The US House of Representatives voted Tuesday to break up the often-controversial Ninth US Circuit Court of Appeals with a proposal that would leave just California and Hawaii while dividing the other seven western states in the current Ninth Circuit into two new courts.

Rulings handed down by the court have frequently angered conservatives, who defend the proposal as grounded in a rapidly-increasing caseload. Despite passing in the House, the amendment, which was attached to a larger bill authorizing new federal judgeships, is expected to be halted by opposition in the Senate. Read a press release from amendment sponsor Representative Mike Sampson (R-Idaho) here. AP has more.

Following up on an earlier report today in JURIST's Paper Chase, the United States late this afternoon vetoed a draft UN Security Council resolution that would have ordered Israel to immediately end military operations in Gaza and withdraw its forces from the area. Eleven member nations of the council voted in favor of the resolution, with Britain, Germany, and Romania abstaining after their attempts to include last-minute amendments failed.

The US exercised its veto power for the 80th time in 59 years, its 29th veto regarding the conflict between Israel and Palestine. US Ambassador John Danforth said the resolution was one-sided and without credibility. Reuters has more. See the UN press release. Read Ambassador Danforth's explanation of the US veto. The UN also has recorded video of the debate and vote, and recorded video of Aambassador Danforth's statements to the press afterwards, along with comments by the UN's Palestinian observer.

In Tuesday's environmental law news, the USDA has released new security guidelines [PDF] for truck transporters of agricultural and food products. The guidelines, while voluntary, aim to increase national security and ensure public health through additional safety practices. The press release is here.

In other environmental law news...

• The Los Angeles city council has voted not to count electricity generated by the Hoover Dam in the city's plan to raise the amount of energy it receives from renewable sources. The plan calls for 20 percent of LA's energy to come from such sources by 2017. A similar CA state plan excludes from assessment any hydroelectric plant greater than 30 megawatts (MW) in size. LA receives about 491 MW from the dam. Environment California has the full story.
  
  
• The Australian government has granted the Shell oil company a seven day exemption from national clean fuel standards following a failure at the Clyde refinery outside of Sydney. The exemption hopes to avoid a fluctuation in gas prices during a week that will see both the rugby league championship and the national elections. The Australian has the full story.
  
  
• Explorer Pipeline Co. of Tulsa, Oklahoma has paid a $3 million penalty for a 2000 pipe breakage that resulted in 500,000 gallons of gasoline flowing into a Dallas, Texas backup water reservoir. The company has already paid almost $40 million in cleanup and other fees to settle the suit. Dallas Morning News has the full story.

In Tuesday's corporations and securities law news, a PeopleSoft director indicates the company's board is prepared to negotiate a deal with Oracle Corp. in which the price of takeover would be above the current $7.7 billion offer. Read more about Oracle's hostile takeover bid of PeopleSoft here. AP has more.

In other news...

• US and Canadian officials announced the signing of an accord designed to bolster the process by which the countries will refer cases of anticompetitive behavior to each other's authorities. Read the Department of Justice press release announcing the move here. Read the Federal Trade Commission press release here. Read the Competition Bureau of Canada press release here. AFP has more.
  
  
• As previously reported on JURIST's Paper Chase, in the first indictments from the massive fraud scandal at dairy giant Parmalat, an Italian judge has ordered two former Grant Thornton auditors to stand trial for false accounting and market rigging. BBC has compiled a list of people targeted by prosecutors in the Parmalat scandal. AP has more.
  
  
• As previously reported on JURIST's Paper Chase, Larry Stewart, a US Secret Service ink expert on trial relating to charges that he falsely testified about his role in the Martha Stewart investigation, was found not guilty on Tuesday. Read the indictment against Stewart here [PDF]. JURIST's Paper Chase has background on the Martha Stewart case. AP has more.... As previously reported on JURIST's Paper Chase, Timothy Despain, a former assistant treasurer with Enron, was arraigned Tuesday on conspiracy charges and is expected to plead guilty to the charges. Despain is expected testify against other Enron executive in exchange for immunity from the charges. JURIST's Paper Chase has ongoing coverage of the Enron case. The Houston Business Journal has more.
  
  
• US antitrust authorities announced they would not pursue any action in the proposed merger between Canadian brewer Molson, Inc. and American Adolph Coors Co. Molson has a tentative timetable for the merger here. Reuters has more.

Prosecutors dropped their Medicaid fraud case against former Alabama Governor Don Siegelman Tuesday after US District Court Judge U.W. Clemon ruled that there was insufficient evidence to support the conspiracy charge, the only charge outstanding. As reported yesterday on JURIST's Paper Chase, Judge Clemon had delayed jury selection so he could review the evidence behind the conspiracy charge.

