"The impossible is often the untried."
J. Goodwin
Read Migalhas LatinoAmérica in Spanish every Tuesday and Thursday. Visit the website at www.migalhas.com/latinoamerica
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Appeals Court sides with Facebook in fight over postings
Criminal defendants' right to information that will aid in their defense doesn't extend before trial to social networking posts that are protected under federal law, a California appeals court ruled Tuesday. The decision by a division of the First District Court of Appeal in San Francisco rejected two murder defendants' efforts to get access to records from the Twitter, Facebook and Instagram accounts of the victim and a prosecution witness. One of the defendants, Lee Sullivan, argued that the social-media postings would show the witness who implicated him in the 2013 drive-by shooting in San Francisco, Renesha Lee, was motivated by jealousy, and the victim, Jaquan Rice Jr., was a violent criminal who threatened people, according to court records. Prosecutors have said Mr. Rice's shooting was gang-related. The social-media companies rejected subpoenas by the defendants, arguing that federal privacy law prevents them from disclosing the material the defendants were seeking. A trial court sided with the murder defendants, but the appeals court overruled that decision. It said both the California and US Supreme Courts have limited defendants' right to material that will aid in their defense before trial.
Challenges to S.E.C.'s judges may be coming to a head
There is nothing quite like the chaos of bumper cars at an amusement park as the drivers slam into one another. That is a bit like what is going on with the challenges to the procedures used by the Securities and Exchange Commission for administrative hearings before internal judges. The federal appeals courts may be on a collision course that could require the Supreme Court to sort everything out. The stakes are significant for the S.E.C. and a number of other federal agencies that rely on more than 1,700 administrative judges to decide cases. If the appointments of those judges or the procedures they employ violate the Constitution, it could throw into doubt numerous decisions stretching back decades.
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Uber expands in China
Controversial app-based taxi service Uber plans to expand into 100 Chinese cities over the next 12 months. Uber chief executive Travis Kalanick announced the move at an event in Beijing held by one of Uber's Chinese investors, Baidu. The service is already available in around 20 cities in the country. The expansion puts it head-to-head with local rival Didi Kuadi which recently raised $3bn in funding. China's internet-linked transport market is rapidly becoming the world's biggest and is proving lucrative for Uber.
Flowers hands back most of $3.2 billion China investment unspent
On the eve of the credit crunch, J. Christopher Flowers received $3.2 billion from China's newly formed sovereign wealth fund to invest in distressed financial companies. Seven years later, his firm disclosed that the bulk of the money never got invested. J.C. Flowers & Co., a New York-based private equity firm that specializes in financial institutions, in a June filing adjusted its gross assets under management to $8.5 billion from $11.1 billion. The $2.6 billion decrease primarily reflects the firm's view that it won't be using the remaining commitment it received from China Investment Corp. in 2008, according to a person familiar with the matter who requested anonymity because the fund is private. The inability to deploy such a large chunk of investor capital is unusual because private equity firms typically only raise money if they're confident they can invest it. CIC gave J.C. Flowers only 18 months to make investments, said the person familiar with the situation, far less than the three to five years that private equity funds typically have. The short window may have hampered J.C. Flowers because the government was initially reluctant to allow firms to buy distressed banks during the financial crisis.
China court apologizes for wrongful convictions
The People's High Court for the eastern Chinese province of Anhui on Monday publicly apologized to 19 people for their wrongful convictions. The court's apology appeared in a local paper, stating that the court wished to restore the reputation of the individuals who were wrongfully imprisoned for illegal fundraising or fraud in 2012. The court overturned the convictions and original indictments. Previous convictions have been overturned, but the court's apology was unprecedented.
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Asilo
Los gobiernos de Venezuela y Chile se sumaron hoy a la iniciativa de acoger a miles refugiados sirios que huyen de la guerra en su país, en medio de la crisis migratoria que afecta a Europa. En América Latina, hasta el momento solo Brasil, Colombia e Uruguay tenían en marcha un programa de asilo para esos inmigrantes. (Presione aquí)
México vs Australia
Productores de azúcar de México se oponen a que Australia aumente su presencia en el mercado azucarero de Estados Unidos a través del acuerdo comercial para la Cuenca del Pacífico, pues dañaría nuevamente el acceso del edulcorante mexicano a ese país. (Presione aquí)
Inversiones
Hero MotoCorp, uno de los mayores fabricantes de motocicletas del mundo, inauguró este marte una planta ensambladora en Colombia en la que invirtió US$ 70 mlls., como parte de un plan de expansión internacional que apunta a conquistar el mercado de América Latina. La ensambladora, la primera de Hero MotoCorp fuera de India, está ubicada en Villa Rica, un pueblo del departamento del Cauca, en el suroeste de Colombia, una de las regiones más golpeadas por el conflicto interno de medio siglo que ha dejado 220,000 muertos y millones de desplazados.
EU to unveil migrant crisis plans
European Commission President Jean-Claude Juncker is due to announce plans to tackle Europe's worst migrant crisis since World War Two. Under the proposals, 120,000 asylum seekers will be distributed among EU member countries, with binding quotas. The numbers distributed to each country would depend on GDP, population, unemployment rate and asylum applications already processed. Countries refusing to take in migrants could face financial penalties. Also planned are measures to help the economies of countries in the Middle East and Africa, and deter people-smugglers. The migrant crisis and how to resolve it has exposed divisions within the EU. This comes after thousands of mainly Syrian migrants began trekking northwards through Europe this weekend.
Mass deportation may sound unlikely, but it's happened before
During the Great Depression, up to 2 million Mexicans and Mexican-Americans were expelled from the US Research suggests that more than half were US-born citizens.
