March 2, 2011 nº 1.013 - Vol. 9
"Even if you are on the right track, you will get run over if you just sit there."
Will Rogers
Insider's view: see how local concerns shape up the global world. Read the daily press review in Migalhas International.
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Supreme Court rules corporations lack 'personal privacy'
The US Supreme Court on Tuesday ruled 8-0 in FCC v. AT&T that the 7(C) "personal privacy" exemption to a Freedom of Information Act (FOIA) request does not apply to corporations. AT&T had opposed the release of various documents, including invoices and e-mails with pricing and billing information, collected in the course of a Federal Communication Commission (FCC) Enforcement Bureau investigation regarding possible overcharging. The documents were sought by CompTel, an industry association representing communications service providers, including some of AT&T's competitors, as part of a request under FOIA. AT&T had argued that the "personal privacy" exemption applied to any legal "person," including corporations. In an opinion authored by Chief Justice John Roberts, the Supreme Court disagreed: "Adjectives typically reflect the meaning of corresponding nouns, but not always. Sometimes they acquire distinct meanings of their own. ... We do not usually speak of personal characteristics, personal effects, personal correspondence, personal influence, or personal tragedy as referring to corporations or other artificial entities. This is not to say that corporations do not have correspondence, influence, or tragedies of their own, only that we do not use the word "personal" to describe them. ... We reject the argument that because "person" is defined for purposes of FOIA to include a corporation, the phrase "personal privacy" in Exemption 7(C) reaches corporations as well. The protection in FOIA against disclosure of law enforcement information on the ground that it would constitute an unwarranted invasion of personal privacy does not extend to corporations." The court also noted that a similarly worded exception to FOIA referenced "personal and medical files" precluding the interpretation that it referred to corporations. Justice Elena Kagan took no part in deciding the case.
Doha Round: US presses China, India and Brazil
The Doha round of trade talks will have no relevance to the modern world unless big emerging economies open up their markets, US officials have warned. Nations such as China, India and Brazil needed to accept "their expanded roles in the global economy", said the office of the US Trade Representative (USTR). The Doha Round was launched in 2001 to boost the world economy and stimulate growth through trade. But the talks have been stalled since 2008 over agriculture imports. The USTR pointed out that the US was being asked for significant tariff cuts on all industrial and agricultural goods and asked emerging economies to "accept responsibility commensurate with their expanded roles in the global economy".
Supreme Court rules dying victim's statement admissible at trial
The US Supreme Court on Monday ruled 6-2 in Michigan v. Bryant that preliminary inquiries of a wounded citizen concerning the perpetrator and circumstances of the shooting are non-testimonial evidence, rendering them admissible in court. The case involved statements made to police by Anthony Covington identifying Richard Bryant as his assailant and stating the location of the shooting as he lay dying in a gas station parking lot. The trial court admitted Covington's statements into evidence, and Bryant was subsequently convicted of second-degree murder. The Michigan Supreme Court reversed, ruling that the testimony was inadmissible hearsay in violation of the Confrontation Clause of the Sixth Amendment, which gives criminal defendants the right to confront witnesses in a court of law. In an opinion delivered by Justice Sonia Sotomayor, the US Supreme Court determined that Covington's statements were admissible and not barred by the Confrontation Clause because they were not testimonial statements, but were statements given "to enable police assistance to meet an ongoing emergency" and were not investigatory in nature. Citing recent cases including Davis v. Washington, Sotomayor wrote that "not all those questioned by the police are witnesses and not all 'interrogations by law enforcement officers' ... are subject to the Confrontation Clause." The court took an objective approach in determining what statements would be admissible.
India Supreme Court finds constitutional right to counsel
The Supreme Court of India has ruled that criminal defendants have a right to counsel under the Indian Constitution. The court found Thursday that under Article 22(1) of the Constitution, a court could not decide a criminal case without a lawyer present for the defendant, and should appoint counsel where the defendant cannot obtain a lawyer. Citing the US Supreme Court cases of Powell v. Alabama, Gideon v. Wainwright and Brewer v. William to support its decision, the Supreme Court of India went on to note that even the defendants at the Nuremberg trials had a right to counsel, as did defendants in England and ancient Rome. From this the court concluded that it was "not bringing into existence a new principle but simply recognizing what already existed and which civilized people have long enjoyed."
