March 26, 2012 nº 1,158 - Vol. 10
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Tennessee Williams
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In health case, combustible mix of politics and law
U.S. Supreme Court is set to begin hearing oral arguments Monday. The Affordable Care Act or Obamacare — the historic law and its insurance requirement signed by the president in March 2010 has spawned a hyperbolic vernacular, multimillion-dollar special interest advertising campaigns and a slew of lawsuits with mixed outcomes. The court is scheduled to hear three days of arguments in the appeal filed by officials in 26 states — all but two led by Republican governors. They assert that the law's mandate that Americans buy health insurance is unconstitutional. The 24 Republican governors, along with the GOP attorneys general in two states with Democratic governors, further argue that if the court kills the mandate, the entire law must die with it. 85 percent of court experts polled said they believed that a majority of the justices will find the insurance mandate constitutional. The court may not even get to a point where justices, in their deliberations, will consider the mandate issue.
On Monday, the first issue addressed by the court will be the question of whether it has the right, or jurisdiction, to hear the case. There will be lots of discussion about the obscure-sounding federal Anti-Injunction Act. The AIA prevents federal courts from "hearing cases where taxpayers are seeking court orders, such as injunctions, to prevent the government from assessing or collecting federal taxes." The health care law will by 2014 impose a monetary penalty on individuals who fail to buy insurance. The argument on jurisdiction will hinge on whether the penalty, collected "in the same manner as taxes," according to the law, is a "penalty" or a "tax." If the AIA does apply, "courts likely will not be able to decide whether the Affordable Care Act is constitutional until at least 2015." That's because the law won't take effect until 2014, so no one will pay the tax — and have the standing to bring suit — until the following year. If the court decides that, under the AIA, it does not have a right to hear the states' suit, it would invalidate court rulings on the constitutionality of the health care law thus far. Except, experts note, for one case out of the 4th Circuit, which ruled that the AIA says the federal court has no jurisdiction in the case.
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China to end organ donations from executed prisoners
China has pledged to end the practice of taking organs from executed prisoners within the next five years, state media report. Officials say the country would instead rely on a new national donation system for organ transplants. Prisoners account for two-thirds of China's transplant organs, according to previous estimates from state media.
Tougher China trademark laws might have hurt Apple in its iPad legal fight
China is proposing improvements to its 30-year-old trademark law that help household names from abroad better protect their rights. Apple Inc., in its dispute over the iPad name, might be better off without the reforms. Government proposals for tackling "the rampant problem of trademark squatting" include doubling the maximum damages for infringers to 1 million yuan ($158,539). Since a court already ruled that Apple doesn't own the iPad name in China, the company would be on the wrong side of the sanctions. The Apple case "is another example of why multinationals need to do their diligence and tread cautiously in China as domestic companies have become much more savvy about protecting and exploiting IP rights.
China's license system works against foreign firms
China's system of awarding business licenses increasingly favors domestic companies, belying government promises of a level playing field, a survey of American Chamber of Commerce in China members shows. The annual business climate survey, released today, found that 34 percent of 175 members surveyed said foreign businesses cannot be awarded the same licenses as Chinese companies, an increase from 29 percent responding that way in a 2011 survey.
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Facebook, lawmakers warn employers not to demand passwords
Facebook and lawmakers have warned employers against requesting Facebook passwords while screening job applicants, a controversial practice that underscores the blurring distinction between personal and professional lives the era of social media. The practice has reportedly grown more commonplace as companies increasingly regard profiles - or embarrassing photos from wild nights out - as windows into a prospective employee's character. Also, lawmakers in several states and in Washington said they would introduce bills to prohibit companies from vetting employees by demanding access to private accounts.
Pope condemns Mexico drug traffic
Pope Benedict XVI condemns drug-trafficking and corruption at a huge open-air Mass in central Mexico as part of his first visit to the country.
US pays compensation to families of shooting spree victims
The US government has paid compensation to the families of the victims of a shooting spree allegedly committed by a US soldier, according to statements made by an Afghan elder. The families of the victims killed in the incident received $50,000 and the families of wounded victims received $11,000. A US official confirmed that payments were made, but refused to comment on the specific amounts. The amounts paid for victims of the shooting spree are significantly larger than what is normally paid to civilian victims of military operations. Civilian victims and their families are typically paid $2,000 for each civilian death and $1,000 for each wounded civilian.
Russia simplifies political party registration process
The Russian legislature on Friday passed a bill that will make it easier for political parties to register with the government. The bill was introduced in response to widely disputed and heavily protested elections, which were held in December, and is part of a group of bills aimed at calming opposition groups. Specifically, the bill rolls back some of the more stringent restrictions. It reduces the number of members required for registration from 40,000 to 500, lessens the restrictions on party activities, and shortens the registration process itself.
SEC files subpoena enforcement action against Wells Fargo
The SEC - Securities Exchange Commission announced on Friday that it filed a subpoena enforcement action in the U.S. District Court for the Northern District of California against Wells Fargo & Company to force the company to hand over documents connected to the company's sale of nearly $60 billion in residential mortgage-backed securities to investors.
