Professional Update
A
monthly newsletter for KZN Attorneys from the Kwazulu-Natal Law Society

1 June 2009

This professional service draws attention to current and important items of news
 and members are directed to the hosts' websites

InfoUpdate 11 of 2009
Useful Links
and Items of Interest  
 

United States, Canada and Central America

Canada

Cities won't escape land claim impacts - 8 May
BC's need to settle native land claims is seen by some Metro Vancouverites as a problem that will play itself out far away, in the rugged mountains and forests of the province's hinterland. The signing of the Tsawwassen treaty, which took effect April 4, was the first big wakeup call of the potential impact of urban treaty making. The government's decision to pull 500 acres of new treaty land out of the Agricultural Land Reserve so it can be developed by the Tsawwassen First Nation was deeply unpopular among environmentalists and farmland defenders. The vast tracts of Crown land that can be used as the primary currency to settle treaties in rural areas are not available here in the urban southwest. That's forced government negotiators to choose : put more cash on urban treaty tables or else enhance the value of smaller areas of treaty land. With more local treaties likely, there are fears more scarce farmland may be sacrificed. Metro Vancouver member cities are also concerned that treaty First Nations may unleash a tide of development in urban areas that doesn't necessarily follow regional or local plans. The provincial government, meanwhile, is poised to legally recognize aboriginal title through a new recognition and reconciliation act. -
bclocalnews website

See also :
Tsawwassen Treaty on the Ministry of Aboriginal Relations and Reconciliation website

Courts

Stocks could pose conflicts for court prospects - 6 May
Just last year, three justices' stock holdings and the job of another justice's son prevented the court from hearing a case that accused dozens of businesses of violating international law by assisting South Africa's former apartheid government. The companies and the Bush administration wanted the court to intervene. Because four of the nine justices sat out, the court's only option was to uphold an appeals court ruling that let the lawsuit proceed. Three of the judges could have taken part in the case if they had sold the investments in question. -
AP on Google website
Keyphrase :
United States. 'Apartheid Case'

Former Bank of China managers and their wives sentenced for stealing more than $485 million, laundering money through Las Vegas Casinos - 6 May
Two former managers of the Bank of China and their wives were sentenced today after their convictions on Aug 29, 2008, by a federal jury in Las Vegas on charges of racketeering, money laundering, international transportation of stolen property as well as passport and visa fraud. US District Judge Philip M Pro sentenced Xu Chaofan aka Hui Yat Fai to 25 years in prison, Xu Guojun aka Hui Kit Shun to 22 years in prison, Kuang Wan Fang aka Wendy Kuang to eight years in prison and Yu Ying Yi to eight years in prison. All four defendants were sentenced to three years of supervised release and ordered to pay $482 million in restitution. Denaturalization proceedings against Kuang Wan Fang and Yu Ying Yi have been initiated by the government. -
Wall Street Journal website

Judge turns down Polanski request - 7 May
A US judge has formally rejected Roman Polanski's request that a 1978 rape case against him is dismissed. Judge Peter Espinoza agreed there was misconduct by the judge in the original case, but said Mr Polanski must return to the US to apply for dismissal. Mr Polanski fled to France in 1978 before he could be sentenced for having unlawful sex with a 13-year-old girl. Mr Polanski's lawyers said he would not return to the US because he would be immediately arrested as a fugitive. He cannot be extradited from France. -
BBC News website

Symbionese Liberation Army member released on parole - 10 May
James William Kilgore, the last imprisoned member of the Symbionese Liberation Army, was released on parole today from a northern California prison. Kilgore, 61, was arrested in Cape Town, South Africa, in 2002 in connection with a bank robbery and murder in Sacramento in 1975. Hidalgo said Kilgore served a two-year federal sentence from 2004 to 2006 for possession of an explosive device and making false statements on an application for a passport. In 2006 he began a six-year sentence for second-degree murder. The SLA earned notoriety after kidnapping Patricia (Patty) Hearst in 1974. Kilgore is the last of five captured members to be released from custody, and will serve his parole term in Illinois where his wife lives. -
Los Angeles Times website

The fight for our genes heads to court - 24 May
Twenty percent of your body belongs to someone else. Don't believe us? Check the US Patent Office. Twenty percent of all human genes have been patented, mostly by private companies and research institutions. These patents are crippling the ability of scientists to study diseases and restricting patients from getting the information they need to make important medical decisions about their health. This month, six breast cancer patients filed suit against Myriad Genetics, a company that owns both the patent on two genes that are associated with an increased risk for breast cancer and ovarian cancer and the patent on testing to measure those risks. Some of these women are suing because they can't afford the $3 000 fee Myriad charges to determine their risk for breast or ovarian cancer. Some of them are suing because, thanks to Myriad's patent, they can't get second opinions about whether they should have their breasts or ovaries removed - no one else is allowed to perform another test for them. All of them are suing because they did not, and should not, expect to have such a crucial and excruciating medical decision stymied by patent officials run amok. - San Francisco Chronicle website

Emigration and Immigration

LA judge orders widows' green card cases reopened - 1 May
A federal judge on Friday ordered the government to reopen the immigration cases of dozens of foreign widows whose American citizen spouses died before they could get their green cards. US District Judge Christina A Snyder ruled that the Department of Homeland Security could not deny the widows' applications to remain in the country legally because the agency didn't process the paperwork before their spouses died. The ruling paves the way for several dozen widows in western states to have their applications for green cards reopened by the US government. Snyder's ruling follows a 2006 decision by the 9th US Circuit Court of Appeals in the case of a woman who had been ordered deported to South Africa after her husband was killed in a car accident. The 9th Circuit said she had the right to have her residency application reviewed. -
Mercury News website

