After several recent attacks claiming the lives of civilians in Iraq, Amnesty International Friday called for an "urgent inquiry" into the incidents. Specifically, recent press reports say that at least 44 civilians were killed Friday during an attack by US forces on other targets near Fallujah, and 13 civilians were killed last week when US troops fired into a Baghdad crowd from a helicopter; a US army spokesperson stated that the latter was in response to enemy fire.

Amnesty is concerned about the possible violation of international law on the protection of civilians and is seeking clarification of the legal responsibilities of the multinational troops stationed in Iraq. Read the Amnesty press release here.

Five years after the lawsuit began, the government's case against the nation's cigarette makers is set to begin next Tuesday in the US District Court for the District of Columbia. Read the amended complaint [PDF]. The government is pursuing the case under the 1970 Racketeer Influenced Corrupt Organizations Act (RICO), alleging that the cigarette industry targeted children in their advertising and deceived the public about the dangers and health hazards of cigarettes as well as the addictive nature of nicotine. The government is seeking $280 billion; in May, US District Judge Gladys Kessler ruled that the government can pursue the money the companies earned as a remedy for wrongdoing.

The industry denies the allegations and claims that there have been many marketing changes over the past six years as a result of large-scale tobacco settlement agreements and litigation across the country, therefore future RICO violations are unlikely. The defendants are Philip Morris USA Inc. and its parent, Altria Group Inc.; R.J. Reynolds Tobacco Co.; Brown & Williamson Tobacco Co.; British American Tobacco Ltd.; Lorillard Tobacco Co.; Liggett Group Inc.; Counsel for Tobacco Research-U.S.A.; and the Tobacco Institute. The trial is likely to last for at least six months. See the case history, including legal documents, here from the Justice Department. AP has more.

UPDATE: The original 1999 DOJ press release on the lawsuit is here, together with the complaint [PDF].

As noted in an earlier bulletin in JURIST's Paper Chase, the Florida Supreme Court ruled 6-1 late Friday that Ralph Nader can appear as the Reform Party candidate on the Florida ballot in the November Presidential election, ending two weeks of uncertainty and conflicting court decisions. An attorney for the Democrats stated that they would most likely not appeal the decision. The primary issue in the case was whether the Reform Party, formed in 1995, was a bona fide national party. The majority opinion grappled with whether to strictly or broadly interpret the terms "national party" and "national convention" in the state law. "In the absence of more specific statutory criteria or guidance from the Legislature, we are unable to conclude that a statutory violation occurred," the court wrote. See the full opinion here [PDF]. The Florida Supreme Court maintains an on-line file of all the briefs and documents in this case [PDFs]. JURIST's Paper Chase has background on the story from today and earlier in the week. AP has more.

UPDATE: A Denver, Colorado judge ruled on Friday that Nader can be on the ballot in that state after the Colorado Democratic Party sought to remove his name for not complying with state laws. Reuters has more.

AP is reporting that the Florida Supreme Court has ruled 6-1 that independent Presidential candidate Ralph Nader can stay on the Florida ballot.

The ruling is online here.

In Friday's corporations and securities law news, Japan's Financial Services Agency has ordered Citigroup Inc. to close its Japanese private banking offices after discovering a failure to prevent suspected money laundering, lax screening of customer information and improper trading practices. The sanctions will effectively shut the company out of the private banking business in the world's No. 2 economy. Read the Financial Services Agency order here. Read the Citigroup press release relating to the order here. Read about the Citigroup violations here. Reuters has more.

In other news...

• The SEC announced it has reached a settlement with Eric I. Tsao, a former executive at MedImmune, Inc. over insider trading charges from which Tsao realized profits of nearly $150,000. Read the SEC press release here. AP has more.
  
  
• Eleven individuals have been charged with conspiring to distribute counterfeit computer software and documentation after an FBI investigation resulted in one of the largest seizures of fake software ever. A bulk of the illegal seizure were Microsoft products with a street value of $80 million. Read the press release of the United States Attorney in the Central District of California here. PCWorld.com has more.
  
  
• As previously reported on JURIST's Paper Chase, a San Francisco judge has ordered Microsoft to pay $112.5 million in legal fees stemming from a $1 billion anti-trust settlement in a class-action suit involving California residents. CNET News has background on the settlement, which was reached in July 2003. AP has more.
  
