From the Associated Press on February 27, 2008...

The prison law clerk who convinced the U.S. Supreme Court to hear a fellow inmate's drug possession case is being investigated by South Carolina's Attorney General Henry McMaster for practicing law without a license. Jailhouse lawyer Michael Ray, who is serving time for real-estate fraud, drafted an appeal for pro-se litigant Keith Lavon Burgess arguing that Burgess' 20-year mandatory minimum sentence was inappropriate because his prior drug conviction was not a felony but rather a misdemeanor. While Ray does not have college or law school education, he drafted a fairly clever appeal and now the Supreme Court has granted review of the case.

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Stanford Law School Professor Jeff Fisher will be arguing the case before the Supreme Court on Burgess' behalf.

The case under review is: Burgess v. United States
Supreme Court Docket: 06-11429
Decision Below: 478 F3d 658
Lower Court Case Number: 04-4997
Questions Presented:

1. Whether the term "felony drug offense" as used in the federal statute requiring imposition of enhanced mandatory minimum 20 years' imprisonment when drug offender has "prior conviction for a felony drug offense" must be read in pari material with federal statutes defining both "felony" and "felony drug offense," so as to require imposition of a minimum 20 year sentence only if prior drug conviction is both punishable by more than one year in prison and characterized as a felony by controlling law?
2. When the court finds that a criminal statute is ambiguous, must it then turn to rule of lenity to resolve ambiguity?

 A € 899 penalty was imposed on Microsoft by the European Commission for failure to comply with the Commission's 2004 decision.  This is the first time that the EU has fined an organization for failure to comply with one of its decisions.

Here is the first paragraph of the EU Press release.

Antitrust: Commission imposes € 899 million penalty on Microsoft for non-compliance with March 2004 Decision

The European Commission has imposed a penalty payment of € 899 million on Microsoft for non-compliance with its obligations under the Commission’s March 2004 Decision (see IP/04/382) prior to 22 October 2007. Today’s Decision, adopted under Article 24(2) of Regulation 1/2003, finds that, prior to 22 October 2007, Microsoft had charged unreasonable prices for access to interface documentation for work group servers. The 2004 Decision, which was upheld by the Court of First Instance in September 2007 (see CJE/07/63 and MEMO/07/359), found that Microsoft had abused its dominant position under Article 82 of the EC Treaty, and required Microsoft to disclose interface documentation which would allow non-Microsoft work group servers to achieve full interoperability with Windows PCs and servers at a reasonable price.

The EU Press Release with more detail is here.

From BBC News in Guatemala City:

Military archives spanning nearly four decades of civil war in Guatemala will be opened to the public, the country's President Alvaro Colom has announced.  Some 250,000 civilians were killed or disappeared in the 36-year conflict, which was ended in 1996 by a UN-sponsored peace agreement.   Mr Colom made Monday's announcement from the balcony of the National Palace overlooking Guatemala's Central Square. Demonstrators had gathered from all over the country to hear the news.

For more information on Guatemala, see:

• National Public Radio: Guatemala: Unearthing the Future
  
• The Historical Clarification Commission (CEH) was established on June 23, 1994, as part of peace agreements between the Guatemalan government and the National Guatemalan Revolutionary Unit (URNG), to investigate human rights violations in the 36-year armed conflict in this country.  The commission's final report, entitled Memory of Silence, is available in both Spanish and English.
• The National Security Archives: Guatemalan Police Archives
• Sterling Memorial Library's Microform Collections: Guatemala
• WorldLII: Republic of Guatemala
• CIA World Factbook: Guatemala
  
• News sources:
  • Prensa Libre
  • Siglo Veintiuno/Siglo News

The wave of foreclosures currently flooding Connecticut court dockets could be the early stages of a deluge.  City of New Haven Mayor John DeStefano Jr. has assembled a task force is using Yale law students to gather more details about the scope of the mortgage crisis, and to look for potential targets of litigation.

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The U.S. Government Printing Office (GPO) is joining the University of Illinois at Chicago (UIC) and Federal Depository Libraries around the country to provide an online reference service to the American public.  UIC will manage and maintain this unique free web based service called  "Government Information Online: Ask a Librarian."   It will be supported by nearly 20 public, academic and state libraries throughout the country.  This service will give the public an opportunity to ask questions about government resources to librarians who specialize in finding government information on every topic.

An example of how this service works: with the current process in the Presidential elections, the public may have questions about the primaries, caucuses and Electoral College process. A librarian is available at http://govtinfo.org/ to answer those or any other questions about the government. 

Yale University currently offers "Ask a Librarian" services to its library patrons, at http://www.library.yale.edu/reference/asklive/index.html

From the February 23, 2008 New York Times...

A center devoted to the life, works, papers and policies of President Bush will be built at Southern Methodist University, despite lingering concerns and opposition from some Methodists.  In addition to a library of presidential papers, the center here will include a museum and a public policy institute that will generally be independent of the university, though it will appoint at least one board member.

