In response to several lawsuits seeking to overturn California laws prohibiting same-sex marriage, California state attorney general Bill Lockyer filed a brief in San Francisco Superior Court Friday arguing that the California constitution permits such laws.

Petitioners in the lawsuits counter that the laws violate both civil rights and constitutional processes, as has been held in Massachusetts. AP has more. Review the brief here [PDF] and read an accompanying press release.

The United States Commission on Civil Rights voted Friday to wait until after the presidential election in November to discuss its recent critical report on the civil rights policies of the Bush Administration. Despite objections from GOP commissioners, the 180-page report, Redefining Rights in America: The Civil Rights Record of the George W. Bush Administration, 2001-2004 [PDF] nonetheless remains posted on the Commission website. Written by commission staff, the report states that Bush "has neither exhibited leadership on pressing civil rights issues, nor taken actions that matched his words" on the subject.

Some of the criticisms concern the administration's funding request for civil rights enforcement agencies, his position on voting rights, and his actions against hate crimes. The report does, however, commend Bush for his commitment to help people with disabilities. Republican commissioners were openly critical of the timing of the report; they stated that a similar report on the Clinton administration was not released at all until after the 2000 election. AP has more.

Puerto Rican attorney Gregorio Igartua argued Friday before the US First Circuit Court of Appeals that Puerto Ricans should be allowed to vote in the November US presidential election. The Justice Department argued in response that they could not be permitted to cast ballots unless and until Puerto Rico becomes a state or the US Constitution is amended to allow them to vote.

The First Circuit court has ruled on the general issue twice before, most recently in 2000; both times the court held in favor of the Justice Department. Igartua wants to separate the right to vote, which he considers a "civil rights issue," from the issue of statehood, a hotly debated topic in Puerto Rico. Puerto Ricans are US citizens, and have been since 1917; they pay federal taxes to the United States and have been drafted into the US military. The court has not indicated when it will rule. AP has more. Read the opinion from the 2000 case here.

Miguel Angel Rodriguez, the recently appointed head of the Organization of American States (OAS) and former Costa Rican president, resigned abruptly Friday after allegations that he was involved in a bribery scandal. Read his letter of resignation here. Watch recorded video of today's Extraordinary Meeting of the OAS Permanent Council at which the resignation was announced here (in Spanish).

Rodriguez was informed that he will not be immune from prosecution on the bribery allegation, which sets forth that he accepted $140,000 from a French telephone company. He will be succeeded by Luigi Einaudi, an American and former State Department Official. Earlier this week, Costa Rica's president asked Rodriguez to resign. OAS is the world's oldest regional organization and premiere forum for multilateral dialogue. AP has more.

Legal experts are questioning the role of US District Judge Gerald Rosen, from the Eastern District of Michigan, in the largest terrorism trial in the US since September 11th. Last month, Judge Rosen reversed the convictions of three Detroit men accused of operating a terror cell. Read the opinion here [PDF].

It was later revealed that Judge Rosen interviewed a witness who was key to the judge's reversal of the convictions, thereby raising concerns about the impartiality of a judge/investigator. The judge and other justice officials explained that they were concerned about protecting secret information under the Classified Information Procedures Act. Federal prosecutors plan to file a complaint. AP has more.

US Ambassador John Danforth said Friday that Washington wants the UN Security Council to do something "extraordinary" about the Sudan crisis, and that is "to convene...at the site of the peace negotiations in Kenya." Danforth commented that such an act would stress the importance of reaching a peaceful resolution to the 21-year-old civil war in the country.

Overseas trips for the Council are not entirely unprecedented; in June 2004 a Security Council mission led by British Ambassador Emyr Jones Parry visited 7 West African countries on a fact-finding mission. In September, the Council passed a resolution threatening santions on Sudan's oil trade unless security is restored to the Darfur region, where there have been reports of genocide and war crimes. JURIST's Paper Chase has continuing coverage of the Sudan situation here. Reuters has more.