  
• Qualcomm Inc., a maker of chips used in mobile phones, announced it may change the way it recognizes royalties from licensees if reliable estimates cannot be made. Reuters has more.

The Florida Supreme Court is expected to rule late Friday on whether Ralph Nader will appear on the November ballot for the Reform Party. During oral arguments earlier this morning, attorneys for the state Democratic party argued that the Reform Party was not a legitimate party under Florida law and should therefore not appear on the ballot, while Reform Party lawyers argued that the party remained legitimate. Watch recorded video of the oral arguments. The court is expected to issue a decision quickly to to meet a state law requirement that absentee ballots be mailed by Saturday.

Republican Sen. John McCain, who also serves as chairman of the unaffiliated Reform Institute for third-party candidates, has said that Nader should be allowed on the ballot. The institute issued a statement Thursday night in which McCain said keeping Nader off the ballot would discourage election participation by those planning to vote for Nader. Read the Institute's press release. Filings in the case are available here. JURIST's Paper Chase has background on the case. Ralph Nader's campaign website has more on his pursuit of ballot access across the country. AP has more.

Muslim cleric Abu Hamza al-Masri (BBC profile), arrested in May on a US warrant, could face charges under the Terrorism Act in Britain, which would delay extradition proceedings sought by the US, a government lawyer said Friday. Police in London completed an investigation of Abu Hamza, and the Crown Prosecution Service will decide whether to charge him, with a decision expected before an Oct. 19 extradition hearing.

The US has charged Abu Hamza with 11 terrorism-related counts, including funding and attempting to establish terrorist training camps. AP has more.

Previously on JURIST's Paper Chase...

• Abu Hamza arrested in UK under Terrorism Act
• Terror suspect arrested in London; US seeks extradition

Former Russian President Boris Yeltsin and former Soviet leader Mikhail Gorbachev Friday criticized governmental changes proposed by Russian President Vladimir Putin (BBC profile) that would remove certain voting rights and further centralize power in response to a recent spate of terrorist attacks. Following the bombing of two planes and a hostage siege at a school, Putin announced earlier this week that regional governors would no longer be elected directly by people, but instead would be nominated by the president. Other changes would make it more difficult for independent deputies to be elected to the Russian legislature, the Duma. Analysts say the reforms are constitutionally questionable, and they have already been criticized by a number of European and US leaders.

In statements published Friday on MosNews.com, the website of the Moscow News, Gorbachov and Yeltsin said the changes threatened Russia's democracy and expressed wariness at the Kremlin's authoritarian drift. Asked Gorbachov:

How can you stamp out corruption without a normal parliament or free press? Without control on the part of society? But there is no movement in this direction. The reverse is happening. Under the motto of war on terror, there are suggestions of sharply limiting democratic freedoms; citizens are stripped of the opportunity to directly express their attitude toward the government by giving up elections in single-seat constituencies. This comes now, when we already have mostly government-sponsored pet parties. I know what I’m talking about: when we created the social democratic party, we felt the bureaucracy binding us hand and foot. Such a system definitely won’t aid in fighting terrorism, whereas it might facilitate the introduction of solutions painful for voters, such as canceling privileges.

I firmly believe that the measures that the country’s leadership will undertake after Beslan will remain within the framework of democratic freedoms that have become Russia’s most valuable achievement over the past decade. We will not give up on the letter of the law, and most importantly, the spirit of the Constitution our country voted for at the public referendum in 1993. If only because the stifling of freedom and the curtailing of democratic rights is a victory for the terrorists. Only a democratic country can successfully resist terrorism and count on standing shoulder to shoulder with all of the world’s civilized countries.

A Canadian teenager being held at Guantanamo Bay has admitted to being trained by al-Qaida and killing an American soldier in Afghanistan, the US military disclosed. The US case against Omar Khadr, 17, includes charges that he trained with al-Qaida, conducted surveillance of US forces and planted land mines.

The military review panel hearing Khadr's case held unanimously that he was an enemy combatant and should remain in detention. The case information was released after a DC judge ordered the Department of Justice to justify Khadr's detention. The Department of Defense has more on the status review panels. CBC News has more on Khadr's family. Canada's National Post has more.

