neděle 29. května 2016

Soudní novinky 21-22/16 (Žaloba na Obamu kvůli záchodům)

  • NYTimes: Swedish Court Sentences Man to Life in Prison for Role in Rwanda Genocide ("The Stockholm District Court found that Claver Berinkindi, who obtained Swedish citizenship in 2012, had participated in five massacres in 1994"). 
  • Mississippi School District Ordered to Desegregate Its Schools ("A federal court has ordered a town in Mississippi to desegregate its high schools and middle schools, ending a five-decade-long legal battle over integrating black and white students. (..) The decision comes six decades after the United States Supreme Court declared in Brown v. Board of Education that “separate but equal has no place” in public schools. Tuesday is the 62nd anniversary of the landmark decision.").
  • German Constitutional Court to rule on ECB bond-buying programme in June ("The German Constitutional Court in Karlsruhe will announce on 21 June – two days before the UK’s EU referendum – its verdict on whether the European Central Bank’s OMT bond-buying programme is in line with the German Constitution. Judges are examining if the ECB overstepped its mandate by announcing it would buy an unlimited amount of government bonds at the height of the Eurozone crisis in 2012.") zdroj: DPA
  • Tématická debata na NYT: Is a Deadlocked Supreme Court Such a Bad Thing? 
  • Google takes right to be forgotten battle to France's highest court. Company is appealing against decision by French data protection authority to apply search-results ruling to all its domains.("In the past month alone, Google says it has received 88,814,884 requests to remove URLs due to alleged copyright infringement.")
  • A ještě jednou Google: The Economist: Google could face billion-dollar fines in two court cases ("THIS spring may go down as the most expensive season in Google’s history. On May 24th French prosecutors raided the firm’s Paris office to collect evidence as part of an investigation in pursuit of an estimated €1.6 billion ($1.8 billion) in back taxes. (The firm says it is co-operating fully.) The tech giant also faces two other, more costly legal imbroglios.")
  • Používáte chytré hodinky? Pak pozor! Jde se k soudu... Just How Accurate Are Fitbits? The Jury Is Out.
  • NYTimes: States Sue Obama Administration Over Transgender Bathroom Policy ("Officials in 11 states, led by Texas, accused the federal government of trying to make schools and offices “laboratories for a massive social experiment.”")
  • Kansas Supreme Court Rejects School Funding Plan, Citing ‘Intolerable’ Inequities ("The Kansas Supreme Court ruled on Friday that the state Legislature had failed to equitably fund public schools, once again giving the state until June 30 to fix its financing system or face a court-ordered shutdown of schools.")

pondělí 16. května 2016

Soudní novinky 20/16 (Ruský ústavní soud ignoruje ESLP)

  • NYTimes: Turkey’s President Erdogan Fails to Silence German Publisher ("A German court rejected a request by President Recep Tayyip Erdogan for an injunction against the chief executive of Axel Springer over his support for a comedian who lampooned the Turkish leader.") 
  • U.S. Court Dismisses Rana Plaza Lawsuit ("Families of the 1,130 victims who died in the Rana Plaza factory collapse three years ago in Bangladesh should not expect to find any sort of restitution in the U.S. any time soon, in large part because of legal technicalities.")
  • Russia’s Constitutional Court Declares Judgment of the European Court “Impossible” to Enforce ("Last month on April 19, 2016, Russia’s Constitutional Court ruled that enforcement of the 2013 Anchugov & Gladkov v. Russia judgment of the European Court on Human Rights (ECtHR) is ‘impossible’, because it is contrary to the Russian Constitution. (..) By denying individual plaintiffs Anchugov and Gladkov any recourse however, the Constitutional Court preserves its dubious authority to declare unenforceable judgments and just compensation awards to victims of human rights abuses in Russia.")
  • The Fate of Brazil’s Democracy Depends on a Man You’ve Never Heard Of. Sergio Moro is leading the biggest corruption investigation in the country's history. ("He'd better get it right.Moro has become a household name. He’s the judge leading the charge in the massive investigation against corrupt businessmen and government officials who stole millions of dollars from state coffers.")

neděle 8. května 2016

Soudní novinky 19/16 (Žaloba na nudu v práci)

