Special US terrorism courts would threaten Constitution: report

[JURIST] Special national security courts to try terrorism suspects are "unnecessary" and "dangerous to traditional constitutional protections," according to a report [text, PDF; advocacy press release] issued Monday by the Constitution Project [advocacy website]. The report was endorsed by a panel of national security experts and legal scholars including General Wesley Clark, Yale Law School
2008-06-23T15:07:00-04:00

Federal appeals court overturns enemy combatant status of Guantanamo detainee

[JURIST] A three-judge panel of the US Court of Appeals for the DC Circuit Monday ordered [PDF text] the US government to release or transfer a Chinese Uighur Muslim [JURIST news archive] detained at Guantanamo Bay, ruling that Huzaifa Parhat had been improperly designated as an enemy combatant by a US Combatant Status Review Tribunal [DOD materials]. Barring release or transfer, the order
2008-06-23T15:07:00-04:00

Abuses of the Takings Clause - Your Home Could Be Next

A look at the abuses of the takings clause by the government which has left citizens destitute and homeless. The work gives special attention to the famous case: Kelo vs. New London. A short read will give you the info you need to protect your rights as a homeowner.
Fri, 13 Jun 2008 13:55:30 -0500

Virginia upholds Vermont grant of same-sex ex-partner child visitation rights

[JURIST] The Supreme Court of Virginia [official website] has upheld [ruling, PDF] the visitation rights of a woman seeking visitation rights to a child born to her former lesbian partner while the two were engaged in a same-sex union under Vermont law [Vermont Act 91 text]. Without reaching the merits of the case [press release], the court ruled Friday for Janet Jenkins against Lisa Miller,
2008-06-09T12:53:00-04:00

American Indian trust mismanagement case goes to trial

[JURIST] The US District Court for the District of Columbia [court website] began hearings Monday in Cobell v. Kempthorne [plaintiff's website; DOJ materials], a class-action suit brought in 1996 alleging US government mismanagement of trust funds for a group of some 500,000 Native Americans and their heirs. Judge James Robertson [official profile] will decide how much the government owes the
2008-06-09T12:53:00-04:00

Executing a Power of Attorney to Help Prevent Foreclosure

One of the most serious decisions homeowners facing foreclosure may be asked to make is to sign over the deed to their home. Transferring ownership of the property diminishes their ability to keep control over the house, and may just reward a scammer with an easy target. Just as serious and potentially dangerous, though, is the decision to sign over a power of attorney to a third party to represent the homeowners.
Wed, 14 May 2008 13:47:19 -0500

Mukasey defends government lawyers who wrote interrogation memos

[JURIST] US Attorney General Michael Mukasey [official profile; JURIST news archive] defended Bush administration attorneys who authored memoranda supporting the legality of coercive interrogating tactics - the so-called "torture memos" [JURIST news archive] - in a commencement address [text] to Boston College Law School graduates Friday. Emphasizing the legal complexity of the issues raised in
2008-05-25T14:27:00-04:00

OPEC antitrust bill 'projection of US economic problems': Iran oil official

[JURIST] National Iranian Oil Co. [corporate website] Director of International Affairs Hojatollah Ghanimi Fard [profile, in Persian] derided US bill HR 6074 [materials] on Saturday, calling it "inexpert" and "a projection of US economic problems" in an interview with Shana [Shana.ir report], the news service of the Iranian Ministry of Petroleum [official website, in Persian]. The proposed
2008-05-25T14:27:00-04:00

Executing a Power of Attorney to Help Prevent Foreclosure

One of the most serious decisions homeowners facing foreclosure may be asked to make is to sign over the deed to their home. Transferring ownership of the property diminishes their ability to keep control over the house, and may just reward a scammer with an easy target. Just as serious and potentially dangerous, though, is the decision to sign over a power of attorney to a third party to represent the homeowners.
Wed, 14 May 2008 13:47:19 -0500

Supreme Court affirms ruling allowing anti-apartheid claims to proceed after recusals

[JURIST] The US Supreme Court [official website; JURIST news archive] Monday affirmed [PDF text] a judgment by the US Court of Appeals for the Second Circuit on an anti-apartheid claims lawsuit on the rare grounds that it lacked a quorum due to four recusals. Am. Isuzu Motors, Inc., et al. v. Ntsebeza, Lungisile, et al involved a huge class of plaintiffs suing several dozen companies which did
2008-05-12T14:39:00-04:00