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To learn more about Presidential Libraries and executive documents, please visit:

The National Archives Presidential Libraries

The American Presidency Project

This is really interesting. The proposed new British Bill of Rights looks increasingly like a bill of responsibilities.  Responsibilities that are enforceable in court!

More from The Guardian:

A new British bill of rights and duties may include duties of behaviour between fellow citizens that are enforceable by judges, the justice secretary Jack Straw indicated yesterday. Straw, also lord chancellor, is planning a British bill of rights to complement the European convention on human rights. The exercise is separate from a possible 20-year plan to introduce a potential British written constitution.

Straw made his remarks in a speech at George Washington University, Washington DC, where he also indicated that a written constitution was 20 years away. He said he was looking at a US-style sentencing commission that might take into account the size of the prison population in making broad decisions on sentencing.

The constitutional conversation is getting interesting.  Here The Guardian gets in its two cents (is that pence?):

Evolution not revolution is the way for constitutions to develop - except, perhaps, at times in history when a real revolution is under way. That was the message of justice secretary Jack Straw yesterday, as he spoke to a Washington audience. The tumultuous circumstances of American independence allowed the founding fathers to build up enduring rules from first principles; in more ordinary times a constitution written on a blank sheet will provide only a paper barrier against the abuse of power.

That didn't take long. Responses to Straw's comments are coming fast and furious. This will be interesting to watch. Here is an article in The Times:

What a difference a few hours make. In the morning, Jack Straw’s heavily qualified hints about working towards a written constitution were welcomed by Unlock Democracy, a leading reform group. Then, in the afternoon, Mr Straw’s full speech, entitled “Modernising the Magna Carta”, received a more hostile response: “what a load of cobblers,” as the OurKingdom website put it.

Jack Straw discussed the future of the British constitution and bill of rights and responsibilities on BBC yesterday.  The Guardian picks it up:

Britain is unlikely to have a full written constitution for at least 10 or 20 years, the justice secretary, Jack Straw, said today.

He confirmed that he is drawing up plans for a draft bill of rights and responsibilities, which would set down in one document the rights that citizens have, and also their civic duties.

But he stressed that this would not be the same as a new written constitution, such as America's.

As a Supreme Court for the UK approaches, appellate judging is in the news. From The Times:

How many law lords does it take to decide a case? Normally, the answer is five. But last week and this, nine members of the Appellate Committee of the House of Lords are hearing two important cases. When the new Supreme Court opens its doors in October 2009, seven or nine justices should hear every case.

There are 12 law lords, if you count (and no one has done so for a long time) Lord Saville of Newdigate, who has spent the past ten years out of the office chairing the inquiry into the 1972 Bloody Sunday shootings in Northern Ireland and who is unlikely ever to return to judicial work even when (if ?) he finishes his report. But the remaining 11 law lords never squeeze around the same table to hear appeals. Almost all appeals are heard by five law lords. Exceptionally, nine of them listened to argument last week in a case brought by the President of the republic of Equatorial Guinea against defendants who he alleges conspired in England and elsewhere to overthrow the Government and seize power by means of a coup which, in the event, failed. And nine judges are this week hearing a case brought against the Prime Minister by two mothers whose sons were servicemen killed on duty in Iraq and who contend that there should be an inquiry into whether the invasion was in breach of international law.

An excellent review of the EU's year is now available:

Publication of the General Report on the European Union's Activities in 2007

The Commission has presented the General Report on the activities of the European Union in 2007 to the European Parliament. Highlights of the past year were the signing of the Treaty of Lisbon, the enlargement of the Union to 27 members, the adoption of common objectives to tackle climate change and the response to the challenges of globalisation.

Marking the publication of the 2007 General Report, President Barroso said: "2007 was a year of policy delivery for European citizens – a year of a Europe of results. A new policy era was established with unanimous support by member states for the Commission's ambitious proposals to tackle climate change and energy security. Historians will no doubt also remember 2007 as the year of the treaties and will trace the long road that has led us over 50 years from the Rome treaties to the Lisbon treaty. We welcomed the citizens of Bulgaria and Romania into the European Union. The Community institutions designated 2007 as the European Year of Equal Opportunities for All" to highlight one of the fundamental values which the European Union is trying to make a tangible reality for its citizens. This perspective gives a special significance to the summary of the activities of the European Union contained in this latest General Report, which covers the many and varied initiatives and achievements of the first year of the Europe of 27."

The General Report covers the work of all the EU institutions and bodies and seeks to provide an overview of the notable events and key trends of EU life in 2007.

A high point of 2007 was undoubtedly the signing of the new Treaty of Lisbon on 13 December, which came at the right time to celebrate the 50^th anniversary of the Treaties of Rome. In honour of the 50^th anniversary the Presidents of the European Parliament, the Council and the Commission also signed the Berlin Declaration, expressing the European Union's commitment to a body of shared values. 2007 was also the year of enlargement: the enlargement of the European Union to 27 Member States with the accession of Romania and Bulgaria, the enlargement of the euro area to include Slovenia and the enlargement of the Schengen area to include a further nine new members.

