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US Supreme Court rejects detainees' request
Breaking Legal News | 2007/03/07 23:06
The US Supreme Court has refused to expedite its consideration of a petition for a writ of certiorari filed by Guantanamo Bay detainees seeking review of the 2006 Military Commissions Act. According to a report on the Jurist site, two Guantanamo detainees, Salim Ahmed Hamdan and Omar Khadr, filed the motion to expedite recently, asking the court to review the MCA provision which prevents federal courts from hearing detainees' habeas corpus challenges. The detainees asked the court to review the habeas-stripping provision as it was applied in two separate cases: the US Court of Appeals for the DC Circuit upheld the dismissal of many habeas cases, and a district judge last December dismissed Hamdan's habeas appeal, finding the district court lacked jurisdiction due to the court-stripping provision. Lawyers for the detainees had hoped that the court would grant certiorari in the appeal and would schedule oral arguments for the current term.


US again refuses to run for UN rights council seat
International | 2007/03/07 23:05

The US State Department announced Tuesday that once again the United States will not run for a seat on the Geneva-based UN Human Rights Council. The US said last year that it would not seek election because some of the other countries vying for council seats "systematically abuse human rights," but this year US officials cited an anti-Israeli bias as its reason for not running. Spokesman Sean McCormack said that the council has not proven itself to be a credible body, and has had a "nearly singular focus on issues related to Israel." When asked why the US didn't run and try to take a leadership role in the council, McCormack said Secretary of State Condoleezza Rice thought it would be more effective to work outside the group as an example of what the Human Rights Council should be. Last year a number of observers speculated that if the US ran it risked an embarrassing loss or at least a visible lack of general support because of harsh US treatment of detainees at Guantanamo Bay and Iraq. The same concerns could apply again this year.

The Democratic chairman of the US House Committee on Foreign Affairs decried the decision, calling it an "act of unparalleled defeatism" that would allow rogue states to continue to control the world's human rights machinery."



Great Lakes' health key to lawmakers
Environmental | 2007/03/07 19:48

Members of Congress were visibly frustrated Wednesday as they questioned an administration official about the slow pace of action on keeping invasive species out of the Great Lakes.

"Here you have these international boats dumping these critters all over the place and you can't do anything," Rep. Candice Miller, R-Harrison Township, said at a hearing by the House Transportation and Infrastructure Subcommittee on Water Resources and Environment.

The hearing was called to examine the problems posed by the zebra mussel, the sea lamprey and other creatures that threaten native species by gobbling up their food.

"It's an ecological and environmental disaster," said Rep. Vernon Ehlers, R-Grand Rapids, a scientist and longtime champion of Great Lakes issues.

Benjamin Grumbles, assistant administrator for water at the Environmental Protection Agency, told lawmakers his agency and others are researching how nonnative species enter the lakes so they can come up with a way to keep them out.

"We all recognize we need to do much more in terms of the invasive species threat," Grumbles said.



Women Suing Doctors and Planned Parenthood
Medical Malpractice | 2007/03/07 14:44
A Boston woman is suing two Doctors as well as Planned Parenthood for the costs of raising a child, almost three years after a failed abortion.

Jennifer Raper, a 45 year old woman living in Boston, filed a complaint last week in Suffolk Superior Court. All appeals have to be reviewed before being processed so it's not clear whether or not this case will actually go to trial.

In 1990 the state's high court approved suing in situations as Rapers but only when the resulting child had expensive medical conditions. However, according to the documented report filed with the courts, Jennifer Rapers now two-year-old is a perfectly healthy child.

The three page medical malpractice report filed with the court indicates that Raper found out she was pregnant in March of 2004 and went to Planned Parenthood seeking an abortion in April of 2004. She claimed she was financially unable to care for a child and wished to end the unwanted pregnancy.

At Planned Parenthood she was seen by Dr. Allison Bryan who was a physician working there at the time. The abortion attempt was performed on April 9, 2004 but unknown to Raper at the time, failed and she remained pregnant.

Raper ended up seeing Dr. Benjamin Eleonu at Boston Medical Center in July of 2004 when she was 20 weeks pregnant. Why she went has not yet been released but at the time of the visit the Doctor did not detect the pregnancy. He is the other Doctor being sued by Raper for lack of proper medical care and negligent in missing her pregnancy. Generally, 20 weeks gestation is hard for a trained doctor to miss, and even more so for the pregnant mother.