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1 - Egypt military sets short timetable for democracy - click here.
2 - Law on citizenship, residency and access to the Vatican - click here.
3 - Judge allows foster care lawsuit against Mass. - click here.
4 - Girl excluded from school for wearing hijab - click here.
5 - Fashion designer John Galliano in court with anti-Semitism accusers - click here.
6 - Police win right to close internet sites - click here.
7 - Court Days Pro -- calculate dates on your iPhone using sophisticated rules - click here.
8 - Motorist in Brazil ploughs through Critical Mass cyclists - click here.
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Baidu put on US pirate-goods list
The US puts China's top search engine Baidu on a list of "notorious markets" for counterfeit and pirated goods.
China's US debt holdings jump 30% easing financing fear
The US owes more money to China than it had previously estimated, government figures show. According to the Treasury Department's revised figures, Beijing's total holding of US debt was $1.16 trillion in December, up $268bn from an initial estimate two weeks ago. China is the largest foreign holder of US securities. The US dollar has weakened against the Yuan making assets more affordable to Chinese investors
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Licitación
La petrolera estatal mexicana Pemex arrancó el martes un proceso de licitación de contratos para exploración y producción de campos de crudo, en lo que representa la mayor apertura del sector en décadas.
Petroleras
La petrolera estadounidense Exxon dijo el martes que vendió a la sociedad argentino-china Bridas Corporation activos de refinación y comercialización en Argentina, Uruguay y Paraguay, en una operación que la prensa local valuó en hasta US$ 700 mlls.
Marca
Colombia: L'Oreal y Paco Rabanne, en pleito por la marca "Million". La multinacional no podrá tener la exclusividad de la marca "Volume Million Lashes" en sus pestañinas, debido a que el signo podría confundir a los usuarios con los productos de Paco Rabanne. Según informe de autoridades de la superintendencia de Industria en Colombia.
UN urges mass Libyan evacuation
The UN calls for a mass humanitarian evacuation for people who have fled from Libya as it suspends the country from its Human Rights Council. Opposition commanders say they have enough troops and arms to mount an offensive against Tripoli and other cities that remain in Moammar Gadhafi's control. But their army does not appear to be a cohesive, professional force. In the dusty outpost of Ajdabiya, men almost seem to be playing at being soldiers. Hilary Clinton said Lybia could face years of civil war as she appeared on Capitol Hill to urge Congress not to cut funds needed to deal with crises abroad.
Sustained oil price rise danger to US economy
The length of time that oil prices remain high will be significant for the US economy, Bernanke has said. He told the Senate Banking Committee that the most likely outcome was a temporary and modest rise in inflation. But he warned that a prolonged rise in oil prices would pose a danger to economic growth in the US. Bernanke said he believed the US economy would continue to grow in 2011, but unemployment would remain high.
Ex-Goldman Sachs director charged with insider trading
A former Goldman Sachs board member has been charged with insider trading. The SEC said Rajat Gupta leaked details about Warren Buffett's $5bn investment in Goldman in 2008 to Galleon Group founder Raj Rajaratnam. The SEC said Gupta had tipped Rajaratnam by phone minutes before the investment by Buffett's Berkshire Hathaway became public knowledge. "Gupta was honoured with the highest trust of leading public companies, and he betrayed that trust by disclosing their most sensitive and valuable secrets," SEC enforcement chief Robert Khuzami said.
German defense minister Guttenberg resigns over thesis
German Defense Minister Karl-Theodor zu Guttenberg has stepped down after he was found to have copied large parts of his 2006 university doctorate thesis. Tens of thousands of German academics have written to Chancellor Angela Merkel complaining about his conduct. He came under pressure after a Bremen University law professor began reviewing his 2006 thesis with the aid of the internet.
European Court bans gender as factor in insurance
Insurers cannot charge different premiums to men and women because of their gender, the European Court of Justice (ECJ) has ruled. The decision means that women can no longer be charged lower car insurance premiums than men, and the cost of buying a pensions annuity will change.
