March 4, 2015 nº 1,600 -  Vol. 11

"Don't think of it as failure. Think of it as time-released success."

Robert Orben

Read Migalhas LatinoAmérica in Spanish every Tuesday and Thursday. Visit the website at www.migalhas.com/latinoamerica

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• Top News

White House plans no rescue if court guts health care law

As the Supreme Court prepares to hear arguments on Wednesday on whether to invalidate a crucial part of the president's health care law, Obama administration officials say they are doing nothing to prepare for what could be a catastrophic defeat. Administration officials insist that any steps they could take to prepare for the potential crisis would be politically unworkable and ineffective, and that pursuing them would wrongly signal to the justices that reasonable solutions existed. The do-nothing strategy is meant to reinforce for the court what White House officials believe: that a loss in the health care case would be unavoidably disastrous for millions of people. There are no contingency plans in place if the court invalidates the Affordable Care Act subsidies that 7.5 million people in 34 states are receiving, administration officials said. No one is strategizing with governors or insurance company executives or lawmakers. There is no public relations plan to reassure people who might suddenly have to pay more for insurance.

Litigation finance communications protected

Litigation finance is growing in the US, but its substantive role in a case has always been a bit murky until now. A decision from the Delaware Chancery Court makes clear that documents relating to funding provided by third parties to finance a lawsuit are entitled to the confidentiality protections afforded to more traditional lawyer work product. "Many courts have given this issue short shrift. It was time for a court to take a stand and analyze work product doctrine." The litigation-finance market exceeded $1 billion in 2011. Most of that money comes from the four or five companies that have a stranglehold and are very active in litigation funding, and there are others trying to get into the business.

Narrowing the definition of white-collar crimes

Law is often about figuring out what a particular word or phrase means, as with President Bill Clinton's now-famous reply about his relationship with Monica Lewinsky: "It depends on what the meaning of the word 'is' is." The Supreme Court engaged in similar mental gymnastics last week in Yates v. United States when it concluded that the term "tangible object" did not include a fish, thus allowing for reversal of a conviction for obstructing a federal investigation. The Supreme Court's message is that the government should be careful in applying laws that carry heavy punishments to defendants who pose little threat.

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• MiMIC Journal

China military budget 'to rise 10%'

China's military budget will rise by about 10% in 2015, an official says, in line with overall spending growth. China has seen several years of double-digit defense spending increases. It is the world's second-highest military spender, but remains far behind the US.

China implicates 14 generals in anti-corruption campaign

Chinese efforts against corruption have led to the conviction and investigation of 14 generals for corrupt financial practices. Chinese military prosecutors released a notice on Monday, inculpating military personnel of various levels and notoriety in serious legal violations and criminal offenses. Military corruption had been prevalent in China under the previous two administrations and was characterized by embezzlement, military kickbacks and the selling of ranks and positions.

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• Historia verdadera

Moviles y negocios

En Méxicoi firma de cobros con dispositivo móvil, Sr. Pago, y la empresa de telecomunicaciones Nextel trabajarán en conjunto con el propósito de acercar una herramienta de pago con tarjeta en teléfonos celulares a más micro y pequeños empresarios.

Empresas

Senado de Brasil rechazó un decreto presidencial que reducía los beneficios tributarios sobre las nóminas para las empresas, en un revés político para la mandataria Dilma Rousseff y su nueva campaña de austeridad fiscal.

Colombia - China

Las autoridades de Colombia inmovilizaron un barco del mayor grupo naviero de China que viajaba con destino a Cuba y transportaba ilegalmente alrededor de 100 toneladas de pólvora y otro material bélico, informó la Fiscalía General, que ordenó la captura del capitán de la embarcación.

• Brief News

Congress sends Homeland Security bill to Obama without conditions

Bitterly admitting defeat, the Republican-controlled Congress sent legislation to President Obama on Tuesday that funds the Department of Homeland Security without any of the immigration-related concessions they demanded for months.

'Birth tourism' hotels raided in US

US agents raid more than a dozen hotels that cater mostly to Chinese women who want their children to be born US citizens. The "birth tourism" hotels hosted mainly Chinese women who paid between $15,000 to $50,000 for the services. The raids focused on hotels suspected of engaging in visa fraud. Court records said companies would coach women to falsify records and claims for their visa screening. Birth tourism is not always illegal and many agencies openly advertise their services as "birthing centers".

The unfortunate consequences of banning Sharia law

Many states have successfully passed or are considering laws to prohibit the application of sharia or foreign law in court, but are these regulations misguided? Michael Helfand, an associate professor at Pepperdine University School of Law, said that the threat of sharia law is negligible. In fact, the steps taken to ban sharia are more worrisome, he said. "The real worry is actually when we take this nonexistent threat seriously start incorporating into the legislation of various states," he said. "We actually start potentially harming or actually undermining or making people more vulnerable." According to Islamic law specialist Abed Awad, bans on sharia law are actually unconstitutional. Sharia law, like any foreign law or other religious law, is to be used as "parole evidence" or "extrinsic evidence" and provide cultural context for a ruling.