Supreme Court takes death row habeas claim

[JURIST] The US Supreme Court [official website; JURIST news archive] granted limited certiorari Monday in Bell v. Kelly (07-1223) [docket; cert. petition, PDF], where it will consider whether the US Fourth Circuit Court of Appeals erred when, in conflict with decisions of the Ninth and Tenth Circuits, it applied the deferential standard of 28 U.S.C. � 2254(d), reserved for claims "adjudicated on
2008-05-12T14:39:00-04:00

Jingle Mail And California Law - Giving The Mortgage Back To The Bank

If you owe $800,000 on a $550,000 house, and give the bank the $550,000 house, can the bank then try to collect the $250,000 difference? Or to use the legal terminology, can the bank seek a deficiency judgment? The answer, in California, is probably not...
Tue, 29 Apr 2008 09:25:46 -0500

Pfizer resumes settlement talks with Nigeria state over drug trial lawsuit

[JURIST] US pharmaceutical giant Pfizer [corporate website] resumed settlement negotiations with the Nigerian state of Kano for allegedly illegal clinical trials conducted by the drug company, Kano state Justice Commissioner Aliyu Umar said Monday. Pfizer is accused of administering 200 Nigerian children with meningitis medication - including 100 with the then-experimental anti-biotic Trovan [FDA
2008-04-28T17:37:00-04:00

US House panel threatens to subpoena Ashcroft on DOJ interrogation memo

[JURIST] US House Judiciary Committee Chairman John Conyers (D-MI) [official website] Monday threatened to seek subpoenas [materials] to compel three current and former administration officials, including former Attorney General John Ashcroft [official profile], to testify about a recently released Department of Justice Office of Legal Counsel memorandum [text; JURIST report] that advised the US
2008-04-28T17:37:00-04:00

When The Foreclosure Lawsuit Comes, How Do You File An Answer To The Bank's Complaint?

In nearly all cases of foreclosure, when the bank files its initial lawsuit, the homeowners have a chance to respond to the complaint and file their own answer. The problem is that, while mortgage companies hire local lawyers, the owners of the house may have little idea of how to go about filing an answer. While this is an extremely variable topic, with local, county, and state rules all coming into play, a small introduction may help homeowners find the confidence to take on the bank in court.
Fri, 18 Apr 2008 15:00:53 -0500

Federal appeals judge appointed to top post at FISA review court

[JURIST] Bruce Selya [official profile], a senior circuit judge for the US Court of Appeals for the First Circuit has been designated as presiding judge of the US Foreign Intelligence Surveillance Court of Review [FJC backgrounder]. The designation was made by US Chief Justice John Roberts [Oyez profile; JURIST news archive], in an order dated March 27. The appointment will be effective May 19.
2008-04-14T19:31:00-04:00

Collapsed hedge fund co-founder sentenced to 20 years on fraud charges

[JURIST] A federal judge on Monday sentenced Samuel Israel, III, co-founder of collapsed hedge fund Bayou Group [JURIST report], to 20 years in prison. US District Judge Colleen McMahon also ordered Israel to make $300 million in restitution and forfeit interests in a $100 million account. In 2005, both Israel and Chief Financial Officer Daniel Marino pleaded guilty [JURIST report] to charges
2008-04-14T19:31:00-04:00

Landlord-Tenant Relations in Pittsburgh, PA

Many Pittsburgh landlords are frustrated by the current state of landlord-tenant law, as many rights under current law are ceded to the tenant. Landlord frustration is especially evident in the city proper; Pittsburgh neighborhoods like Oakland and Bloomfield are filled with college students who can be noisy, negligent of property, or late with rent. However, a landlord has certain rights to his or her rental properties, and can require of tenants certain actions and behaviors that are perfectly legal. The following article will explore some landlord rights in the tenant relations and property management arenas.
Thu, 03 Apr 2008 16:28:33 -0500

Expert Witness Testimony for Real Estate

Expert witness analysis and testimony provides both the parties information to settle prior to the actual judicial proceeding. When settlement negotiations are not successful, expert witness testimony provides the trier of fact (judge or jury) information to consider in making their decision. Expert witness testimony is a subset of litigation support services.
Wed, 19 Mar 2008 15:41:22 -0500

Federal appeals court orders new trial for Qwest ex-CEO

[JURIST] The US Court of Appeals for the Tenth Circuit on Monday ordered [PDF text] that former Qwest Communications [corporate website] CEO Joseph Nacchio [JURIST news archive] should be retried before a new federal judge. Nacchio had appealed his April 2007 insider trading conviction [JURIST report] for selling $52 million of Qwest stock in 2001. The court found that US District Judge
2008-03-17T19:36:00-04:00