Siegelman, who was elected as governor in 1998, was accused of trying to rig bids on lucrative contracts to provide medical care to poor pregnant women in rural Alabama. Siegelman still faces an investigation into other issues in his administration including tax breaks given to a Waste Management, Inc. landfill and approval for HealthSouth to build a hospital in Birmingham. View Siegelman’s indictment here [PDF]. The Montgomery Advertiser has continuing coverage of the case. AP has more.

Previously on JURIST's Paper Chase:

• Jury selection delayed for trial of former AL governor
• Appeals court refuses to remove judge in former AL governor trial
• Former Ala. governor pleads not guilty to bid-rigging charges

If a case can be thought of as a jigsaw puzzle and the evidence as its pieces, what has occurred in Tuscaloosa is that the judge systematically removed the most important pieces of the puzzle until the completion of the puzzle was made impossible. As a result, those charged with assembling the now defective puzzle were ethically bound and had no other choice than to drop what was left of the charges. The losers today are the people of Alabama who have the right to have their public officials serve them honorably, to have them held accountable when they do not, or to at least have a full and fair hearing when allegations supported by substantial and credible evidence of wrongdoing are presented. These proceedings began on a dark day and they sadly conclude on an even darker day, a day without justice.

The Ninth US Circuit Court of Appeals in San Francisco has ruled that the government can present photographs taken from former Orange County Superior Court Judge Ronald Kline's computers, which in effect revives its child pornography case against the judge. The Court overruled US District Court Judge Consuelo Marshall who ruled the images were illegally seized because the hacker who obtained the photographs was working for the government and therefore a warrant was required.

The appeals court, however, ruled that since the police had no advance knowledge that the hacker was searching computers, they did not need a warrant. Kline has pleaded not guilty to the charges. Read the unpublished ruling by the Ninth Circuit here [PDF]. AP has more.

A Louisiana state judge in Baton Rouge has thrown out the state's constitutional amendment banning same-sex marriage. The amendment had been overwhelmingly approved by 78% of the voters on September 18. Judge William Morvant decided the amendment was flawed because the Louisiana state legislature gave it more than one purpose, in that it banned both same-sex marriage and civil unions.

The legislature pushed through the ban this past spring as a response to Massachusetts Supreme Court ruling allowing gay marriage. In addition to flawed drafting, amendment opponents cited New Orleans election-day problems where voting machines were delivered late in many precincts and their belief that the amendment would affect private agreements between gay partners. Read the voter-approved amendment here [PDF]. AP has more. The lawsuit challenging the ban was brought by Forum for Equality, a New Orleans-based rights group.

Larry Stewart, a US Secret Service ink expert on trial relating to charges that he falsely testified about his role in the Martha Stewart investigation, was found not guilty on Tuesday. Stewart, if he had been found guilty on the two perjury counts, could have been sent to prison for up to ten years.

Read the indictment against Larry Stewart here [PDF]. Read more about the Martha Stewart case. JURIST's Paper Chase has background on the Martha Stewart case. Reuters has more.

White House Counsel Alberto Gonzales said in a letter to the Washington Post Tuesday that the Bush administration did not support a controversial provision in the House version (HR 10) of legislation implementing recommendations of the 9/11 Commission that could authorize US deportation of foreign nationals to countries where they might be subjected to torture. Gonzales wrote:

The president did not propose and does not support this provision. He has made clear that the United States stands against and will not tolerate torture and that the United States remains committed to complying with its obligations under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Consistent with that treaty, the United States does not expel, return or extradite individuals to countries where the United States believes it is likely that they will be tortured.

A former assistant treasurer with Enron Corp. is expected to reach a plea deal Tuesday with the government on conspiracy charges. Timoth Despain was expected to plead not guilty before a US magistrate judge this morning before pleading guilty before a US district judge later in the day. Although facing up to five years in prison, Despain will be granted immunity from further charges stemming from criminal activity with Enron or Halliburton, where he worked after leaving Enron.

Despain is charged with lying to creditors about transactions to bolster the company's credit rating. The Houston Chronicle has background on the Enron case. JURIST's Paper Chase has ongoing coverage of the Enron case.The Chronicle has more.

The Federal Election Commission Tuesday sought a stay of a court ruling that struck down campaign-finance regulations that the FEC said were crucial in the month before the election. According to the FEC, confusion will result among candidates and campaigns if the current rules are not enforced until new rules can be drafted.

US District Judge Colleen Kollar-Kotelly last month struck down more than a dozen FEC rules after several US Representatives brought suit alleging that FEC interpretations of the Bipartisan Campaign Reform Act of 2002 had created loopholes in the Act. AP has more.

Previously on JURIST's Paper Chase....