Pope Francis makes it easier for Catholics to remarry
Pope Francis has unveiled reforms intended to make it easier for Roman Catholics to get annulments and remarry within the Church. Catholicism does not recognize divorce and teaches marriage is a lifelong commitment. In order to separate, Catholics must have their marriage annulled by showing it was flawed from the outset. The radical reforms allow access to procedures free of charge and fast-track decisions. Until now the procedures have been seen as arcane, expensive and bureaucratic. Catholics seeking an annulment previously needed approval from two Church tribunals. The reforms will reduce this to one and remove the requirement of automatic appeal. An appeal will still be possible if one of the parties requests it. The new fast-track procedure will allow bishops to grant annulments directly if both spouses request it.
Guatemala ex-president Otto Perez indicted for corruption
A Guatemalan judge has ordered the former president, Otto Perez Molina, to stand trial on corruption charges. Prosecutors accuse Perez of masterminding a scheme where businesses bribed officials to clear their imports through customs at a low tax rate. The scandal led to months of street protests across the country. The judge said there was sufficient evidence for Perez Molina to face charges of customs fraud, racketeering and bribery. A UN commission helped gather criminal evidence for the case which they say is based on around 89,000 wire-tapped phone calls.
Obama orders federal contractors to provide paid sick leave
"This will give about 300,000 working Americans access to paid sick leave for the first time," Obama said after signing an executive order.
Report says missing mexican students may have disrupted drug shipment
Following the release of the report, parents of the missing students have demanded a meeting with President Enrique Peña Nieto, who has been criticized for his handling of the investigation.
Harvard law professor crowdfunds $1 million, launches presidential bid
Lawrence Lessig is running on a singular platform. If elected, he vows to expand voting access, ban gerrymandering and institute campaign finance reform — then resign.
Thailand's draft constitution rejected by Council
The National Reform Council, handpicked by the military junta, spent nine months working on the new charter only to vote it down in what some see as a move to further delay elections.
Bangladesh high courts lifts ban on garment factory documentary
The Supreme Court of Bangladesh on Sunday lifted a ban on the release of a documentary film that depicted the rescue of a woman 17-days after the 2013 garment factory disaster. The movie producer appealed the ban to a four-judge panel led by judge Surendra Kumar Sinha. The film's director, Nazrul Islam Khan argued that the story is one of heroism, not of tragedy. The film was banned after a petition was circulated that the film portrayed horrors and negativity that could permanently affect garment workers in the country.
Yahoo rethinking Alibaba spinoff after getting no I.R.S. guidance
The Internal Revenue Service refused to rule in advance on whether a proposed spinoff would incur a huge tax bill.
Dewey & LeBoeuf chairman's lawyer cites 'fantasy fraud'
The lawyer for Steven H. Davis argued that prosecutors had failed to prove the former chairman of Dewey & LeBoeuf was aware of any wrongdoing before the law firm's collapse in 2012.
Australia to strike ISIL in Syria and take refugees
Al Jazeera, Doha, Qatar
Migrant, refugee or infiltrator? How our language affects legislation
Haaretz, Liberal daily, Tel Aviv, Israel
BA plane catches fire in Las Vegas
BBC News, Centrist newscaster, London, England
14 injured when plane catches fire
CNN International, London, England
Sienna Miller shows off her new red hair with sister Savannah at Debenhams launch party†
Daily Mail, Conservative daily, London, England
Grand Designs features vast project with a lounge big enough for four fire engines
Daily Mail, Conservative daily, London, England
Two passengers are injured after a fire on a British Airways plane in Las Vegas
EuroNews, International news, Ecully Cedex, France
Queen Elizabeth II becomes Britain's longest-reigning monarch
France 24, Issy-les-Moulineaux, France
Countdown to the future begins at Sak?p Sabanc? Museum
Hurriyet Daily News, (Liberal, English-language), Istanbul, Turkey
Jon Stewart made a surprise appearance during Stephen Colbert's 'Late Show' debut
Independent The, London, England
British Airways plane on fire at Las Vegas: latest
Telegraph The, Conservative daily, London, England
Sam Smith aims for first ever James Bond number one
Telegraph The, Celebrity news, London, England
Electricity prices to drop 2.33 percent in October
China Post, English-language daily, Taipei, Taiwan
Abe Must Take Cue from Japan's Highest Court Ruling
Chosun Ilbo, Conservative daily, Seoul, South Korea
British Airways plane catches fire in Las Vegas, two injured
Hindustan Times, New Delhi, India
Abe remains LDP president after Noda fails to build enough support to run
Japan Times, Independent centrist, Tokyo, Japan
Japan's Nikkei 225 index surges 7.7 percent amid broad gains for Asian stock markets
New Zealand Herald, Conservative daily, Auckland, New Zealand
Ukraine President cancels trip over protests in eastern Ukraine
Straits Times, Pro-government, Singapore
Beat the post holiday blues
Sydney Morning Herald, Centrist daily, Sydney, Australia
Kazakhstan says may cut 2016 oil output if prices fall to $30/barrel
The Economic Times, Business, Mumbai, India
Hillary Clinton 'sorry' about private email account, says it was a 'mistake'
Canadian Broadcasting Centre, Toronto, Ontario
Turkey sends forces into northern Iraq to battle Kurdish rebels
Globe and Mail The, Centrist daily, Toronto, Canada
Liberty Reserve Brought Down By 'Joe Bogus': How The Feds Arrested Arthur Budovsky
International Business Times, Business news organization, New York, U.S
Japanese stocks soar as Asia rides global rally
Reuters, Business News, New York, U.S
Mahathir returns to Malaysia ready for probe over anti-Najib comments
Reuters, World News, New York, U.S
Ontario's tuition fees highest in the country, says new report
Toronto Star, Toronto, Ontario
Kenyans caught with suspected mall bomb
BBC News, Centrist newscaster, London, England
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