US court hears Guantnamo case

December 17th, 2007

Several hundred spectators lined up at the US supreme court today to watch lawyers for the Bush administration and 305 detainees in custody at Guantбnamo Bay argue over the indefinite detention of foreign terrorism suspects, many of them held for nearly six years.

Lawyers for the detainees want the right to contest detention in US civilian courts. The men are held at Guantбnamo as “enemy combatants.”

About 50 court watchers camped out overnight in front so that they could be assured of seats inside for the argument.

“We’re rooting for our law professor; we hope he wins,” said Alex Fumelli, a student at Georgetown University, whose law professor, Seth Waxman, is arguing the case for the detainees.

It is the third time since 2004 that the supreme court has examined the administration’s detention policies. The justices have ruled against the administration in the two earlier cases.

Lawyers for the foreign detainees argue that the courts must step in to rein in the White House and Congress, which changed the law to keep the detainee cases out of US courts following earlier supreme court rulings. The most recent legislation, last year’s Military Commissions Act, strips federal courts of their ability to hear detainee cases.

Waxman, the top supreme court lawyer in the Clinton administration, is representing the detainees. “After six years of imprisonment without meaningful review, it is time for a court to decide the legality of” their confinement, he said.

The US solicitor general, Paul Clement, representing the administration, said foreigners captured and held outside the United States “have no constitutional rights to petition our courts for a writ of habeas corpus,” a judicial determination of the legality of detention.

The case could turn on whether the court decides that Guantбnamo is essentially US soil, which would make the case for detainee rights stronger.

A supreme court judge thought to be a pivotal vote in this case, Justice Anthony Kennedy, said as much in a concurring opinion in Rasul v Bush, the 2004 case that was the court’s first foray into the administration’s detention policies.

“Guantбnamo Bay is in every practical respect a United States territory,” Kennedy said.

The Bush administration also argues that panels of military officers that review the detainees’ status as enemy combatants are adequate, even if the supreme court decides they have the right to contest their confinement.

The justices, however, decided to review the issue in June, after having turned down the detainees’ appeal in April. They provided no explanation, but their action followed a declaration from a military officer who criticised combatant status review tribunals.

The United States has no plans to put most of those held at Guantбnamo on trial. Just three detainees face charges under the Military Commissions Act and the military has said it could prosecute as many as 80.

Danone-Wahaha Joint Venture Row Drags On

December 17th, 2007

(12-17) 01:34 PST SHANGHAI, China (AP) —

The dispute between French food and beverage maker Groupe Danone SA and its Chinese joint venture partner Wahaha has deepened, with Wahaha’s labor union saying it is suing Danone.

Danone had no immediate comment Monday after the labor union of Hangzhou Wahaha Group said it filed a lawsuit against the French company in Weifang, a city in eastern China’s Shandong province, seeking $1.4 million in damages.

That announcement followed Danone’s announcement last week that it was suspending lawsuits against Wahaha. It urged the Chinese side to take “concrete” moves toward reconciliation.

The standoff, one of the most contentious public squabbles between a foreign company and its Chinese counterpart, centers over the rights to the popular Wahaha brand name Д one of the country’s best known labels for bottled water and other soft drinks.

The French company has accused Wahaha’s founder Zong Qinghou of privately producing and selling Wahaha joint venture products on the side, saying that violates their original joint venture agreement set in 1996.

The lawsuit filed by the Wahaha labor union accuses Danone of holding shares in companies that compete against the two big companies’ 39 joint ventures. It also charges Danone with hurting Wahaha’s reputation by “distorting facts” through the media, the union’s lawyer Qian Weiqing said in a statement.

The Wahaha union includes around 7,000 employees at the 39 Wahaha-Danone joint-venture companies, and nearly 10,000 at Wahaha’s non-joint venture businesses, according to Li Su, chief executive of H&J Vanguard, a consulting firm that has issued a report on the Wahaha-Danone dispute.

Danone has protested an arbitration ruling in Hangzhou, where Wahaha is based, giving the Chinese side the right to use the Wahaha brand name outside the 39 joint ventures operated by the two companies. Danone holds a 51 percent stake in those joint ventures.

The outlook for an amicable resolution appears dim, state media reports said Monday.

A report by the China Business Post noted that the local government in Hangzhou, where Wahaha is based, has taken actions to support Zong Д one of the wealthy city’s most prominent businessmen Д and has suspended its annual inspections of the joint venture, putting its legal status in jeopardy.

City government officials in Hangzhou were not immediately available to comment on the report.

WHOA, BABY!

December 17th, 2007

July 19, 2007 — The other day, being the klutz I am, I tripped over a baby stroller while walking down Fifth Avenue. It made me think back to my own diaper-changing days, and I recalled how concerned I was about turning my home into a safe haven for my son.

All new parents know that they need to baby-proof their homes, but many dont think of doing it sooner rather than later - that is, before those precious bundles start expressing their natural curiosity.

Here are some simple safety tips to act on now. The equipment is available at baby stores, home centers or your local hardware store.

1) City dwellers must install window guards to help prevent falls from windows, terraces and balconies - its the law! Screens are not enough; they can collapse under the weight of a child. Make sure that there is no more than 4 inches between each of the window guard bars. Also remember: One window should be designated as a fire escape, so make sure nothing is obstructing it (guards should have a release button for emergencies). Window guards cost about $12 each, or your landlord is required to supply them if there are children in the home.

2) Use safety latches and locks on all kitchen and bathroom cabinets and drawers. These will prevent little ones from getting access to household cleaners, medicines, liquor and sharp objects. Latches cost about $2 to $3 each and are easy to install.

3) Inexpensive plastic outlet and plate covers help prevent electrocution. They are cheap, less than $10 for a pack of 12. You want to make sure they are difficult for children to remove and big enough to not be a choking hazard.

4) Cut all window-blind cords and use safety tassels and inner-cord stops to prevent accidental strangulation. Better yet, replace your old blinds with new ones that have safety features built in. Depending on the size and style, blinds range from $15 to $100 each.

5) Safety gates are crucial for helping prevent falls down stairs and keeping children away from dangerous areas. Typical cost of a safety gate: $13 to $40.

6) Oven-knob covers prevent curious hands from exploring the stove - potentially causing burns or filling the house with gas. They cost about $10 for a pack of five.

7) Make sharp corners safe with corner bumpers. These soft, rubber-edged covers can be placed on sharp corners on coffee tables, fireplaces and other furniture with right angles. Furniture bumpers cost about $1 each. While youre at it, pick up a few doorstops. They help prevent small fingers and hands from being pinched or crushed. Doorstops cost $2 to $5.

8) Clean up! Keep small objects, like buttons and coins, off floors and surfaces, as they present choking and swallowing hazards. Glass vases and other breakable items should be stored up high where your child cant reach them.

9) Of course, your home should already be equipped with smoke and carbon-monoxide detectors. Check the batteries regularly.

Finally, give your bundle of joy lots of love. If I can do it, so can you!

Barbara K is the author of Invest In Your Nest: The Insiders Guide to Adding Style, Comfort, and Value to Your Home (Rodale). Visit her online at barbarak.com.