(Click here)
Berlusconi back on trial in Italy
Berlusconi has gone back on trial in Milan but, as expected, has not appeared in court. The tax fraud case involving his Mediaset business empire is the first of four legal battles facing the Italian leader over the next few weeks. The trial was suspended in April 2010 because of a law, now partially struck down, granting him temporary immunity. Two related cases restart in March and he is in court for sex with an under-age prostitute and abuse of power. Berlusconi, 74, has denied all the allegations against him. He argues that he has been targeted as part of a left-wing campaign by Milan magistrates.
Goldman's legal bill could hit $3.4 billion
Goldman Sachs estimates its current legal wrangles could "reasonably" cost the firm $3.4 billion, according to a regulatory filing released Tuesday.
Ivorian papers close in protest
Nine newspapers in Ivory Coast have closed down in protest over what they say is harassment by supporters of President Laurent Gbagbo. The papers - which are either independent or back Mr Gbagbo's rival, Alassane Ouattara - said their staff had suffered more than two months of physical threats. Gbagbo refuses to give up the presidency after November's elections. Ouattara is widely seen as the winner of the poll.
Egyptian stock exchange reopening delayed
The reopening of the Egyptian stock exchange has been delayed to refine ways to support small investors caught out by collapsing share prices. Trading had been expected to resume on Tuesday, but the exchange is now due to reopen on Sunday, March 6. The exchange has been closed for more than a month in the wake of anti-government protests.
Business cards side-lined by digital contact revolution
Industries may change and brand names may come and go, but at least one tradition in the business world has remained largely unchanged for hundreds of years. The exchange of cards between two people who are meeting for the first time is a ritual that goes back as far as business itself. For most of us, the handing over of contact details is an important moment - a clear signal that a connection has been made. But as our lives turn increasingly digital, technology is attempting to provide a range of futuristic alternatives to the old-fashioned card.
India court sentences 11 to death over train fire that sparked riots
A special court in India sentenced 11 Muslims to death Tuesday in connection with the Godhra train burning in 2002 that killed 59 Hindu nationalists and started the 2002 Gujarat riots. Special judge PR Patel handed down death sentences for 11 of 31 convicted last week under the India Penal Code for murder, attempted murder and/or criminal conspiracy. The remaining 20 all received sentences of life imprisonment, and 63 others were acquitted. The convictions were for setting on fire the S6 coach of Sabarmati Express killing 59 people, mostly Vishwa Hindu Parishad members, returning from Ayodhya. The incident triggered riots in Gujarat in which more than 1,200 people were killed, mostly Muslims, in some of the worst violence between Hindus and Muslims in India since gaining independence in 1947. The prosecution had sought the death penalty for all 31 convicted. The defense plans to appeal the death sentences and is prepared to take the matter to India's highest court.
Obama administration challenges health care ruling
The US Department of Justice (DOJ) filed a brief with the US Court of Appeals for the Fourth Circuit Tuesday asking the court to overturn a December decision by the US District Court for the Eastern District of Virginia striking down the individual mandate in the Patient Protection and Affordable Care Act (PPACA). The government argues that Virginia, as a state, lacked standing to challenge the law since the mandate applies only to individuals. The government then argues that, even if the state did have standing, Congress had the power to pass the law under the Constitution's commerce clause:
Argentina court begins trial over 'Dirty War' baby thefts
An Argentine court on Monday commenced the trial of former dictators Jorge Videla and Reynaldo Bignone for allegedly overseeing a systematic plan to steal babies born to political prisoners during the nation's 1976-1983 "Dirty War". The two are accused in 34 separate cases of infants who were taken from mothers held in clandestine torture and detention centers, the Navy Mechanics School and Campo de Mayo army base. The case was opened 14 years ago at the request of Grandmothers of the Plaza de Mayo, and includes as defendants five military judges and a doctor who attended to the detainees. The trial is expected to hear 370 witnesses and last up to a year. With the help of the Grandmothers' DNA database, 102 people born to vanished detainees have recovered their true identities.
Supreme Court hears arguments on definition of 'cocaine base', patent rights
The US Supreme Court heard oral arguments Monday in DePierre v. United States on whether the term "cocaine base" in the Federal Sentencing Guidelines is limited to "crack" cocaine or encompasses all forms of cocaine chemically classified as a base. The US Court of Appeals for the First Circuit ruled that "cocaine base" refers to "all forms of cocaine base, including, but not limited to crack cocaine." Counsel for the petitioner argued that Congress did not intend "cocaine base" to refer to the substances present in the middle of the crack-production process.