The House of Representatives Friday approved a GOP-designed bill implementing the recommendations of the 9/11 Commission on national security and counterterrorism. The House approved the bill by a vote of 282-134. Read the 9/11 Recommendations Implementation Act [PDF]. The legislation gives law enforcement new authority to fight terrorism and illegal immigration, and would create a national intelligence director and a new counterterrorism center.

It is, however, different in key and controversial respects from analagous Senate legislation passed Wednesday. Senate Majority Leader Bill Frist says he expects the Senate to review the House bill in the third week of October. AP has more.

Billy T. Thorton, an ex-safety inspector for NASA, pleaded not-guilty Friday to a federal indictment accusing him of falsifying critical examinations of the space shuttle Discovery.

Thorton, after rejecting an offer to plead guilty to one fraud count, now faces 83 fraud counts each with a maximum penalty of $500,000 and up to 15 years in prison. Thorton worked as an inspector with NASA during preparation for the 2003 ill-fated Columbia mission that resulted in the deaths of seven astronauts. AP has more.

A federal judge in Chicago Friday dismissed a $1.25 billion racketeering suit brought by Hollinger International, Inc. accusing former Chief Executive Conrad Black and his various corporate interests of pocketing more than $380 million in company funds in a series of actions recently documented in a scathing Hollinger report filed with the court and the Securities and Exchange Commission. Judge Blanche Manning said she had no jurisdiction in the case under the federal racketeering statute: "The conduct alleged as predicate acts by the plaintiffs would be actionable as securities fraud, and consequently, may not serve as predicate acts for purposes of a RICO civil action." She also said that claims concerning Black's breach of fiduciary duty and unjust enrichment were matters of state law.

Hollinger and Black had been engaged in a bitter dispute which had prompted the company to stop him from buying the London Telegraph and eventually led to his ouster as company head in November 2003. The full text of Judge Manning's ruling is not yet available online. Bloomberg has more.

UPDATE: Hollinger International says that it will continue to pursue its various claims and may even appeal this RICO ruling, emphasizing the dismissal of its case was on "technical grounds." Read the full HCI press release.

The UN Security Council Friday unanimously adopted a resolution sponsored by Russia calling on all countries to prosecute or extradite terrorists and those supporting them. Resolution 1566 was put forth by Russia following several harsh attacks there. The resolution creates a working group to monitor actions taken by countries against terrorists beyond the work done by a the UN committee covering al Qaeda and the Taliban.

The resolution was changed in final negotiations to limit its reach to criminal acts covered in international terror conventions, quelling the fears of several countries, including Pakistan and Algeria, that the resolution would reach all those fighting in liberation wars and would create a new terrorist list. Amnesty International said the language of the resolution was too broad and could unintentionally cover human rights or political activists. The UN has more on its efforts to fight terrorism. Read the UN press release on the resolution. AP has more.

The Cambodian government Friday approved new succession laws for the country's monarchy adopted by the country's National Assembly after a surprise abdication announcement by King Sihanouk Thursday. The 1993 constitution (text here) states that a Throne Council will determine the next king (the monarchy is explicitly non-hereditary), but the process for who should be considered and what steps to take after the determination of the Throne Council is made has never been finalized. Under the law approved by the National Assembly, a nine-person council must meet within a week to select the new monarch. Prince Ranariddh, Sihanouk's son, is trying to convince his father to stay, and warns that the King's abdication may hold up progress on the recently adopted legislation on the Khmer Rouge war crimes tribunal (see JURIST's Paper Chase report here). BBC News has more on the succession troubles. The Phnom Phen Post has more.

In other international news...

• UN Secretary-General Kofi Annan established a formal five-member commission Friday to investigate the current conflict in the Darfur region of the Sudan and determine whether that conflict rises to the level of genocide. The members of the commission are to determine who, if anyone, is responsible for the coordianted attacks of the Janjaweed militias that acted to put down anti-government rebel groups with alleged torture, rape, and mass murder. The victims of the militias are mostly black African civilians, while the militias are composed of Arab Muslims. The commission, requested by Resolution 1564 (text here) passed last month by the Security Council, will also examine human rights and humanitarian norms in the region and make recommendations for improvement. JURIST's Paper Chase has background on the Darfur conflict. UN News Centre has more.
  