The European Union also clearly expressed its determination to play a leading role in combating climate change, by adopting, in January, common, binding targets aimed at reducing greenhouse gas emissions by 20%, with the specific aim of limiting global warming to 2 degrees Celsius.

Globalisation also remained the focus of particular attention from the European Union, with the European Council adopting a declaration on globalisation which analyses the challenges and proposes ways of turning globalisation into an opportunity for Europe's citizens. In this spirit the EU continued its efforts to implement the Lisbon strategy. In line with its plan to deliver a Europe of results for its citizens, the Commission proposed a reform of the internal market coupled with a debate on a new social vision for 21^st-century Europe.

The new General Report, which runs to approximately 250 pages, follows the concise style used in recent editions. The developments in the different fields of activity are set out according to the four strategic objectives adopted by the Commission at the beginning of its term of office: prosperity, solidarity, security, and Europe's role as a world partner. Three other chapters are devoted to the life of the institutions and other bodies, the budget and financial activities and the general policy framework. The chapter on the general policy framework emphasises the progress made in 2007 in such fundamental areas as better regulation, reducing the administrative burden and the launch of the new Impact Assessment Board.

The General Report is published in 22 official languages and can be consulted via the internet on the EU's Europa website: http://europa.eu/generalreport/en/welcome.htm. It is available from the sales offices for European Community publications.

So, what does the EU plan for 2009?  The Commission released it's priorities, following is the press release with a link to the document:

Commission presents policy priorities for 2009

The Commission has today presented its Annual Policy Strategy setting out its political priorities for 2009. It outlines the Commission's policy objectives in five priority areas: growth and jobs, climate change and sustainable Europe, making a reality of the common immigration policy, putting the citizen first, and Europe as a world partner. The Commission will seek to gain approval for its legislative initiatives and also look forward by stimulating debate on the internal market, social agenda and budget reviews.

Commission President, José Manuel Barroso said, "The European Commission will continue to put its emphasis on delivering concrete results for European citizens. While we hope to have a new institutional architecture in place with the entry into force of the Treaty of Lisbon, our focus will remain on the policy initiatives presented over recent years. Economic reform, more jobs, tackling climate change and energy insecurity, migration and more security for our citizens are at the centre of our priorities for 2009. This Commission can be proud of the achievements it has already achieved; I want to make sure that we continue to be just as productive".

During 2009, the Commission will maintain its focus on delivering results for the benefit of citizens and businesses. Growth and jobs remain a major policy priority for the Union, backed up by further efforts to tackle climate change and to meet the energy needs of the Union. The Commission will follow up on the Single Market review and on the revised Social Agenda. The Commission will also look forward, laying the foundations for the years ahead. On of the main highlights will be the work on the budget review, based on the consultation now underway, which will pave the way for the preparation of the next financial perspectives.

The development of a common immigration policy will be a fundamental priority in order to meet the challenges and harness the opportunities provided by migration in an era of globalisation. Initiatives will be put forward to simplify the life of citizens and ensure their security. Negotiations with candidate countries will be pursued on the basis of the renewed consensus on enlargement. Work to develop closer political and economic ties with partners around the world will continue to intensify, and new partnerships with African countries will be implemented in the context of the Africa/EU strategy. The Commission will also continue to deliver on its better regulation agenda, to focus on the proper enforcement of EU legislation and to ensure the sound management of financial programmes.

2009 will be an important year for the European Union, marked by the possible entry into force of the Treaty of Lisbon, a new European Parliament and a new European Commission.

In addition to the Commission's policy priorities to be taken forward in 2009, the Annual Policy Strategy proposes an allocation of human and financial resources to reinforce the Commission's ability to deliver in priority areas. The Annual Policy Strategy also identifies the main communication priorities for 2009. The Commission will give specific focus in 2009 to the new possibilities and benefits offered by the Treaty of Lisbon to the citizens of the Union (subject to its entry into force), the review of the EU budget, growth and jobs presented in the perspective of citizens' concerns, and energy and climate change.

On the basis of this Annual Policy Strategy, the Commission will initiate an exchange of views with the European Parliament and Council on where the policy priorities should lie in 2009, and how this should be reflected in the Commission's legislative and work programme to be adopted in October and in the budget for 2009.

More information and the Annual Policy Strategy 2009 can be found at:

http://ec.europa.eu/atwork/synthesis/index_en.htm

This year, when President George W. Bush submits his budget requests to Congress, the White House only plans to post it on the Internet. Therefore, lawmakers will need to dig into their own pockets if they want an official print copy. In the past, the administration gave away about 3,000 free copies of its budget proposal to lawmakers, federal agencies and members of the media. Now, official copies are $213 each - or approximately ten cents per page for the nearly 2,200-pages budget. This switching to an e-budget, saves nearly 20 tons of paper, about 480 trees.