• FEC announces appeal of campaign finance ruling
• Federal judge strikes down political fund-raising rules
• Campaign reform backers sue FEC over 527 groups

Following up on a story reported Monday on JURIST's Paper Chase, Cambodian lawmakers have now passed additional legislation further to their approval yesterday of a Cambodia-UN pact establishing a UN-supported tribunal to try former leaders of the Khmer Rouge regime for genocide and crimes against humanity.

The new laws adopted by the National Assembly and anounced Tuesday exempt the two-tiered tribunal from the country's three-tiered court structure and block the government from seeking amnesty for anyone on trial or under investigation by the tribunal. The legislation also stipulates that the tribunal can review previous pardons. Yale University's Cambodian Genocide Program has background on the tribunal. AP has more.

The European Court of Human Rights ruled Tuesday that the detention of an autistic British man in a UK hospital under common law violated his human rights. The detention of the man, identified only as HL, under English common law meant that he could be detained based on the recommendation of a single doctor if it was determined that he could not consent to treatment.

According to the court, the man's detention, which began in July 1997, violated Article 5 of the European Convention on Human Rights [PDF] due to a lack of fixed procedures and means to appeal detentions. Despite the existence of the Mental Health Act of 1983, which does allow for appeals of detentions, thousands are still treated under the common law in the UK. The full court opinion is available here. Read a court press release on the ruling. The UK Department of Health has more on mental health and related laws. BBC News has more.

As expected, Oregon lawyer Brandon Mayfield has filed a lawsuit in federal court arguing that the federal government targeted him in the wake of the March Madrid train bombings because of his Muslim faith. Mayfield was arrested in connection with the bombings after being linked by the FBI to a fingerprint found near the scene. After spending two weeks in jail, the FBI acknowledged its mistake and Mayfield was released.

In his suit, Mayfield challenges the constitutionality of the USA PATRIOT Act and the Foreign Intelligence Surveillance Act and says that the government violated his civil rights by searching his home and office, seizing his family's belongings and holding him in jail. Tuesday's Oregonian has more.

Previously on JURIST's Paper Chase...

• DOJ investigating arrest of Oregon lawyer in Madrid bombing
• Oregon lawyer to sue FBI over Madrid bombing misidentification
• Oregon lawyer slams ill treatment while wrongly detained in connection with terror bombing
• Federal court dismisses case against Oregon lawyer in Madrid bombing
• Oregon lawyer remains material witness in Madrid bombing case
• BREAKING NEWS ~ Oregon lawyer jailed in Madrid bombings probe released

• Serbian Muslim Military Police Chief Naser Oric (background here) will stand trial at the International Criminal Tribunal for Yugoslavia beginning Wednesday for allegations of war crimes committed against Bosnian Serbs by troops under his command and control. The charges include wanton destruction of cities/villages, plunder of private and public property, and murder and cruel treatment of civilians within an area of control. Read the official ICTY trial order here. Read the ICTY indictment of Oric here.
  
  
• Mohamed ElBaradei, director of the International Atomic Energy Agency, stated Monday that South Korea must come clean about any other illicit nuclear testing it has performed in the past and must endeavor not to commit such mistakes again. ElBaradei, who is in Seoul this week for a science and technology conference, met with various South Korean leaders about the revealed nuclear tests conducted in 1982 and 2000 in enriching plutonium and uranium. ElBaradei said that if the tests were purely scientific - as the South Korean government has claimed - then there will be no legal action brought against the government by the IAEA, whose job it is to monitor all countries' use of nuclear technology. ElBaradei stated that further scientific tests would be permitted as long as they were declared to the IAEA in accordance with international law. Channel News Asia has more.
  
  
• Russian FSB (official site in Russian) security officials have arrested 11 people in Nizhny Novgorod alleged to be members of Hizb-ut-Tahrir, a radical Islamic organization that was placed on the Russian list of banned entities last year. Hizb-ut-Tahrir is known for its desire to see the current Uzbekistan government replaced by a fundamentalist Islamic regime. The organization had previously declared its intent to do this through non-violent methods, but recent arrests, including those made Monday, have discovered alleged weapons caches, comprising assault rifles and grenade launchers. Human rights groups allege that Hizb-ut-Tahrir is being targeted in order to stamp out radical Islam in Uzbekisitan rather than a legitimate anti-terror effort. ISN has more.

North Korea's state media said Tuesday that the North Korean Human Rights Act of 2004 (HR 4011), approved by the US House of Representatives Monday and now ready for President Bush's signature, shows that the US is "hell bent" on destroying North Korea and makes the six-party talks on ending North Korea's nuclear ambitions meaningless. The US legislation urges North Korea to better protect human rights and provides US funds to help refugees who have fled the country.

Despite the North Korean reaction, South Korean President Roh Moo-hyun has said that he still believes a peaceful settlement will be found. Read the KCNA report from Pyongyang and more from Reuters. VOA News covers Roh's reaction here. The US State Department has posted the text of remarks supporting the act made on the House floor yesterday by Rep. James Leach, chair of the House International Relations Subcommittee on Asia and the Pacific.

