Philippines decides against invoking mutual defense treaty with US amid South China Sea dispute
Jurist
by Lois Min | U. Queensland Law School, AU
9h ago
The Philippines announced Friday that it does not intend to invoke its mutual defense treaty with the US following an incident captured on video where the Chinese coast guard allegedly boarded two Philippine navy boats, with a Philippine sailor sustaining serious injuries. The Chinese Coast Guard sailors were attempting to block a resupply mission at the disputed Second Thomas Shoal in the South China Sea. Philippines Executive Secretary Lucas Bersamin, who also heads the country’s National Maritime Council, suggested that the clash was “probably a misunderstanding or an accident.” During a br ..read more
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Class action against Australia youth detention centre on track to deliver AU$75 million to victims
Jurist
by Nada Wilson | Bond U. Faculty of Law, AU
11h ago
The lawyer representing former detainees of an Australian youth detention centre announced in a media release on Friday that the Tasmanian state government plans to give AU$75 million to members of a class action abuse lawsuit against the state. The class action arose as a result of alleged abuse that had been taking place at Tasmania’s Ashley Youth Detention Centre since 1960, with children still recounting abuse in 2023. The 2023 Commission of Inquiry into the Tasmanian Government’s Response to Child Sexual Abuse in Institutional Settings details that victims reported sexual abuse including ..read more
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Supreme Court of Canada upholds rights of Ontario public school teachers against unreasonable workplace searches
Jurist
by Andrew Clarke | U. Ottawa Faculty of Law, CA
13h ago
The Supreme Court of Canada affirmed on Friday that Ontario public school board teachers are entitled to protection against unreasonable search and seizure in their workplace under the Canadian Charter of Rights and Freedoms. The decision reinforces that public school boards are an arm of government, making them subject to the Charter. The case in question revolved around two teachers employed by an Ontario public school board who had documented private communications about workplace issues on a shared, personal, password-protected log stored in the cloud. The controversy began when a school p ..read more
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Right to abortion remains under threat across US: Amnesty International
Jurist
by Madeline Yingling | U. Pittsburgh School of Law, US
14h ago
The right to abortion has remained under threat in the US over the past two years, according to a statement released Thursday by Amnesty International. The rights group noted that millions of Americans have been deprived of the human right to an abortion in the two years since the US Supreme Court overturned Roe v. Wade, the landmark case from 1973 that established the constitutional right to abortion. Tarah Demant, the National Director of Programs at Amnesty International USA, said that the court’s decision to overturn Roe has led to “a patchwork of devastating laws” across the country. She ..read more
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Namibia High Court declares criminalization of sexual acts between males unconstitutional
Jurist
by Miu Satake | Maastricht U. Faculty of Law, NL
17h ago
The Namibian High Court ruled Friday that laws criminalizing “sodomy” and “unnatural sexual offences” are incompatible with the right of non-discrimination guaranteed under the Namibian constitution. In the case of Dausab v The Minister of Justice, applicant Friedel Dausab, a Namibian gay man working as an LGBTQ rights activist, stated that he endured hardship by openly living as a gay man. Thus, he decided to bring the claim in order to challenge the validity of the legislation banning sexual acts between males. These offences, which were implemented during the colonization before 1990 ..read more
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US Supreme Court upholds law barring gun possession for those under domestic violence restraining orders
Jurist
by Ingrid Burke Friedman | JURIST Editorial Director
17h ago
The US Supreme Court on Friday upheld a federal law barring gun ownership for individuals who have been subjected to domestic violence restraining orders. The case, US v. Rahimi, centered on Zackey Rahimi, who—according to case documents—was subjected to a restraining order after publicly beating his girlfriend and then firing shots. Subsequently, in a separate incident, he was charged with aggravated assault for threatening a second woman with a gun. While in police custody, he was identified as a suspect in five other shootings. Police searched his home, and discovered two firearms, ammuniti ..read more
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US Supreme Court rules unanimous jury required for sentence enhancement under Armed Career Criminal Act
Jurist
by Cooper Feiner | U. Pittsburgh School of Law, US
17h ago
The US Supreme Court ruled on Friday that a unanimous jury is required to apply a recidivism punishment under the Armed Career Criminal Act. That act imposes a 15-year mandatory minimum prison term for offenders who have three or more qualifying convictions, from three separate occurrences, under the act. The court held that a jury must unanimously find that the qualifying convictions were from separate occurrences for the mandatory minimum to apply. The opinion, written by Justice Neil Gorsuch, relied heavily on the Fifth and Sixth Amendments to the US Constitution. The Fifth Amendment grants ..read more
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India court stays bail granted to opposition leader in money laundering case
Jurist
by Shashank Pandey | The West Bengal National U. of Juridical Sciences, IN
17h ago
India’s Delhi High Court stayed Friday the bail granted to opposition leader and chief minister of Delhi, Arvind Kejriwal. A lower trial court granted Kejriwal bail in a money laundering case against him and his party associates filed by the Enforcement Directorate (ED), India’s financial crime investigation agency. The High Court recorded a verbal order stating the final order was reserved for two to three days. Consequently, the court stayed the trial court order granting bail to Kejriwal until the final order’s pronouncement. Sanjeev Nasiar, legal cell state president of Kejriwal’s Aam Aadm ..read more
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US Supreme Court finds citizens lack right to have non-citizen spouses allowed into country
Jurist
by Matthew Farrell | U. Toronto Faculty of Law, CA
18h ago
The US Supreme Court ruled on Friday that citizens do not have a right to have their non-citizen spouses allowed into the country. Justice Amy Coney Barrett wrote for a 6-3 majority that “a citizen does not have a fundamental liberty interest in her noncitizen spouse being admitted to the country” after a US citizen was unable to secure an immigrant visa for her Salvadoran husband. The case of Department of State et al. v. Muñoz et al. concerned Sandra Muñoz, a US citizen. She attempted to obtain an immigrant visa for her husband, Salvadoran citizen Luis Asencio-Cordero, who had lived in the U ..read more
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India election commission receives 11 applications to verify burnt memory of election machines
Jurist
by Arshiya Gupta | National Law U. Delhi, IN
18h ago
The Election Commission of India (ECI) received on Thursday eleven applications to verify the burnt memory of Electronic Voting Machines (EVMs) and Voter Verifiable Paper Audit Trail (VVPAT) units. Eight applications contested the recent 2024 Lok Sabha elections. These include three applications from the Bharatiya Janata Party (BJP), three applications from the Indian National Congress (INC) and two applications from the Desiya Murpokku Dravida Kazhagam (DMDK) and the Yuvajana Sramika Rythu Congress Party (YSRCP). Additionally, the ECI received three verification applications from candidates i ..read more
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