Tennessee bill would jail some Shariah followers
A proposed Tennessee law would make supporting portions of the Islamic code known as Shariah law a felony, punishable by 15 years in jail.
Top law schools placed fewer graduates at top firms in 2010
Hiring of graduates of the top law schools by the nation's largest law firms slid by 10% during 2010 compared with 2009. A look at the details shows that the vast majority of those schools sent fewer graduates into the big-firm market. In 2010, the top 50 schools sent 3,822, or 27.3%, of their juris doctor graduates to NLJ 250 firms, compared with 30.3% of their 2009 graduating classes. The top 50 schools produced 13,989 graduates during 2010. Among the 47 schools that made both the 2010 and 2009 lists, 38 sent fewer 2010 graduates to NLJ 250 law firms. Nine schools sent more, compared with their 2009 classes. In other words, 81% of the schools sent a smaller number of graduates to NLJ 250 firms.
Federal judge lends accused gangster tie for trial
An accused gangster nicknamed "Vinny Gorgeous" became even more dapper on Tuesday when the judge in his murder trial lent him a tie after jailers had refused him one. Vincent Basciano is charged with murder and racketeering, crimes he allegedly committed on behalf of the Bonanno crime family in 2004, according to court documents. Basciano, known for his sartorial style, appeared in federal court in Brooklyn for jury selection without a tie. His discomfort was quickly noted by Judge Nicholas Garaufis, who lent him his own tie.
LSE probes Gaddafi son thesis
Asharq Al-Awsat, Pan-Arab daily, London, England
Oman army tries to disperse protests
Egyptian Gazette, English-language, Cairo, Egypt
Training programme for young Emiratis launched
Gulf News, Independent daily, Dubai, United Arab Emirates
Obama talks Mideast peace with Jewish leaders at White House
Haaretz, Liberal daily, Tel Aviv, Israel
YEMEN: U.S. Rebuts Saleh's Charges
IPS Middle East, International cooperative of journalists, Rome, Italy
US ships move toward Libya amid fears of chaos
Khaleej Times, English-language daily, Dubai, United Arab Emirates
Germany's 'Baron Cut-And-Paste' Quits
Nahamet, Online news portal, Beirut, Lebanon
How to make friends and gain influence... by losing employees
Yemen Observer, Sana'a, Republic of Yemen
UN urges mass Libyan evacuation
BBC News, Centrist newscaster, London, United Kingdom
Worldwide pressure on Gadhafi tightens
CNN International, London, United Kingdom
LIBYA: Refugees swamp borders in fleeing Libyan unrest
France 24, Issy-les-Moulineaux, France
Cameron backtracks on Libya no-fly zone plan
Guardian The, Liberal daily, London, United Kingdom
Western Pakistani tribal valley reaches a fragile peace
Hurriyet Daily News, (Liberal, English-language), Istanbul, Turkey
What can the West do now and can anything really hurt Gaddafi?
Independent The, London, United Kingdom
Airport Attack Highlights Loopholes in Security Rules
Moscow Times The, Independent daily, Moscow, Russia
IPCC: Police 999 Call Response Was 'Flawed'
Sky News, Independent newscaster, Middlesex, England
UN suspends Libya from Human Rights Council
Telegraph The, Conservative daily, London, United Kingdom
Dior ambassador Natalie Portman speaks out on Galliano
Telegraph The, London, United Kingdom
Tamil Nadu, Kerala, Puducherry go to the polls on April 13
Hindu The, Left-leaning daily, Chennai, India
Insolvency Dept fails to send Vinod Sekhar to jail
Malaysian Star, Online news portal, Selangor Darul Ehsan, Malaysia
Japanese rugby fans donate $60,000 to Christchurch
New Zealand Herald, Conservative daily, Auckland, New Zealand
Every Brazilian girl can dream of being president: Rousseff
Sify News, Chennai, India
Protests in Middle East a setback for al-Qaida: Gates
Times of India, Conservative, New Delhi, India
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