  • Unrepresented defendants crowd criminal courts ("The number of unrepresented defendants in criminal courts is increasing – but no one knows how big the problem is. That is the conclusion of research published in a week when the lord chief justice complained that civil courts are having to abandon the adversarial system to deal with the increasing number of litigants in person.")
  • Konečně něco pořádného! FRENCH MAN SUES EX-EMPLOYER FOR BOREDOM "(the French man demanding 360,000 euros ($416,000) from his ex-employer, claiming he was given so little to do at work he suffered from “bore-out.” The 44-year-old says his job as a manager at a perfume company was so tedious he became depressed and exhausted.")
  • The High Court has reserved judgment on whether British citizens living in other European countries are legally entitled to vote in the European Union referendum.
  • America’s Trial Court Judges: Our Front Line for Justice ("THE outcry over the Senate’s failure to hold hearings on Judge Merrick Garland’s nomination to the Supreme Court is fully justified. But that isn’t the only judiciary scandal on Capitol Hill. Even as the spotlight shines on the high court, the Senate has refused to confirm dozens of uncontroversial nominees to fill vacancies in the federal trial courts. (..) During President George W. Bush’s last two years in office, the Democratic-controlled Senate confirmed about 57 district court judges. Since Republicans took power in 2014, the Senate has confirmed only 15 of President Obama’s trial court nominees. This is an even bigger problem than Judge Garland’s stalled nomination. Trial court judges do the bulk of the work in the federal court system: Last year nearly 375,000 new cases were filed, while the Supreme Court justices issued just under 75 opinions. And because most trial court decisions are never appealed, they become the final word in significant disputes that affect millions of Americans.").
  • Roy Moore, Alabama Judge, Suspended Over Gay Marriage Stance ("An Alabama judicial oversight body on Friday filed a formal complaint against Roy S. Moore, the chief justice of the state’s Supreme Court, charging that he had “flagrantly disregarded and abused his authority” in ordering the state’s probate judges to refuse applications for marriage licenses by same-sex couples. As a result of the charges, Chief Justice Moore, 69, has been immediately suspended from the bench and is facing a potential hearing before the state’s Court of the Judiciary, a panel of judges, lawyers and other appointees. Among possible outcomes at such a hearing would be his removal from office.")

Power speaking!

Z proslovu velvyslankyně USA u OSN Samanthy Power k situaci na Ukrajině (takových úseků je tam spousta): "I began my remarks today by encouraging us all not to lose sight of the root cause of this crisis – Russia’s occupation of Crimea, and Russia’s ongoing arming, training, and fighting alongside separatists in eastern Ukraine. Just as the root cause of this crisis has not changed, nor has the solution. As has always been the case, the crisis manufactured by Russia can and must be ended by Russia – by stopping its arming, training, and fighting along separatists in eastern Ukraine – and by ending its illegal occupation of Crimea."
Foto: United States Mission Geneva. Photo: Eric Bridiers, Creative Commons Attribution 2.0 Generic license.

neděle 1. května 2016

Soudní novinky 18/16 (Do Maďarska ne!)

  • Asylum transfers to Hungary get the axe ("A high court in Finland this week issued the latest in a string of European rulings on suspension of asylum seeker transfers to Hungary. (..) Courts in Austria, Belgium, Denmark, France, Germany, Luxembourg, Norway, and Switzerland have issued similar judgements against Hungary.") 
  • Dutch ruling on Yukos was political, Khodorkovsky says ("A Dutch court has overturned a $50 billion award against Russia over its break-up of oil firm Yukos, prompting the company’s former CEO to accuse judges of playing politics. (..) Russia had signed and provisionally applied the pact but never ratified it, meaning, the district court said, that international arbitrators “lacked jurisdiction."")
  • Hillsborough inquests: Fans unlawfully killed, jury concludes ("The jury decided the match commander Ch Supt David Duckenfield's actions amounted to "gross negligence" due to a breach of his duty of care to fans. Police errors also added to a dangerous situation at the FA Cup semi-final. After a 27-year campaign by victims' families, the behaviour of Liverpool fans was exonerated.")
  • Editorial NYT: Voting Rights Lose in North Carolina ("Late Monday, a federal district judge upheld one of the most regressive and restrictive voting laws in the country — a 2013 North Carolina law that eliminated same-day voter registration and preregistration for 16- and 17-year-olds; cut back on early voting by a week; barred counting votes cast outside voters’ home precincts; and required voters to show identification at the polls. State lawmakers said these changes were necessary to reduce fraud and inefficiency in elections — though there is no evidence of voter fraud to combat or inefficiency to cure.")
  • Colombia's top court has legalized same-sex marriage, making the country the fourth in Latin America to do so. Gay couples were already allowed to form civil partnerships, but Thursday’s ruling extends them the same marriage rights as heterosexual couples.