Obama dismisses Netanyahu speech

Obama has reacted scathingly to a speech by the Israeli prime minister that castigated his policy towards Iran. In a speech before Congress, Benjamin Netanyahu warned that a deal under discussion on Iran's nuclear program could "pave Iran's path to the bomb" rather than block it. But Obama said Netanyahu had offered no viable alternative. Other senior Democrats - and Iran - also criticized Netanyahu. The Israeli leader's visit was controversial from the start, because the Republican speaker invited him without consulting the White House. The US president announced he would not meet Netanyahu, who is fighting in a closely contested national election in just two weeks' time. Talks on Iran's nuclear program are nearing a critical late-March deadline for an outline agreement to be reached.

Politicians targeted over Petrobras

Brazil's chief prosecutor has asked the Supreme Court to investigate 54 people, including politicians, for alleged involvement in a huge kickback scheme at the state-run oil firm Petrobras. Investigators allege firms paid inflated prices for Petrobras contracts and money was funneled to the ruling Workers Party (PT) and its allies. This has been denied by the party and President Dilma Rousseff. The politicians' names were not released by prosecutor Rodrigo Janot. The move takes Brazil's biggest corruption scandal, which has so far focussed on companies, into the political sphere.

Australian pair moved for execution

Two Australian drug-smugglers, ringleaders of the "Bali Nine", are transferred from Bali to another Indonesian island where they are due to be executed by firing squad. Australia has pressed Indonesia not to go ahead, with Prime Minister Tony Abbott saying he was "revolted".

'Racial bias' at Ferguson police

The US Justice Department has found evidence of racial bias at Ferguson police in Missouri, US media report. The agency is expected to accuse the department of conducting stops without reasonable suspicion and making arrests without probable cause. It began a civil rights investigation following the August shooting of Michael Brown. An official announcement is expected on Wednesday.

Modi gives last chance for India tax evaders in $2 trillion hunt

Indian Prime Minister Narendra Modi has a simple message for tax evaders: Come clean now and avoid jail. Under a law proposed last week, offenders will have a window to declare income illegally stashed in overseas accounts and pay penalties before investigations start, Revenue Secretary Shaktikanta Das said in an interview on Tuesday. After that, they face as much as 10 years in jail and fines of as much as 300 percent of the amount originally owed to the government.

Colombia holds Chinese arms ship

Colombian officials say they have detained the captain of a China-flagged ship bound for Cuba for illegally carrying explosives and other arms. The attorney general's office said the ship was stopped over the weekend in the Caribbean port of Cartagena. Officials said about 100 tons of gunpowder, almost three million detonators and some 3,000 cannon shells were found on board. The ship's records said it was carrying grain products. The Chinese captain, Wu Hong, will be charged with weapons trafficking.

Uber ordered to halt ride-sharing pilot program in Japan

Japan's transport ministry ordered Uber Technologies Inc. to stop a ride-sharing pilot program in southern Fukuoka city, deepening the regulatory challenges the startup company faces globally. The San Francisco-based company was told to stop the trial operation of Everyone's Uber because it violates the nation's road transportation law. Uber said it's revising the program and is in talks to address regulatory concerns.

Spain requests US aid in extradition of ETA members from Cuba

The Spanish government has requested that the US use diplomatic discussions with Cuba regarding the country's removal from the State Sponsors of Terrorism blacklist to seek the extradition of two members of the Basque separatist group Euskadi Ta Askatasuna (ETA) residing in Cuba, according to a statement Monday from Spanish Foreign Minister Jose Manuel Garcia Margallo. ETA members Jose Angel Urtiaga and Jose Ignacio Etxarte are believed to have resided in Cuba since the 1980s and are wanted in connection to 2010 Spanish government probe into possible connections between ETA and the Colombian rebel group FARC. Cuba has been on the State Sponsors of Terrorism list since 1982 as a result of the country's past support of ETA and FARC.

India surprises with second interest rate cut

The Reserve Bank of India has cut its key interest rate, in a surprise move for the second time this year. The central bank in Asia's third-largest economy lowered its policy repo rate by 25 basis points to 7.5% after making a similar cut in mid-January. The repo rate is the level at which the central bank lends to commercial banks. Citing a weaker economy, both of the reserve bank's cuts this year have taken place outside scheduled policy meetings, surprising the market.

Clinton's emailing practices fall in legal gray area

Hillary Clinton's exclusive use of her personal email to conduct business as US secretary of state is being examined as a possible breach of federal requirements. From 2009 to 2013, Clinton did not have a government email address. The Federal Record Act requires official emails to be preserved. Thousands of pages of emails handed over do not include all her messages. The correspondence of federal officials is considered government records under federal law. While there are exceptions for classified materials, most documents are kept for the use of journalists, congressional committees and historians.