Egypt parliament meets to appoint constitution panel
The Egyptian parliament met on Saturday to appoint the 100-member panel that will draft the country's new constitution. A significant struggle is expected between the Islamists and liberals to reduce over 1,000 nominations to 100 individuals to serve on the panel. Half the panel members will be current members of the parliament and half will be other prominent Egyptian social figures.
Canada high court orders judges to consider Aboriginal history when sentencing
The Supreme Court of Canada on Friday issued a decision requiring sentencing judges to consider the history of oppression that Aboriginal offenders may have experienced when determining appropriate sentences.
Time
The wimpy recovery. The 97-lb. Recovery. America's rebound is slow, spotty and anemic. Can the economy get back to fighting weight?
Newsweek
Mad men returns. Mad men inglorious past.
Business Week
Lucky or Good? The Truth About the Obama Recovery
The Economist
Cuba hurtles towards capitalism. The Castros, Cuba and America. On the road towards capitalism.
Der Spiegel
Die versunkenen Geheimnisse der Titanic
L'Espresso
Elsa La Tosta. Fornero e basta. Pugno di ferro. Lacrime. Frasi a effetto. Richieste spiazzanti. L'obbligo del "lei". I toni da prima della classe. Così la ministra ha conquistato popolarità e un ruolo di spicco nel governo
Obama for 'world without nuclear weapons'
Al Jazeera, Doha, Qatar
Medvedev: Annan's mission is Syria's last chance
Asharq Al-Awsat, Pan-Arab daily, London, England
Mali rebels advance, seeking president
Egyptian Gazette, English-language, Cairo, Egypt
In bid for transparency, Israel's treasury gains oversight over defense budget
Haaretz, Liberal daily, Tel Aviv, Israel
Moroccan Islamists flex muscles in Rabat march
JPost, Conservative, Jerusalem, Israel
PM will not reveal No 10 guests
BBC News, Centrist newscaster, London, England
Official: North Korea moves rocket to launch pad
CNN International, London, England
Santorum hits out at rival Romney
Daily Express, Conservative tabloid, London, England
'I thought my son was dead': Father watches as hot air balloon crashes into high voltage cables trapping three teenagers for 5 hours
Daily Mail, Conservative daily, London, England
Madonna's satin shorts squelch her derrière into an unflattering sag
Daily Mail, Conservative daily, London, England
Cuba's 'Ladies in White' call for a papal meeting
EuroNews, International news, Ecully Cedex, France
SENEGAL: Sall routs Wade to become Senegal's new president
France 24, Issy-les-Moulineaux, France
Syria as part of Turkish domestic politics
Hurriyet Daily News, (Liberal, English-language), Istanbul, Turkey
Senegal president Abdoulaye Wade concedes to rival Macky Sall
Independent The, London, England
Anti-corruption drive yields little result
Moscow News The, Independent, Moscow, Russia
Bus driver arrested after fatal M5 crash
Telegraph The, Conservative daily, London, England
How just a minute turned into 45 years
Telegraph The, Celebrity news, London, England
Dems withdraw from Sonthi committee
Bangkok Post, Independent, Bangkok, Thailand
Quake hits central Chile; no reports of deaths
China Post, English-language daily, Taipei, Taiwan
Zero Tolerance for Illegal Protests During Nuclear Summit
Chosun Ilbo, Conservative daily, Seoul, South Korea
Deadly rape exposes Russian police's brutality
Hindustan Times, New Delhi, India
Truck hits 7 vehicles; woman, daughter killed
India Times, Conservative daily, New Delhi, India
Senators hand Penguins rare defeat
Japan Times, Independent centrist, Tokyo, Japan
Obama urges North Korea to 'pursue peace'
New Zealand Herald, Conservative daily, Auckland, New Zealand
Experts call for soft stance on North Korea
People's Daily Online, English-language, Beijing, China
Cuba arrests 70 planning protest at Pope visit
Straits Times, Pro-government, Singapore
'Chooks' a vital line to front
Sydney Morning Herald, Centrist daily, Sydney, Australia
Venezuelan President Hugo Chavez says he hopes back from treatment travel in Cuba on Mar. 29
Taiwan News, English-language daily, Taipei, Taiwan
Sri Lanka C. bank: Will act to curb rupee volatility
The Economic Times, Business, Mumbai, India
New NDP Leader Mulcair touts party unity
Canadian Broadcasting Centre, Toronto, Ontario
Islamophobia: We need to accept the 'other'
Globe and Mail The, Centrist daily, Toronto, Canada
Yahoo Appoints Three New Board Directors; Third Point To Continue Proxy Contest
International Business Times, Business news organization, New York, U.S
Protests in Southern Chile Spread to Other Remote Regions
IPS Latin America, International cooperative of journalists, Rome, Italy
Last-minute shopping could lift stocks
Reuters, Business News, New York, U.S
Obama vows to pursue further nuclear cuts with Russia
Reuters, World News, New York, U.S
Ontario budget: Child benefit increase being delayed; social assistance rates frozen
Toronto Star, Toronto, Ontario
Senegal's Sall marks poll victory
BBC News, Centrist newscaster, London, England
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