whose behavior is the subject of the investigation."
Judge Gonzalez said she understood why the commission was reluctant to share its information but that some documents needed to be disclosed to determine whether Wynn's attorney-client privilege was violated.
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Human rights court rules against Greece in Sharia law case
Corporate Governance |
2018/12/14 10:51
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Greece violated a prohibition on discrimination by applying Islamic religious law to an inheritance dispute among members of the country's Muslim minority, the European Court of Human Rights ruled Wednesday.
The court, based in the eastern French city of Strasbourg, ruled Greece violated the European Convention on Human Rights by applying Sharia law in the case, under which a Muslim Greek man's will bequeathing all he owned to his wife was deemed invalid after it was challenged by his sisters.
The man's widow, Chatitze Molla Sali, appealed to the European court in 2014, having lost three quarters of her inheritance. She argued she had been discriminated against on religious grounds as, had her husband not been Muslim, she would have inherited his entire estate under Greek law.
The European court agreed. It has not yet issued a decision on what, if any, penalty it will apply to Greece.
"Greece was the only country in Europe which, up until the material time, had applied Sharia law to a section of its citizens against their wishes," the court said in its ruling.
"That was particularly problematic in the present case because the application of Sharia law had led to a situation that was detrimental to the individual rights of a widow who had inherited her husband's estate in accordance with the rules of civil law but who had then found herself in a legal situation which neither she nor her husband had intended."
Molla Sali's husband had drawn up his will according to Greek law, and both a first instance and an appeals court initially ruled in her favor in the dispute with her sisters-in-law. But further court decisions ruled that inheritance issues within the Muslim minority had to be dealt with under Islamic religious law, and the will was deemed invalid.
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Defamation lawsuit against activist continues in state court
Corporate Governance |
2018/12/08 11:07
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A Maine activist who accused an orphanage founder in Haiti of being a serial pedophile asked the state supreme court on Tuesday to dismiss a defamation lawsuit that was moved from federal court.
An attorney for Paul Kendrick told justices that the assertions were protected by a Maine law that protects people from meritless suits aimed at chilling First Amendment rights.
The argument that invoked Maine's Anti-SLAPP statute was met with skepticism from justices who questioned whether the law was intended to apply to harassment and cyberbullying.
But Supreme Court Chief Justice Leigh Saufley suggested there's a balancing act when between free speech and defamation.
"Are we not sliding into an areas where we have to be very careful not to chill the voices of people who say we must speak up in support of children who have been abused?" she asked an attorney at one point. "We know that if people are afraid to speak up that abuse can go on for decades."
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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