• Russian President Vladimir Putin has restated his intent to launch pre-emptive strikes against terrorist cells around the world. Putin, speaking at the International Conference of Mayors in Moscow, stated that complacency in response to terrorism was equivalent to complicity. Putin again vowed that any action taken by the Russian Federation (official page in Russian) would be in compliance with international law. The full text of Putin's speech, translated into English, is now online from the Kremlin. Mosnews.com has more.
  
  
• The United Arab Emirates recently passed the Law of the Dubai International Financial Centre (DIFC) which allowed for the DIFC to open today. The DIFC will serve as an international tax-free center for investment opportunities of foreign corporations. The UAE hopes to see the diversification of the Dubai economy lead to a financial center that will rival models in the Americas, Europe, and Asia. Morningstar.com has more.
  
  
• UN Secretary-General Kofi Annan announced yesterday that he will be sending UN High Commissioner for Human Rights Louise Arbour and Special Advisor on the Prevention of Genocide Juan Mendez to the Darfur region of the Sudan (see JURIST background info here). The two UN officials are tasked with determining how the civilian population of the region may be protected from the attacks of local militias. The Security Council is currently considering the crisis and has been seized on the matter under Article 8 of the Convention on the Prevention and Punishment of the Crime of Genocide. Read the transcript Annan's press conference here. Read the UN Press Release here.
  
  
• The first case for HIV/AIDS discrimination in Kenya has been approved by Kenyan High Court judge Lady Justice Murugi Mugo. The plaintiff, a woman known as JAO, has filed suit for compensation from her catering firm for unlawful dismissal and for compensation from the hospital and doctor that allegedly revealed her HIV positive status without her consent. The Kenyan Daily Nation has more.
  
  
• Indonesian police have made the first arrests in the September 9th Jakarta bombings. Police chief Da'i Bachtiar stated that they had taken a man believed to have carried the explosives used in the blast into custody. Police are also holding up to eight other individuals for questioning about the blast. BBC has more.

A new report by the US weapons inspector in Iraq concludes that the pre-war government did not possess any actual WMDs, but Saddam Hussein maintained plans to restore weapons programs when UN sanctions ended, the New York Times reported Friday. The 1,500-page report by Charles Duelfer was being circulated among US officials and will likely be released publicly in the next several weeks.

Overall, the report confirmed with more detail conclusions made by the previous US inspector, David Kay, who stepped down in January. View the text of Kay's testimony before Congress from October 2003, as well as Duelfer's Congressional testimony in March 2004. The report comes in the wake of comments by UN Secretary General Kofi Annan that the US-led invasion of Iraq, which was largely justified by claims that Iraq possessed WMDs, was illegal (see this Paper Chase report). The New York Times has more.

Afghan authorities Friday were holding three suspected Taliban members allegedly involved in an assassination attempt on President Hamid Karzai. The attack took place Thursday when a rocket was fired at Karzai's helicopter during a campaign trip for the upcoming election, but no one was injured.

The three suspects, all between 20 and 23 years old, were caught after fleeing by motorcycle. Authorities believed the men were members of the Taliban, which has vowed to disrupt the Oct. 9 presidential election. The Guardian has more on the elections. Reuters has more on the arrests.

Friday's New York Times reports on the signing of the first-ever union contract that includes "guest" or migrant workers by the North Carolina Growers Association, which represents 1,000 farmers, and now covers 8,500 Mexican workers, the idictment of two men for allegedly raising money to support terrorists and recruiting would-be terrorists to fight in Afghanistan, Chechnya, Kosovo and Somalia by a Miami federal grand jury, a federal district judge in Washington ordering a reporter for the New York Times to testify regarding the disclosure of the identity of a covert CIA officer, and the city of San Diego facing possible bankruptcy because of a shortfall in its pension fund.

The Washington Post features stories about the Army dropping all charges against a colonel at Guantanamo Bay accused of trying to take classified documents from the base, stricter passenger screenings to come at airports following the bombing of planes by Chechen women who slipped through Russian security, how plea deals with lower-ranking officials have made stronger cases against Enron executives, and DC-area hotel workers who are preparing to strike.

