August 29, 2011 nº 1,084 - Vol. 9
"The great thing in the world is not so much where we stand, as in what direction we are moving."
Oliver Wendell Holmes
Insider's view: see how local concerns shape up the global world. Read the daily press review in Migalhas International.
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Messing with the bankruptcy system
This summer, the United States Supreme Court joggled the bankruptcy court system, ruling that the Constitution prevented a California bankruptcy judge from entering a final order on a compulsory counterclaim in Anna Nicole Smith's bankruptcy case.The problem created by this case, Stern v. Marshall, is that most debts and estate assets are creations of state contract law, and thus while the court's majority proclaims the modesty of its decision, the ruling really has the potential to upend a great deal of routine bankruptcy practice. Specifically, it may be that a lot of bankruptcy court orders will now have to be subject to final approval by the local district court. And while that might not seem too bad, keep in mind that in many jurisdictions, especially those in big urban areas, the district judges are already quite busy with criminal trials and the like. Bankruptcy cases could well face long delays as a result of the Supreme Court's actions. The counterargument is that the debtors' entered into the commitment letter only after court approval, the letter is an integral part of the debtors' plan, and the plan itself retains jurisdiction in the bankruptcy court to hear disputes about the letter. This argument would have been even stronger if the debtors had incorporated the letter agreement by reference into the plan, but it will probably prevail in any event. Which illustrates perhaps the biggest problem about the Supreme Court's ruling: its potential to create wasteful litigation about whether or not the bankruptcy court can enter a final order in a particular matter. And equally ominous is the Chief Justice's pointed suggestion that, if presented, he would be open to the idea that that entire bankruptcy court system is unconstitutional.
Brazil urged to revoke amnesty law
AI - Amnesty International on Friday urged the Brazilian government to revoke the 1979 Amnesty Law, which shields military officials from prosecution for crimes committed during the country's 1964-1985 military dictatorship. In December, the Inter-American Court of Human Rights ruled that the amnesty law is invalid and that Brazil is responsible for the disappearance of 61 people during military dictatorship. The court found that the law was incompatible with the American Convention on Human Rights and ordered the Brazilian government to conduct a criminal investigation into an anti-guerrilla military operation in the Araguaia region between 1972 and 1974. However, the law has not been revoked, and a proposal for the creation of a truth commission to investigate crimes committed during the military regime has yet to be put before Congress. AI Americas Director Susan Lee said the "law is a scandal and doing nothing but preventing justice." She called on Brazil to uphold its international human rights commitments and immediately revoke the law.
The nation's cruelest immigration law
The law, which takes effect Sept. 1, is so inhumane that four Alabama church leaders have sued to block it. It effectively makes it a crime to be an undocumented immigrant in Alabama, by criminalizing working, renting a home and failing to comply with federal registration laws that are largely obsolete. It nullifies any contracts when one party is an undocumented immigrant. It requires the police to check the papers of people they suspect to be here illegally. The new regime does not spare American citizens. Businesses that knowingly employ illegal immigrants will lose their licenses. Public school officials will be required to determine students' immigration status and report back to the state. Anyone knowingly "concealing, harboring or shielding" an illegal immigrant could be charged with a crime, say for renting someone an apartment or driving her to church or the doctor. The American Civil Liberties Union and the Justice Department have also sued, calling the law an unconstitutional intrusion on the federal government's authority to write and enforce immigration laws. The A.C.L.U. warns that the law would trample people's fundamental rights to speak and travel freely, effectively deny children the chance to go to school and expose people to harassment and racial profiling. These arguments have been made before, in opposition to similar, if less sweeping, laws passed in Arizona, Utah, Indiana and Georgia. What is remarkable in Alabama is the separate lawsuit by the four church leaders, who say the law violates their religious freedoms to perform acts of charity without regard to the immigration status of those they minister to or help. Congress was once on the brink of an ambitious bipartisan reform that would have enabled millions of immigrants stranded by the failed immigration system to get right with the law. This sensible policy has been abandoned.
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China grants immunity to foreign nations in Hong Kong courts
China's NPC - National People's Congress on Friday adopted an interpretation of certain articles of the Basic Law of the Hong Kong Special Administrative Region, removing lawsuits against sovereign nations from the jurisdiction of Hong Kong courts. The Standing Committee of the NPC adopted an interpretation that "stipulates that Hong's Kong's laws concerning rules on state immunity must be 'consistent with the rules or policies on state immunity that the central government has adopted.'" Unlike much of the world's nations, China recognizes absolute sovereign immunity in its courts, even in cases purely involved with business dealings.
Sinopec shares up on profit surge
Shares of Chinese refiner Sinopec jump at the Hong Kong stock exchange after better-than-expected first half earnings report.
New calligraphy classes for China's internet generation
Schools in China have been told to run more classes in calligraphy because computer use and text-messaging are ruining children's writing style. Younger students should have classes every week.
