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Panama’s high court declared a mining contract unconstitutional
Legal Blog News |
2023/11/30 09:26
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In a historic ruling, Panama’s Supreme Court this week declared that legislation granting a Canadian copper mine a 20-year concession was unconstitutional, a decision celebrated by thousands of Panamanians activists who had argued the project would damage a forested coastal area and threaten water supplies.
The mine, which will now close, has been an important economic engine for the country. But it also triggered massive protests that paralyzed the Central American nation for over a month, mobilizing a broad swath of Panamanian society, including Indigenous communities, who said the mine was destroying key ecosystems they depend on.
In the unanimous decision Tuesday, the high court highlighted those environmental and human rights concerns, and ruled the contract violated 25 articles of Panama’s constitution. Those include the right to live in a pollution-free environment, the obligation of the state to protect the health of minors and its commitment to promote the economic and political engagement of Indigenous and rural communities.
The ruling would lead to the closure of Minera Panama, the local subsidiary of Canada’s First Quantum Minerals and the largest open-pit copper mine in Central America, according to jurists and environmental activists.
The court said the government should no longer recognize the existence of the mine’s concession and Panama’s President Laurentino Cortizo said “the transition process for an orderly and safe closure of the mine will begin.”
Analysts say it appears highly unlikely that Panama’s government and the mining company will pursue a new agreement based on the resounding rejection by Panamanians.
“There are sectors in the country that would like a new contract, but the population itself does not want more open-pit mining, the message was clear,” said Rolando Gordón, dean of the economics faculty at the state-run University of Panama. “What remains now is to reach an agreement to close the mine.”
Analysts say the mining company is free to pursue international arbitration to seek compensation for the closure based on commercial treaties signed between Panama and Canada. Before the ruling, the company said it had the right to take steps to protect its investment.
With the ruling, the Panamanian government and the mining company are headed for arbitration at the World Bank’s international center for arbitration of investment disputes, in Washington, said Rodrigo Noriega, a Panamanian jurist.
Marta Cornejo, one of the plaintiffs, said “we are not afraid of any arbitration claim” and that they are “capable of proving that the corrupt tried to sell our nation and that a transnational company went ahead, knowing that it violated all constitutional norms.”
In a statement after the verdict, the mining company said it had “operated consistently with transparency and strict adherence to Panamanian legislation.” It emphasized that the contract was the result of “a long and transparent negotiation process, with the objective of promoting mutual economic benefits, guaranteeing the protection of the environment.”
Cortizo, who had defended the contract arguing it would keep 9,387 direct jobs, more than what the mine reports, said that the closing of the mine must take place in a “responsible and participative” manner due to the impact it would have.
The company has said the mine generates 40,000 jobs, including 7,000 direct jobs, and that it contributes the equivalent of 5% of Panama’s GDP.
The court verdict and the eventual closure of the mine prompted more protests, this time by mine workers. |
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Federal Judge rules California assault weapons ban unconstitutional
Legal Blog News |
2023/10/20 17:22
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A federal judge who previously overturned California’s three-decade-old ban on assault weapons did it again on Thursday, ruling that the state’s attempts to prohibit sales of semiautomatic guns violates the constitutional right to bear arms.
U.S. District Judge Roger Benitez of San Diego conceded that powerful weapons like AR-15 rifles are commonly used by criminals, but said the guns are importantly also owned by people who obey the law and feel they need firearms to protect themselves.
“The State of California posits that its ‘assault weapon’ ban, the law challenged here, promotes an important public interest of disarming some mass shooters even though it makes criminals of law-abiding residents who insist on acquiring these firearms for self-defense,” Benitez wrote. “Nevertheless, more than that is required to uphold a ban.”
The judge’s ruling is nearly identical to a 2021 decision in which he called California’s ban on assault weapons a “failed experiment.” Benitez has has repeatedly struck down multiple California firearms laws. Just last month, he ruled the state cannot ban gun owners from having detachable magazines that hold more than 10 rounds.
Benitez’s latest decision would overturn multiple state statutes related to assault weapons. The judge gave the state 10 days to seek a stay on the ruling as part of an appeal to the U.S. 9th Circuit Court of Appeals.
California Attorney General Rob Bonta said his office had already filed a notice of appeal.
“Weapons of war have no place on California’s streets,” Bonta said in a statement Thursday. “This has been state law in California for decades, and we will continue to fight for our authority to keep our citizens safe from firearms that cause mass casualties. In the meantime, assault weapons remain unlawful for purchase, transfer, or possession in California.”
John Dillon, an attorney for the plaintiffs who sued to overturn the law, cheered the judge’s ruling. |
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Kavanaugh predicts ‘concrete steps soon’ to address ethics concerns
Legal Blog News |
2023/09/08 11:19
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Supreme Court Justice Brett Kavanaugh told a judicial conference on Thursday he hopes there will be “concrete steps soon” to address recent ethics concerns surrounding the court, but he stopped short of addressing calls for justices to institute an official code of conduct.