Jennifer Raper ended up in the emergency room at New England Medical Center in late September with symptoms of pelvic pain. It was then that she finally realized that she was indeed still pregnant. At that point a legal abortion was not possible and she gave birth to a baby girl on December 7th of 2004.

Planned Parenthood has refused to comment as the case is pending legislation and neither Doctor has responded publicly about Rapers' claims. After the court reviews the medical neglect report a decision will be made as to whether or not it will be processed. The Doctor who performed the failed abortion no longer works for Planned Parenthood but is still a licensed practicing Physician.

Raper is suing for damages including the costs of raising her daughter.



Rice says US allies among worst human rights abusers
Human Rights | 2007/03/07 13:04

US Secretary of State Condoleezza Rice Tuesday criticized the poor human rights records of several US allies and denounced the genocide in Darfur while announcing the publication of the 2006 US State Department Country Reports on human rights. Despite the fact that Afghanistan and Iraq have received hundreds of millions of dollars in US aid for democracy and human rights programs, the reports indicate that widespread sectarian violence, weak central administrations and abuses of authority have thwarted respect for rights in those countries. Among the other countries with poor reports in the annual DOS exercise were North Korea, Pakistan, Cuba , Venezuela, and Myanmar.

In addition to Afghanistan and Iraq, the reports also criticized Russia and China, with which the US has recently worked in pressuring Iran and North Korea to abandon their nuclear programs. The State Department reports criticized those countries' records of cracking down on dissent and investigating the killings of government critics.



Phillips Lytle LLP Grows Buffalo Office
Law Firm News | 2007/03/07 12:10


Phillips Lytle LLP, one of the region’s largest full service law firms, continues to grow its Buffalo office with the addition of Karla Braun-Kolbe, Craig R. Bucki and Minryu Sarah Kim as Associates with the firm.

Ms. Braun-Kolbe will concentrate her practice in corporate law. She received her J.D., cum laude, from University at Buffalo School of Law, and both her M.B.A., with
distinction, and B.A., summa cum laude, from University at Buffalo. A member of the
New York State Bar and Women’s Bar Association of Western New York, Ms. Braun-
Kolbe resides in Amherst. Focusing his practice in trial, Mr. Bucki holds his J.D. from Columbia University School of Law, where he was a Harlan Fiske Stone Scholar, and received his B.A., magna cum laude, from Yale University. A resident of East Amherst, Mr. Bucki serves on the executive committee of the Amherst Town Democratic Committee.

A resident of Buffalo, Ms. Kim concentrate her practice in the area of civil litigation
including commercial, corporate, and estate in both state and federal courts. She holds her J.D. from University at Buffalo School of Law and her B.S., cum laude, from Boston University. She is a member of both the Women’s and Minority Bar Associations of Western New York.


Libby Prepares Request for New Trial
Breaking Legal News | 2007/03/07 11:01

Attorneys for convicted former vice presidential aide I. Lewis "Scooter" Libby began working on a request for a new trial Wednesday as the Bush White House tried to knock down speculation about a possible pardon in the CIA leak case. Libby, the former chief of staff to Vice President Dick Cheney, was found guilty of perjury and obstruction in the investigation into the 2003 leak of CIA operative Valerie Plame's identity. He is the highest-ranking White House official convicted in a government scandal since the Iran-Contra scandal two decades ago.

Government prosecutors led by Patrick Fitzgerald spent nearly four years investigating the case, but never charged anyone with the leak. Libby will be the only one charged in the case, Fitzgerald said.

Libby's attorneys tried to use that during the trial to persuade jurors that, since nobody was charged in the case, Libby didn't fear prosecution for the leak and so he had no reason to lie. Juror Denis Collins summed up the dilemma that he and his associates faced behind closed doors.

"There was a frustration that we were trying someone for telling a lie apparently about an event that never became important enough to file charges anywhere else," he said Wednesday on ABC's "Good Morning America."

At the White House, press secretary Tony Snow brushed off questions about whether President Bush would entertain a pardon for Libby, saying the case remains under legal review. Snow also said Cheney's stature within the administration has not changed or waned as a result of the verdict.



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