Bank of America said to be close to China Bank sale
Bank of America is finalizing plans to sell more than half of its stake in China Construction Bank in a deal that could raise $10bn.
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Federal judge rules punitive damages available against BP in claims over oil spill
The US District Court for the Eastern District of Louisiana Friday ruled on motions to dismiss made by BP - British Petroleum and other defendants in litigation over the Deepwater Horizon oil spill. Among other issues, Judge Carl Barbier ruled that all state law claims in the case are preempted by federal maritime law and should be dismissed, but that the same general maritime law makes punitive damages available. Since admiralty jurisdiction is present is the case, it requires application of substantive maritime law. BP and the other companies claimed the US OPA - Oil Pollution Act intervenes, and its silence on punitive damages should prevent plaintiffs from any such collection. Judge Barbier disagreed.
Irene still a threat
The feared devastation did not happened; but flooding and power cuts are still a risk. Irene battered US east coast, threatening 65 million people along the US east coast - thought to be largest number of Americans ever affected by a single storm. While early indications were that the damage was not as bad as fear1ed, it will be days before things get back to normal in many places. The New York Stock Exchange said it would be open for business on Monday. Airlines said about 9,000 flights had been cancelled, but services into New York and Boston were due to resume on Monday. Federal and state court officials say they expect courts to be open after the storm, but are taking steps to prepare for possible delays or closures if storm damage is severe.
Taiwan braced as tropical storm Nanmadol sweeps in
Taiwan has deployed 35,000 troops to prepare for a huge storm bearing down on the south-east of the island. Tropical Storm Nanmadol - downgraded from a typhoon - has already wreaked havoc in the Philippines.
Libyan sovereign wealth fund 'missing $2.9bn'
Some $2.9bn is missing from the accounts of the Libyan sovereign wealth fund. Investigations had found "misappropriation, misuse and misconduct of funds" at the LIA - Libyan Investment Authority. The LIA has total funds worth about $70bn. It was set up in 2006 by Saif al-Islam, one of Muammar Gaddafi's sons. LIA has overseas investments such as stakes in the Italian bank UniCredit, Italian football club Juventus and Pearson, the owner of the Financial Times.
Online defamation cases in England and Wales 'double'
The number of court cases brought by people who say they have been defamed online has more than doubled, from 7 to 16, in a year. The increase has been linked to a rise in the use of social media sites, such as Facebook and Twitter. Meanwhile, the Libel Reform Campaign group said smaller website operators needed more legal backing to protect themselves against actions brought by what it described as "corporate bullies".
Missouri judge blocks law banning teachers from using social media with students
Cole County Circuit Court of Missouri issued a preliminary injunction on Wednesday enjoining the State of Missouri from implementing Missouri Revised Statutes § 162.069.4, which prevents students and teachers from communicating through social networking sites that cannot be accessed by school administrators or parents. Circuit Judge Jon Beetem ruled that the statute implicated the First Amendment rights of teachers and described the breadth of prohibition as "staggering."
Pair sacked for tagging false leg
Two workers were sacked for mistakenly tagging an offender's false leg allowing him to remove it and break a court-imposed curfew, security firm G4S reveals.
Syria changes media law as rights group claims violations
Syrian authorities announced changes in the country's media law as opposition groups provided accounts of regime brutality and claimed new deaths. The new laws would prohibit publication of a range of content and would hold editors, journalists and even media spokespeople accountable for violations.
Why merger lawsuits don't pay
Attention, shareholders! Is your company is considering a merger? It's a great time to sue! Plaintiffs' lawyers are trawling for disgruntled shareholders looking to scuttle deals as merger activity heats up. But legal experts warn that the chances you will succeed in stopping a deal or receiving a significant payday are minimal. These suits rarely result in tangible awards, legal experts say. Often the best they can hope for is a delay in the merger, or slightly improved disclosures about the deal's terms. In 2011, for example, none of the lawsuits have scuttled pending deals or resulted in payouts to shareholders. The "vast majority" of suits since 2007 have been dismissed. Those that aren't tend to be settled quickly without resulting in a substantial change in a deal's terms, price or disclosures—or significant payouts to investors, Critics say that in many cases the biggest beneficiaries are the law firms, which collect fees ranging from roughly $400,000 for typical cases to several million for bigger cases,
First Circuit upholds right to record public police action
The United States Court of Appeals for the First Circuit Friday ruled that there is a clearly-established First Amendment right to film police officers performing their duties in a public space. The case stems from a 2007 incident, when police officers arrested Simon Gilk after he openly recorded three police officers arresting a suspect on the Boston Common. Circuit Judge Kermit Lipez, speaking for the unanimous three-judge panel, rejected the officers claim that they had qualified immunity since the law regarding recordings of police action is not well-settled. The opinion recognized that the undoubted right to gather news from any source, by means within the law, is an important corollary to the First Amendment
Texas Supreme Court upholds constitutionality of strip-bar tax
The Texas Supreme Court has upheld the constitutionality of a $5 "sin tax" that is levied on Texas patrons of strip clubs. Two lower courts concluded that the law did violate the First Amendment. But in a unanimous ruling, the Supreme Court concluded that the $5 fee legitimately furthers the state's interest in reducing the sort of "societal ills" identified by lawmakers. The court further rejected the free-speech argument. "The fee in this case is clearly directed not at expression in nude dancing but at the secondary effects of nude dancing when alcohol is being consumed." "An adult entertainment business can avoid the fee altogether simply by not allowing alcohol to be consumed."
