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United States: Supreme Court Dismisses Claims Against Border Patrol Agent for Constitutional Violations in Cross-border Shooting Death

(Mar. 31, 2020) On February 25, 2020, the U.S. Supreme Court announced a 5–4 opinion holding that a U.S. Border Patrol agent was not liable for claims of Fourth and Fifth Amendment violations stemming from a cross-border shooting death of a 15-year-old Mexican national. (Hernández v. Mesa, No. 17-1678 (Feb. 25, 2020).) Case History In […]

Israel: Supreme Court Removes Knesset Speaker and Orders Knesset to Schedule Election of a Permanent Speaker

(Mar. 27, 2020) In an unprecedented decision on March 25, 2020, at 8:00 p.m. Israel time, the Supreme Court, by an extended panel of five justices, revoked the powers of the outgoing speaker of the Knesset (Israel’s parliament) and ordered the Knesset to convene the Knesset plenum to elect a permanent speaker. The unanimous decision […]

United States: Supreme Court Clarifies Standard for Determining Child’s Country of Habitual Residence, Affirms Return of Child to Italy

(Mar. 5, 2020) The U.S. Supreme Court recently endorsed a “totality of the circumstances” test for determining a child’s habitual residence under the Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention). The Court also held that a trial court’s determination of habitual residence is entitled to deferential appellate review and should […]

Mexico: President López Obrador Endorses Proposed Judicial Branch Reform

(Feb. 27, 2020) On February 12, 2020, the president of Mexico, Andrés Manuel López Obrador, endorsed a draft bill to reform the judiciary. The bill had been drafted by Arturo Zaldívar, chief justice of the Mexican Supreme Court, but the president will submit the bill to the Mexican Congress because the chief justice is not […]

International: International Finance Corporation Faces Renewed Lawsuits Regarding Financing for Coal-fired Power Plant in India

(Feb. 27, 2020) Following last year’s landmark win in their case before the U.S. Supreme Court, the plaintiffs in Jam v. International Finance Corporation (IFC) are still searching for remedy—and legal clarity—in their lawsuit regarding environmental damages caused by the construction and functioning of the Tata Mundra Plant in India. The search for remedy has […]

Italy: Reform of Statute of Limitations in Criminal Cases (“Bonafede Reform”) Takes Effect

(Feb. 21, 2020) On January 1 2020, article 1 of Law No. 3 of January 9, 2019 (Legge 9 gennaio 2019, n. 3) (Law No. 3)—named the “Bonafede reform” after Italian Minister of Justice Alfonso Bonafede—entered into force. The provision amends article 159, paragraph 2 of the Criminal Code to introduce a controversial suspension of […]

Mexico: Supreme Court Upholds Constitutional Right of People with Intellectual Disabilities to Marry

(Feb. 18, 2020) On January 30, 2020, the Supreme Court of Mexico declared unconstitutional the provisions in the Civil Code of the State of Guanajuato that expressly prohibit persons with intellectual disabilities from marrying. The National Human Rights Commission filed an action before the Court at the end of 2018 arguing that article 503, section […]

Sweden: Supreme Court Recognizes Sami Indigenous Group’s Exclusive Right to Confer Hunting and Fishing Rights in Sami Area

(Feb. 14, 2020) On January 23, 2020, the Swedish Supreme Court held that the Sami group “Girjas Sameby” (literally “Girjas Sami Village”) had an exclusive right to fishing and hunting in Girjas reindeer-herding areas on the basis of urminnes hävd (their presence there from time immemorial). Not only can the Sami village confer hunting and […]

Philippines: Supreme Court Rules on Same-Sex Marriage

(Jan. 24, 2020) On January 6, 2020, the Philippines’ Supreme Court announced it had dismissed a motion to reconsider its September 2019 ruling denying a petition to approve same-sex marriage in the country, effectively concluding this case “with finality.” The petition had essentially requested that the Court declare unconstitutional on equality grounds certain provisions of […]

Israel: Supreme Court Holds Eligibility of Knesset Member Facing Serious Offenses Indictment to Form Government Is Justiciable but Not Before Election

(Jan. 6, 2020) On January 2, 2020, the Supreme Court of Israel, sitting as a High Court of Justice, unanimously rejected a petition that the Court declare it illegal for a member of the Knesset (Israel’s parliament) facing indictment for offenses of moral turpitude to form a government, or alternatively, order the attorney general to […]