úterý 23. srpna 2016

Eastern Europe Strikes Back

"Now the script is completely reversed. Those voters who McCain fought so hard for in 2008 are still out there. They normally would be very inclined to vote for someone like Trump – on paper, they look just like his core supporters – but Putin’s clear preference for him over Clinton (combined with Trump’s naiveté on all things Russia) gives them great pause."

"“In and around Cleveland, Akron, Toledo, Detroit and all throughout Wisconsin, you’re talking about voters with family in Poland, the Baltics, Ukraine and the Czech Republic,” said Weaver. “These voters are key to any narrow path that Trump has left.”"

"Trump alarms Americans of Eastern European ancestry for many reasons.
Among them:

  • He has suggested that America will only conditionally live up to its obligations under the NATO charter and questioned the value of the alliance.
  • He’s said he’ll look into whether Putin should be allowed to keep Crimea, which he annexed with complete disregard for international law. “Having a good relationship with Russia is a good thing, not a bad thing,” he said this month.
  • Just three weeks ago, Trump pleaded directly with the Russian government to find and release tens of thousands of Clinton’s private emails. Asked whether Russian espionage into the former secretary of state’s correspondence would concern him, he replied: “No, it gives me no pause.”
  • Trump’s campaign chairman until last Friday, Paul Manafort, orchestrated the political comeback of Putin ally Viktor Yanukovych in Ukraine and is closely linked with other Putin cronies.
  • At the Republican National Convention last month, the Trump campaign stripped the party platform of language calling for the U.S. to provide lethal weapons to Ukraine to resist Russian belligerence."
Via WashPost.

pondělí 27. června 2016

Soudní novinky 26/16 (Nabito! OMT, imigrace, afirmativní akce)


neděle 19. června 2016

Soudní novinky 25/16 (Anal examinations are legal... at least in Kenya)


  • Oregon Judge Allows Resident to Change Sex to Non-binary
  • A Kenyan court has ruled that the use of anal examinations are legal after two men accused of being homosexuals were subjected to the tests.
  • NYTimes: Federal Judge Tosses Texas’ Lawsuit to Bar Syrian Refugees ("A federal judge in Dallas ruled Texas has no legal merit to sue the Obama administration over the resettlement of Syrian refugees in the state.")

neděle 12. června 2016

Soudní novinky 24/16 (France v Uber)


  • Začneme něčím zásadnějším: Judge gives farmer time to find ‘nice woman’ before driving ban.
  • Opět zajímavá (nejen) právnická otázka v NYT Room for Debate: Should an Unpopular Sentence in the Stanford Rape Case Cost a Judge His Job?
  • French court fines Uber, execs for illegal taxi service. ("A French court fined Uber Technologies [UBER.UL] 800,000 euros ($907,000) on Thursday for running an illegal taxi service with non-professional drivers and slapped smaller fines on two of its executives in the first such criminal case in Europe.")
  • The Turkish Constitutional Court rejected petitions by opposition lawmakers seeking to lift immunity for members of Parliament. 
  • "The Indian Supreme Court directed the central government to formulate a national policy for proper rehabilitation of rape survivors." (ICON)
  • "Ruling that prosecutors in Georgia violated the Constitution by striking every black prospective juror in a death penalty case against a black defendant, the Court by a majority of 7 to 1 reversed the order of the Georgia Supreme Court and held that the prosecutors of the State were motivated in substantial part by race when they struck the jurors from the jury 30 years ago. The Court further concluded, ‘considering all of the circumstantial evidence that bears upon the issue of racial animosity, we are left with the firm conviction that the strikes of the two jurors were motivated in substantial part by discriminatory intent’.

neděle 5. června 2016

Soudní novinky 23-16 (Kdo je nejcitovanější právník? Nápověda: píše o Hvězdných válkách, a není to Hoder)


  • Ústavní soud má být předvídatelný, srozumitelný a důvěryhodný - rozhovor s Vojtěchem Šimíčkem.
  • European pioneers battle air pollution in the courts ("Her group, known locally as Milieudefensie (Environmental defence), sent the Dutch government a summons earlier this month, saying it should come up with a plan to reduce air pollution. If not, it will take the government to trial next month. (..) The Netherlands, as many other EU member states, is failing to stay under the EU limits. Currently, the EU commission has opened infringement procedures for excessive levels of fine particles against more than half of the member states, and against six countries regarding nitrogen dioxide. (..) The Dutch case is inspired by a similar legal action against the UK government by the NGO ClientEarth. That UK case led to landmark ruling by the ECJ in November 2014, when the Luxembourg-based court said that a national court has the power to order a government to do more to improve air quality. (..) Meanwhile, the mayor of Paris is preparing two cases before the European Court of Justice (ECJ) against a recent decision by EU member states and the European Parliament to allow car manufacturers to exceed emissions limits. (..) In the UK, ClientEarth started a second case against the state, because the plan the government presented after being forced to do it by the UK Supreme Court, was not sufficient in their eyes. A landmark court ruling in the Netherlands in 2015, demanding that the government does more to fight climate change, has also not produced a policy shift that satisfied the organisation that won the case.")
  • Nejcitovanější právníci: Sunstein, Chemerinsky, Epstein, Posner, Lemley, Eskridge, Tushnet, Amar, Ackerman, Lessig. Sunstein teď mimochodem píše o Hvězdných válkách.
  • Garrett Epps: Why Legislate When Judges Will Do It for You? While the Supreme Court remains hobbled and deadlocked, the lower courts are making power grabs.
  • Bulgarian President takes referendum questions to Constitutional Court.
  • EU firms free to ban Muslim headscarves, jurist says ("The headscarf ban “may … be justified in order to enforce a legitimate policy of religious and ideological neutrality pursued by the employer”, Juliane Kokott, a German advocate general at the EU Court of Justice in Luxembourg).
  • Greek court halts Syrian deportations to 'unsafe' Turkey.
  • Polish president lectures EU judges on independence (méně dramatické než titulek napovídá).
  • Brussels court confirms UberPop ban.
  • Bad omen for Russia's legal attack on EU sanctions ("Rosneft, a huge, state-run Russian oil firm which is part-owned by British company BP, has filed two cases against the EU measures. The first one, at the EU Court of Justice (ECJ) in Luxembourg, seeks to annul an EU Council decision in July 2014 to impose curbs on credit and on technology exports to Russian energy firms and banks. The second one, at the English high court, seeks to stop UK authorities from implementing the EU decision. But the English court subsequently asked the ECJ to clarify legal issues before giving its verdict.")
  • A Court You’ve Never Heard of Is About to Raise the Stakes in the South China Sea. An international tribunal’s decision will reorder the tense chess game over the South China Sea — and test Washington’s commitment to the Philippines. ("The international tribunal is due to issue a decision this month over territorial disputes in the strategic waterway that have pitted China against its smaller neighbor, the Philippines. Most experts believe the court will side with Manila on the key issues. But China has already rejected the court’s authority and vowed to stick to its far-reaching claims over the contested shoals, reefs, and rocks that the Philippines also asserts are its own. With a minuscule navy and coast guard, Manila will be looking to the United States for both diplomatic and military support. But, so far, Washington has stopped short of promising to come to the rescue of the Philippines if its ships clash with Chinese vessels in the South China Sea.")

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.")