Time
The World After Gaddafi
Newsweek
American Genius. Steve Jobs; how he changed our world. Exit the King.
How did Steve Jobs become a wizard among muggles? And what will Apple do without its willful inspiration at the helm?
Business Week
Now about that oil… Libya: Can It Become an Oil Superpower? Qaddafi’s ouster would present opportunities for oil companies, but Libya needs stability first.
The Economist
Going, going…The fall of Muammar Qaddafi will transform Libya, the Middle East and NATO
Der Spiegel
Loriot - Eine Verneigung.
Fighters plan assault on Gaddafi hometown
Al Jazeera, Doha, Qatar
Suicide attack kills at least 24 at Baghdad mosque
Asharq Al-Awsat, Pan-Arab daily, London, England
Syria's Assad reforms press law
Egyptian Gazette, English-language, Cairo, Egypt
Turkey denied Netanyahu effort to delay release of Gaza flotilla report
Haaretz, Liberal daily, Tel Aviv, Israel
Egypt's press blames Israel for Eilat terror attack
JPost, Conservative, Jerusalem, Israel
Lockerbie bomber found 'in coma'
BBC News, Centrist newscaster, London, England
CNN Exclusive: Lockerbie bomber near death
CNN International, London, England
Wayward penguin returning to sea
Daily Express, Conservative tabloid, London, England
Witnesses heard Tilly Lamb arguing before she fell to her death from third-floor window
Daily Mail, Conservative daily, London, England
'My father never wanted to see me': Carol Vorderman reveals how her tough upbringing still drives her on
Daily Mail, Conservative daily, London, England
Noda is surprise choice to lead Japan
EuroNews, International news, Ecully Cedex, France
JAPAN: Japan names new leader
France 24, Issy-les-Moulineaux, France
Big four to slug it out for US Open
Hurriyet Daily News, (Liberal, English-language), Istanbul, Turkey
Lockerbie bomber found in Tripoli villa 'close to death'
Independent The, London, England
Usmanov eyes RusAl stake
Moscow News The, Independent, Moscow, Russia
Massive bomb blast hits UN building in Nigeria
Telegraph The, Conservative daily, London, England
Rowan Atkinson's oldest brother was the first to see the potential of Mr Bean
Telegraph The, Celebrity news, London, England
NZ's lost penguin sails off home
Bangkok Post, Independent, Bangkok, Thailand
Irene hits New Jersey shore, shuts down NYC
China Post, English-language daily, Taipei, Taiwan
Seoul Education Chief to Be Quizzed on Bribery Allegations
Chosun Ilbo, Conservative daily, Seoul, South Korea
Japan finmin Noda wins run-off vote for PM
Hindustan Times, New Delhi, India
New business projects face old, entrenched corruption
India Times, Conservative daily, New Delhi, India
Mata enjoys triumphant Chelsea debut; Drogba hurt
Japan Times, Independent centrist, Tokyo, Japan
South African police investigate Facebook racism
New Zealand Herald, Conservative daily, Auckland, New Zealand
Yoshihiko Noda wins Japan's ruling party presidential election
People's Daily Online, English-language, Beijing, China
New Zealand news agency closing after 132 years
Straits Times, Pro-government, Singapore
World's top hypercar hoax?
Sydney Morning Herald, Centrist daily, Sydney, Australia
Japan: Finance minister to be next prime minister
Taiwan News, English-language daily, Taipei, Taiwan
Finland's collateral demand stymies aid for Greece
The Economic Times, Business, Mumbai, India
Post-tropical Irene soaks Quebec, Maritimes
Canadian Broadcasting Centre, Toronto, Ontario
RCMP raid Calgary miner over bribery allegations
Globe and Mail The, Centrist daily, Toronto, Canada
Hurricane Irene: Record Power Losses for Long Island
International Business Times, Business news organization, New York, U.S
MEXICO: Games that Kill
IPS Latin America, International cooperative of journalists, Rome, Italy
Stock futures open slightly lower
Reuters, Business News, New York, U.S
Japan's Finance Minister Noda to be new PM
Reuters, World News, New York, U.S
The Star in Tripoli: Gadhafi's compound becomes a tourist attraction
Toronto Star, Toronto, Ontario
Lockerbie bomber found 'in coma'
BBC News, Centrist newscaster, London, England
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