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Ethics reform bill approved by Senate
Legal Career News | 2007/01/19 16:28

The US Senate passed the Legislative Transparency and Accountability Act of 2007 by a 96-2 vote Thursday, but declined to create a Senate Office of Public Integrity to investigate ethics breaches. The bill was the first major initiative taken by the Senate in the new Democrat-dominated session of Congress. The measure regulates lobbying activities by preventing lawmakers from accepting gifts and travel from lobbyists, requiring stricter reporting of lobbying activity, preventing spouses of lawmakers from lobbying the Senate and extending the period a former senator must wait before undertaking lobbying activities to two years. The final text passed by the Senate, however, did not include a provision which would have required disclosure of grass-roots lobbying. Senators voted 55-43 not to include that provision in the bill.

The bill also requires clearer reporting of home state projects, denies pension benefits to those convicted of serious crimes and requires lawmakers to pay the full price fare when traveling on chartered planes. Opponents of the bill complained the measure discouraged free speech by deterring petition drives, but majority leader Sen. Harry Reid (D-NV) called the measure "the most significant legislation in ethics and lobbying reform we've had in the history of this country."



Court upholds killing of 'Wal-Mart bill'
Court Feed News | 2007/01/18 16:52

A federal appeals court on Wednesday said the State of Maryland may not require large retailers (Wal-Mart was the target) to spend 8 percent of their payrolls on health care for employees. In a 2-1 ruling, the U.S. Court of Appeals for the Fourth Circuit upheld a lower court ruling that said Maryland's law violated the Employee Retirement Income Security Act. (That federal labor law says companies may offer uniform health benefits across the country rather than deal with a variety of state requirements.)

"Hopefully this will send a message to other states," said the American Legislative Exchange Council (ALEC), a group that represents the interests of state lawmakers and advocates free-market policies. According to ALEC, five other states - Indiana, Minnesota, Missouri, Mississippi and New York -- have all filed "Fair Share" bills like the one that became law in Maryland. A Wal-Mart defense group -- Working Families for Wal-Mart -- applauded the appeals court ruling.



UN SG Ban concerned over stalled Hariri tribunal
Legal World News | 2007/01/18 14:54

UN Secretary-General Ban Ki-moon said Wednesday that he is concerned about the status of ongoing discussions between the UN and Lebanon on the proposed UN-supported international tribunal to try suspects accused of assassinating former Lebanese Prime Minister Rafik Hariri in February 2005. Ban said:

It is important that the Security Council has decided to establish a special tribunal. The United Nations has concluded agreement with the Lebanese Government. It is a source of concern for me, as Secretary-General, that we are not being able to establish a special tribunal, as was mandated by the Security Council. At the same time, I was encouraged by the willingness of the Lebanese Government to work together for the establishment of a special tribunal, including President Lahoud and Speaker of the Parliament Berri. I will discuss again this matter with the Lebanese leaders when I meet them in Paris.

The Lebanese cabinet approved a draft plan for the tribunal in November despite the resignation of all six pro-Syrian members. In December, Lebanese President Emile Lahoud formally refused to endorse the document, calling on the cabinet to take up the proposal again "when there is a legitimate and constitutional government."

The measure has been approved by the UN but requires backing by both Lahoud and the Lebanese parliament before the tribunal can said to have been formally accepted. 



Iraqi leaders agree on draft oil law
Legal World News | 2007/01/18 13:18
Iraqi officials have agreed a final draft of a law that sets rules for sharing Iraq’s oil wealth and aims to bring in billions of dollars of foreign investment to rebuild the mainstay of the economy.

But crucially, international oil firms waiting for access to the world’s third biggest oil reserves will find little detail in the draft about the form future deals will take. They are likely to hold off major commitments until there is clarity. The draft calls for a federal committee headed by the prime minister to oversee future contracts and review deals signed under Saddam Hussein or by the Kurdish regional government, oil ministry spokesman Asim Jihad said.

Passing an oil law to help settle potentially explosive disputes among Iraq’s ethnic and sectarian communities over the division of oil reserves has been a key demand of the United States in providing further military support to the government.

Iraq’s Oil Committee of senior national and regional leaders has been drawing and redrawing the document for months and missed its own deadline of finalising it by the end of 2006.

The Oil Committee, headed by Deputy Prime Minister Barham Salih, will send the draft to cabinet next week for approval. After that it will go to parliament. Officials hope that the broad base of the negotiating team means it will pass easily. The final draft was in line with earlier versions described last month after a previous round of talks.

A national oil company will be set up to develop production and exports and the law is intended to ensure development of the oil industry across Iraq’s regions, Jihad said. It establishes a mechanism for centralising oil revenues and distributing them to the regions. Jihad refused to say who will negotiate with the international firms but explained a federal council will have the final word on approving the contracts.

The division of oil is a key factor in communal tensions in Iraq. The southern oil fields around Basra lie in territory controlled by competing factions of the dominant Shi’ite Islamist political forces, The northern fields lie on the edge of Iraqi Kurdistan around the city of Kirkuk. Kurds want to annexe the city as their regional capital. The Sunni minority is concentrated in Baghdad and regions immediately to the north and west where there are few known hydrocarbon reserves.



Terror watch list to be culled: TSA official
Legal Career News | 2007/01/18 09:52

The "no-fly" terrorist watch list now used by the Transportation Security Administration (TSA) is being redrafted and will likely be cut in half, according to testimony given by TSA Administrator Kip Hawley during a Thursday Senate Commerce Committee  hearing. Hawley said that "To assure the accuracy of the No-Fly list itself, we will shortly conclude a case by case review of every name on the No-Fly list" and that the TSA Secure Flight Program, scheduled to come into effect in 2008, will replace current watch list efforts. The Secure Flight Program will transfer the responsibility of checking passenger information against the watch list from the aircraft operator to the TSA itself. Hawley also testified that a 100 percent requirement for physically inspecting all air cargo, as recommended by the 9/11 Commission and passed by the House of Representatives last week, may not be as effective as other security measures.

In October, the Governmental Accountability Office (GAO) reported that erroneous terrorism watch lists slow travel, and a July study by the Department of Homeland Security suggested that the watch list system was inefficient. The US Department of Justice reported last year that the list was missing some names, was based on incomplete and inaccurate information, and mischaracterized the danger posed by nearly 32,000 suspects who are not designated as targets of significant security action.



Bush backing off no-warrant spying
Law & Politics | 2007/01/18 06:35



The Bush administration changed course and agreed Wednesday to let a secret but independent panel of federal judges oversee the government's controversial domestic spying program.

Officials say the secret court has already approved at least one request for monitoring.

The shift will probably end a court fight over whether the warrantless surveillance program was legal.

The program, which was secretly authorized by President Bush shortly after 9/11, was disclosed a little more than a year ago, resulting in widespread criticism from lawmakers and civil libertarians questioning its legality.

The program allowed the National Security Agency – without approval from the Foreign Intelligence Surveillance Court – to monitor phone calls and e-mails between the U.S. and other countries when a link to terrorism is suspected.

In a letter to senators Wednesday, Attorney General Al Gonzales said "any electronic surveillance that was occurring as part of the Terrorist Surveillance Program will now be conducted subject to the approval of the Foreign Intelligence Surveillance Court."

Mr. Gonzales said Mr. Bush won't reauthorize the program once it expires.



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