The two newest Canadian Supreme Court justices, Rosalie Abella and Louise Charron, have been sworn in to their posts, marking the first time in Canadian history that four women have sat on the bench of the country's highest court.

Marking the occasion, Chief Justice Beverley McLachlin said "I am proud that, with the appointment of [Abella and Charron], the composition of the Supreme Court now approaches an accurate reflection of the place of women within the judiciary, within the legal profession, and within Canadian society more generally." Tuesday's Toronto Star has more. CTV.ca provides recorded video of the swearing-in ceremony.

Saudi Arabia is continuing to delay the release of Yasser Esam Hamdi from US custody, saying that certain provisions of its agreement with the US to accept Hamdi may not be enforceable. As previously reported on JURIST's Paper Chase, the agreement will require Hamdi to renounce his US citizenship and terrorism and will impose strict restriction on Hamdi's travel, including reporting to the US embassy in Riyadh if he wants to leave Saudi Arabia.

A senior State Department official has said that the Saudis have not raised specific objections to Hamdi's repatriation, adding that "it's more a question of questions that we have endeavored to answer and we haven't gotten back any [response]." AFP has more.

Previously on JURIST's Paper Chase...

• Hamdi release delayed by negotiation dispute with Saudi Arabia
• Hamdi to be sent to Saudi Arabia, renouncing US citizenship
• Hamdi may be released from federal custody

Arab nations are calling for a Tuesday vote on a proposed UN Security Council resolution on the situation in Gaza, saying that the recent Israeli incursion into Gaza demands urgency. The proposed resolution has been met with opposition from the US for its lack of balance by focusing only on Israeli responses to Palestinian attacks.

According to US Ambassador John Danforth, "unfortunately the United Nations, both the General Assembly and the Security Council, instead of saying stop it to both sides, acts as the adversary of Israel and the cheerleader of the Palestinians. That is not the way to peace. That is not the roadmap to peace." Read Ambassador Danforth's statement to the Security Council. The UN News Service has this report on the Security Council's emergency session on Gaza. AP has more on the push for a Tuesday vote. JURIST's Paper Chase has background here (scroll down) and here.

The UN High Commissioner for Refugees has asked for access to migrants landing illegally in Italy so that the agency can ensure that genuine refugees are not being expelled along with illegal migrants. As previously reported on JURIST's Paper Chase, Italy began turning away illegal immigrants arriving from North Africa this weekend as part of an emergency effort to stop the flood of immigrants.

According to Raymond Hall, Director of UNHCR's Regional Bureau for Europe, "we recognise the very strong pressures that these continuing arrivals are generating, but all those who request asylum should have access to a fair procedure to assess their possible protection needs under the 1951 Refugee Convention." UNHCR has this press release. UNHCR reports that Italy has not yet responded to the request for access. BBC News has more.

An Italian judge ruled Tuesday that two former Grant Thornton auditors of Parmalat will stand trial on false accounting and market rigging charges for their role in the Italian dairy company's collapse.

Judge Cesare Tacconi's ruling came at the start of hearings on whether 32 individuals and companies accused of crimes in the fraud scandal should be put on trial. AP has more on the charges and Reuters has additional background.

Previously on JURIST's Paper Chase...

• Parmalat files suit against former auditors
• Parmalat files suit against Swiss bank UBS
• Parmalat sues Citigroup for its role in accounting fraud
• BREAKING NEWS ~ 29 indictments sought in Parmalat case

Here's a run-down of law-related events, expected developments and live webcasts on JURIST's docket for Tuesday, October 5.

The US Fifth Circuit Court of Appeals will hear oral arguments today on whether Louisiana's rule barring foreigners from taking the state bar exam violates the Constitution. AP has more.

On Capitol Hill, the US Senate will meet at 9 AM ET and will resume consideration of the Intelligence Reform Bill (S 2845). Watch a live webcast (via C-SPAN).... The US House will begin legislative business at 10 AM ET and will consider several bills, including the Bankruptcy Judgeship Act of 2003 (S 878). Watch a live webcast (via C-SPAN).... The US House Judiciary Committee Subcommittee on Courts, the Internet and Intellectual Property will hold a 9:00 AM ET hearing on peer-to-peer piracy on university campuses. Watch a live webcast.... The US Senate Judiciary Committee will hold a 10 AM ET hearing to examine opening the presidency to naturalized Americans. Watch a live webcast.

Senior law enforcement officials and security experts will gather in Cancun for the 73rd Interpol General Assembly. The conference will focus on international offenses requiring global responses, including terrorism, trafficking in human beings, drugs and financial crime. Read an Interpol press release.