“We can increase confidence. We’re working on that,” Kavanaugh told the conference attended by judges, attorneys and other court personnel in Ohio. He said all nine justices recognize that public confidence in the court is important, particularly now.
Public trust in the court is at a 50-year low following a series of divisive rulings, including the overturning of Roe v. Wade federal abortion protections last year, and published reports about the justices’ undisclosed paid trips and other ethical concerns.
“There’s a storm around us in the political world and the world at large in America,” Kavanaugh said. “We, as judges and the legal system, need to try to be a little more, I think, of the calm in the storm.”
Justice Clarence Thomas acknowledged recently that he took three trips last year aboard a private plane owned by Republican megadonor Harlan Crow even as he rejected criticism over his failure to report trips in previous years.
Reporting by the investigative news site ProPublica also revealed that Justice Samuel Alito failed to disclose a private trip to Alaska he took in 2008 that was paid for by two wealthy Republican donors, one of whom repeatedly had interests before the court. |
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Ex-Catholic Cardinal McCarrick, age 93, found unfit to stand trial
Legal Blog News |
2023/08/31 10:43
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The once-powerful Roman Catholic Cardinal Theodore McCarrick will not stand trial on charges he sexually assaulted a teenage boy decades ago, as a Massachusetts judge dismissed the case against the 93-year-old on Wednesday because both prosecutors and defense attorneys agree he is experiencing dementia.
McCarrick, the ex-archbishop of Washington, D.C., was defrocked by Pope Francis in 2019 after an internal Vatican investigation determined he sexually molested adults as well as children. The McCarrick scandal created a crisis of credibility for the church, primarily because there was evidence Vatican and U.S. church leaders knew he slept with seminarians but turned a blind eye as McCarrick rose to the top of the U.S. church as an adept fundraiser who advised three popes.
During Wednesday’s hearing, Dr. Kerry Nelligan, a psychologist hired by the prosecution, said she found significant deficits in McCarrick’s memory during two interviews in June, and he was often unable to recall what they had discussed from one hour to the next. As with any form of dementia, she said there are no medications that could improve the symptoms.
“It’s not just that he currently has these deficits,” Nelligan said. “There is no way they are going to get better.” Without being able to remember discussions, he could not participate with his lawyers in his defense, she said.
McCarrick appeared via a video link during the hearing. He was slightly slumped in his chair wearing a light green shirt and what appeared to be a grey sweater vest or sweater around his shoulders. He did not speak during the hearing.
The once-powerful American prelate faced charges that he abused the teenage boy at a wedding reception at Wellesley College in 1974.
McCarrick has maintained his innocence and pleaded not guilty in September 2021. He was also charged in April with sexually assaulting an 18-year-old man in Wisconsin more than 45 years ago.
In February, McCarrick’s attorneys asked the court to dismiss the case, saying a professor of psychiatry and behavioral science at the Johns Hopkins University School of Medicine had examined him and concluded that he has dementia, likely Alzheimer’s disease.
At that time, lawyers said McCarrick had a “limited understanding” of the criminal proceedings against him. |
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Musk threatens to sue researchers who documented the rise in hateful tweets
Legal Blog News |
2023/07/31 10:20
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X, the social media platform formerly known as Twitter, has threatened to sue a group of independent researchers whose research documented an increase in hate speech on the site since it was purchased last year by Elon Musk.
An attorney representing the social media site wrote to the Center for Countering Digital Hate on July 20 threatening legal action over the nonprofit’s research into hate speech and content moderation. The letter alleged that CCDH’s research publications seem intended “to harm Twitter’s business by driving advertisers away from the platform with incendiary claims.”
Musk is a self-professed free speech absolutist who has welcomed back white supremacists and election deniers to the platform, which he renamed X earlier this month. But the billionaire has at times proven sensitive about critical speech directed at him or his companies.
The center is a nonprofit with offices in the U.S. and United Kingdom. It regularly publishes reports on hate speech, extremism or harmful behavior on social media platforms like X, TikTok or Facebook.
The organization has published several reports critical of Musk’s leadership, detailing an increase in anti-LGBTQ hate speech as well as climate misinformation since his purchase. The letter from X’s attorney cited one specific report from June that found the platform failed to remove neo-Nazi and anti-LGBTQ content from verified users that violated the platform’s rules.
In the letter, attorney Alex Spiro questioned the expertise of the researchers and accused the center of trying to harm X’s reputation. The letter also suggested, without evidence, that the center received funds from some of X’s competitors, even though the center has also published critical reports about TikTok, Facebook and other large platforms.
“CCDH intends to harm Twitter’s business by driving advertisers away from the platform with incendiary claims,” Spiro wrote, using the platform’s former name.
Imran Ahmed, the center’s founder and CEO, told the AP on Monday that his group has never received a similar response from any tech company, despite a history of studying the relationship between social media, hate speech and extremism. He said that typically, the targets of the center’s criticism have responded by defending their work or promising to address any problems that have been identified. |
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