Court bars identity-theft law as tool in immigration cases - 4 May
The Supreme Court on Monday rejected a favorite tool of prosecutors in immigration cases, ruling unanimously that a federal identity-theft law may not be used against many illegal workers who used false Social Security numbers to get jobs. The question in the case was whether workers who use fake identification numbers to commit some other crimes must know they belong to a real person to be subject to a two-year sentence extension for "aggravated identity theft". The answer, the Supreme Court said, is yes. -
New York Times website

Environment

Justices limit liability over toxic spill cases - 4 May
The Supreme Court made it harder on Monday for the government to recover the often enormous costs of environmental cleanups from companies with only minor or limited responsibility for toxic spills. The decision tightened the reach of the Superfund law, known formally as the Comprehensive Environmental Response, Compensation and Liability Act, by limiting both the kinds of companies subject to liability and the situations in which partly culpable companies can be made to bear the entire cost of cleanups. -
New York Times website

Finance

US plans derivatives regulations - 13 May
The US Treasury wants more regulation of derivatives - the complex financial instruments that brought down some of Wall Street's biggest names. Proposals to be set out by Treasury Secretary Timothy Geithner will call for an electronic system to monitor buying and selling in the market. Firms trading in derivatives will need enough capital in case they default and will face tough reporting requirements. -
BBC News website

Guatemala

Lawyer accuses Guatemala leader - 12 May
The Guatemalan government has dismissed allegations which link President Alvaro Colom to the death of a lawyer. A videotape recorded by the lawyer, Rodrigo Rosenberg, prior to his death claims that Mr Colom would be responsible for his murder. Mr Rosenberg alleges that he would have been killed because of his links to a client, a prominent businessman, who was killed in March with his daughter. The 47-year-old lawyer was shot dead on Sunday in Guatemala City. -
BBC News website

Human Rights

US to limit Guantanamo releases - 30 April
Between 50 and 100 detainees held by the US at Guantanamo Bay cannot be released or put on trial, US Defence Secretary Robert Gates has said. The fate of those detainees "is still open", Mr Gates told members of the Senate Appropriations Committee. -
BBC News website

Interrogation debate sharply divided Bush White House - 3 May
The proclamation that President George W Bush issued on June 26, 2003, to mark the United Nations International Day in Support of Victims of Torture seemed innocuous, one of dozens of high-minded statements published and duly ignored each year. The United States is "committed to the worldwide elimination of torture and we are leading this fight by example", Mr Bush declared, vowing to prosecute torture and to prevent "other cruel and unusual punishment". But inside the Central Intelligence Agency, the statement set off alarms. The agency's top lawyer, Scott W Muller, called the White House to complain. -
New York Times website

A post-script on Churchill, Obama and torture - 5 May
Given that the definitions and practices of brutal interrogation methods, past and present, remain part of our modern-day debate, it seems worthwhile to revisit the remarks President Obama made during his "100 Days" news conference about Winston Churchill's views on torture and gather some of the discussion that has ensued since then. -
New York Times website

Torture memos : inquiry suggests no prosecutions - 6 May
An internal Justice Department inquiry has concluded that Bush administration lawyers committed serious lapses of judgment in writing secret memorandums authorizing brutal interrogations but that they should not be prosecuted, according to government officials briefed on its findings. The report by the Office of Professional Responsibility, an internal ethics unit within the Justice Department, is also likely to ask state bar associations to consider possible disciplinary action, which could include reprimands or even disbarment, for some of the lawyers involved in writing the legal opinions, the officials said. -
New York Times website

Nazi suspect ordered to surrender - 8 May
A man wanted in Germany for Nazi war crimes has been ordered by US authorities to surrender to an immigration office for deportation. John Demjanjuk, who lives in Ohio, has been fighting deportation since March, when Germany filed charges against him. On Thursday, the US Supreme Court rejected a request by Mr Demjanjuk, 89, to intervene in the case. -
BBC News website

'Nazi guard' Demjanjuk deported - 11 May
Alleged Nazi war criminal John Demjanjuk has been deported from the US on a plane bound for Germany. The frail 89-year-old is due to face charges in Germany of being an accessory to the deaths of 29,000 Jews during World War II. He denies accusations that he worked as a guard in the Sobibor Nazi death camp. -
BBC News website

Demjanjuk facing Germany charges - 12 May
Alleged Nazi war criminal John Demjanjuk is in Munich, to face charges of being an accessory to the deaths of 29 000 Jews during World War II. The frail 89-year-old arrived in Germany on Tuesday morning after being deported from the US, police say. -
BBC News website

See also : Germany

Taxation Law

Obama crackdown on tax loopholes - 4 May
President Barack Obama has proposed outlawing offshore tax-avoidance techniques in a move that could hit US corporations with overseas divisions. His proposals would axe some tax deductions for firms that earn profits in countries with low tax rates. His plan envisages 800 extra federal agents to police the laws, and may reap $210bn (£140bn) in tax over the decade. The president said he wanted to "make it easier" for US companies to create jobs at home. -
BBC News website

InfoUpdate : an Information Service supplied by the KwaZulu-Natal Law Society