Egypt court delays parliamentary elections

A judge for Egypt's Administrative Court on Tuesday suspended the country's upcoming parliamentary elections indefinitely after another court declared the election law's provision on voting districts unconstitutional.

'Cloudy' drug halts execution in Georgia

The US state of Georgia has postponed its first execution of a woman in 70 years because the drug to be used appeared "cloudy". Corrections officials in the southern state said they had first called a pharmacist and then decided to halt the execution out of "caution". The only drug used in Georgia's executions is pentobarbital.

FAA is trying to keep hackers out of air traffic control

The FAA Administration is implementing changes to ensure the nation's air traffic control system is protected against computer hackers. "The system is safe," despite a Government Accountability Office report that found "significant security control weaknesses." The FAA has taken steps to protect air traffic control systems, but that weaknesses remain in, among other things: controlling, preventing, and detecting unauthorized access to computer resources, identifying and authenticating users, encrypting sensitive data.

California Supreme Court finds blanket sex offender residential limits unconstitutional

The California Supreme Court ruled unanimously Monday that restrictions on where sex offenders may live violates the parolees' constitutional rights. This decision addresses Jessica's Law, the voter initiative passed in 2006 that banned sex offenders from living within 2,000 feet of where children are likely to gather, including schools or parks, regardless of whether the crimes involved children. Petitioners had brought this case because of the lack of available housing compliant with Jessica's Law in San Diego county, which has led to increased homelessness of paroled registered sex offenders in the area.

• Daily Press Review

Iran and Obama dismiss Netanyahu speech to US Congress
Al Jazeera, Doha, Qatar

WATCH: Jon Stewart calls Netanyahu's Congress speech 'longest blowjob a Jewish man has ever received'
Haaretz, Liberal daily, Tel Aviv, Israel

Incomes 'back to pre-crisis level'
BBC News, Centrist newscaster, London, England

Schemes help foreign moms have babies in U.S.
CNN International, London, England

David Walliams and his model wife Lara Stone 'have split after less than five years of marriage'†
Daily Mail, Conservative daily, London, England

Bankrupt property tycoon who owes Bank of Ireland GBP 52m barricades himself into his Dublin mansion to stop bailiffs seizing it†
Daily Mail, Conservative daily, London, England

Australia culls hundreds of koalas
EuroNews, International news, Ecully Cedex, France

Deadly explosion strikes mine in eastern Ukraine
France 24, Issy-les-Moulineaux, France

Turkey's cyber security: A long way to go
Hurriyet Daily News, (Liberal, English-language), Istanbul, Turkey

Postcard from... Aoshima
Independent The, London, England

What has happened to the missing Mexican students, and why does it matter?
Telegraph The, Conservative daily, London, England

Celia Imrie: 'Annoyed by wolf whistles? Lighten up'
Telegraph The, Celebrity news, London, England

India central bank cuts key interest rate as inflation eases
China Post, English-language daily, Taipei, Taiwan

Kim Jong-un Teaches Soldiers to Plant Trees
Chosun Ilbo, Conservative daily, Seoul, South Korea

Turkish Airlines plane skids off Nepal runway passengers safe
Hindustan Times, New Delhi, India

Class V student sexually assaulted by best friend's brother in Indore
India Times, Conservative daily, New Delhi, India

Japan mulls SDF dispatch to EU troop missions for first time
Japan Times, Independent centrist, Tokyo, Japan

Ukraine parliament speaker says 32 killed in mine blast in war-torn eastern Ukraine
New Zealand Herald, Conservative daily, Auckland, New Zealand

Ukraine President cancels trip over protests in eastern Ukraine
Straits Times, Pro-government, Singapore

Australia's deadliest natural disaster revealed - from 1899
Sydney Morning Herald, Centrist daily, Sydney, Australia

In Ferguson, scathing US report brings pressure for change
Taiwan News, English-language daily, Taipei, Taiwan

US Senate to debate Iran nuclear bill next week
The Economic Times, Business, Mumbai, India

Obamacare faces another Supreme Court test Wednesday
Canadian Broadcasting Centre, Toronto, Ontario

Australian court backs finding radio royal prank call broke law
Globe and Mail The, Centrist daily, Toronto, Canada

Liberty Reserve Brought Down By 'Joe Bogus': How The Feds Arrested Arthur Budovsky
International Business Times, Business news organization, New York, U.S

Women Leaders Call for Mainstreaming Gender Equality in Post-2015 Agenda
IPS Latin America, International cooperative of journalists, Rome, Italy

Brent holds above $60 after Saudi price increases
Reuters, Business News, New York, U.S

French police to hunt operators of mystery Paris drones
Reuters, World News, New York, U.S

Disney vacation turns to nightmare for Mississauga family
Toronto Star, Toronto, Ontario

Militants 'seize Libyan oil fields'
BBC News, Centrist newscaster, London, England

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