USA Today notes that no indictments were delivered to the Columbine-area sheriff's office, which may have been aware of earlier threats by the teens who later opened fire on the high school, and thst a woman went on trial for allegedly pretending to be pregnant with a baby and scamming three couples who wanted to adopt the child and who paid her thousands of dollars.

A San Francisco judge has ordered Microsoft to pay $112.5 million in legal fees stemming from a $1 billion anti-trust settlement in a class-action suit involving California residents. The judge awarded late Thursday about half the amount of fees requested by the firm, Townsend and Townsend and Crew, which billed for 209,000 hours on the case.

Microsoft argued that the amount requested by firm would have resulted in a billing rate of $3,000 per hour for the lead attorney in the case, and more than $2,000 per hour for other attorneys. The San Francisco Superior Court has more on the case. CNET News has background on the settlement, which was reached in July 2003. The Washington Post has more.

Members of India's Union Cabinet agreed Friday to a withdrawal of a controversial anti-terror law that some have alleged has been misused against Muslims in the country. The Prevention of Terrorism Act (POTA) was passed following a deadly 2001 attack on the Indian parliament. According to Indian Home Minister Shivraj Patil, the act was faulty due to harsh bail provisions and a higher burden of proof on the accused party rather than on prosecutors.

The government planned to amend the much-older Unlawful Activities Prevention Act to cover terrorism. POTA will be phased out over the next year, with pending cases under the law being reviewed. The Press Trust of India has local coverage. A report by Amnesty International earlier this year heavily criticized POTA. BBC News has more.

Negotiators at a meeting of the International Atomic Energy Agency agreed Friday to a draft resolution on Iran's nuclear activities that would block the country from using weapons technology. The text of the resolution, leaked to the press, demands that Iran freeze uranium enrichment activities at least until a November deadline, a requirement Iran claimed it had already begun to meet. The resolution also recognizes Iran's right to peaceful use of nuclear technology, which some feared would allow the country to continue certain enrichment-related programs. The US pushed for an earlier deadline for compliance and no acknowledgement of a right to peaceful nuclear programs, but European countries, Russia and China opposed the harsher language. The issue will be reviewed at a November meeting of the IAEA Board of Governors. The IAEA has more on nuclear issues in Iran. AP has more.

UPDATE: IAEA chief Mohamed ElBaradei said Friday that the agency has found no evidence of nuclear-related activities at a Iranian site claimed by US officials to be linked to a weapons program.

Previously on JURIST's Paper Chase...

• US says photos show Iran's nuclear bomb plans
• No proof of nuclear weapons in Iran, IAEA head says
• UN nuclear agency considering Iran resolution
• Iran likely to suspend certain nuclear activities prior to UN meeting

Here's a run-down of law-related events, expected developments and live webcasts on JURIST's docket for Friday, September 17th.

The Florida Supreme Court will hear oral arguments on whether the Ralph Nader ticket should appear on the Florida ballot in November. Read filings in the case and watch a live webcast of the oral arguments, scheduled to begin at 8 AM ET.

The US House and Senate are not considering any legislation today and there are no committee meetings scheduled.

The Cato Institute Center for Constitutional Studies is hosting a symposium on The Supreme Court: Past and Prologue ~ A Look at the October 2003 and October 2004 Terms. Beginning at 11 AM ET, watch a live webcast of the symposium or listen to audio of the event.

The UN Security Council will meet at 10 AM ET to discuss the situation in Liberia, the situation in Sierra Leone, the situation in Afghanistan, and the situation in the Middle East. Watch a live webcast of Friday's meeting. A vote on the revised US draft resolution on the situation in the Darfur region of Sudan, originally expected on Friday, is now not expected until Saturday.

In Friday's US law and business press, the New York Law Journal reports that the US Court of Appeals for the Federal Circuit has overturned the adverse inference rule in patent cases.... The ABA Journal offers advice to law students and lawyers about preparing for tough questions on job interviews.... The National Law Journal reports on the Sixth US Circuit Court of Appeals's rejection of OH's use of the investment tax credit.... The Legal Intelligencer reports that the Third US Circuit Court of Appeals has adopted the "sphere of control" test in premises liability cases.... FindLaw's Writ has Hastings law professor Vikram David Amar's column inquiring as to whether the US Sentencing Guidelines are legislative or judicial.

Click for the previous US law and business press review