  
• A bill will be introduced before the Pakistani parliament sometime Friday intended to allow General Pervez Musharraf to remain as both president of the country and its active military leader. Opposition groups argue that a constitutional amendment passed last year prohibits the civilian head of the government from holding an active military rank (constitution text here). The 17th amendment settled the country's strife over Musharraf's 1999 military coup, legitimizing him officially as the country's rightful leader (amendment text here). Musharraf pledged to retire from his military position on Dec. 31, but he is now seeking to hold both positions, claiming it is the desire of the people, as well as a necessary provision to retain stability in the country and continue to fight terrorism. The Hindustan Times has more.
  
  
• Kenyan Judge Justice Philip Waki was reinstated Thursday after a one-year suspension following allegations of corruption from prominent Kenyan businessman Khurshid Ahmed Bhutt. A panel of justices held hearings over a period of six months, calling over 50 witnesses and interviewing them regarding Waki's career. Kenya has been plagued by allegations of corruption among its government officials. Current Kenyan President Mwai Kibaki has pledged repeatedly to purge the Kenyan government of bribery and fraud. Kenya's Daily Nation (registered site) has more.

Citigroup, the world's largest financial company, filed suit Friday against Italy (government site in Italian) for the government's handling of the Parmalat bankruptcy. Citigroup was owed almost $665 million by the foodmaker when it collapsed last year, but the bank alleged that the Italian government had allowed Parmalat to accept far more creditor claims from Italian lenders than US groups.

About 99 percent of American requests have been turned down by Parmalat Chairman Enrico Bondi, while only about 57 percent of Italian requests have received such treatment. The Italian government and Parmalat both refused to comment on the suit. The suit came only a day after Parmalat sued Bank of America for its financing of the company. Parmalat filed a similar suit against Citigroup in July. Bloomberg has more.

British hostage Ken Bigley, who has been held for three weeks by militants in Iraq, has been beheaded, a video obtained by Reuters Friday showed. The militants holding Bigley had demanded the release of all Muslim women prisoners held by coalition forces in Iraq. Britain reported that it was not holding any women, but the US said it was holding two Iraqi scientists involved in Iraqi weapons programs. Initial reports by the Iraq Justice Ministry claimed the women would be released, but US and Iraqi officials later refuted those claims. The British Foreign Office said it was trying to confirm the reports of Bigley's death. BBC News has a timeline of the events. Reuters has more.

UPDATE: BBC News is reporting that Bigley's family members have confirmed that Bigley was killed.

UPDATE-2: Amnesty International has condemned the beheading: "Kidnapping and then killing civilians are recognized international crimes involving the violation of people's most basic rights, and for which there can be no justification." Read the full AI press release here.

Previously on JURIST's Paper Chase....

• Brother of British Iraq hostage says US sabotaging release by refusing to free prisoners
• Iraq Justice Ministry prepares to release female prisoner after hostage beheading

The US has urged members of the Organization for Security and Cooperation in Europe to honor commitments to abide by the rule of law, emphasizing legislative transparency and an independent judiciary.

US Ambassador to Kazakhstan Larry Napper called on the countries to speed up the separation of powers in their governments, singling out many of the countries from the former Soviet Union. Napper cited concerns about the the trial of former Russian oil mogul Mikhail Khodorkovsky in particular. Napper spoke at the OSCE's annual human rights meeting being held in Poland. USInfo has more on the meeting and Napper's full comments.

The trial of a former Afghan commander who immigrated to Britain began Friday in London. The prosecution of Faryadi Sarwar Zardad, who faces charges of conspiracy to torture and take hostages, is the first of its kind in the UK, and the prosecution's opening statements were delivered by UK Attorney General Lord Goldsmith.

Section 134 of the UK Criminal Justice Act of 1988 allows people to be prosecuted by the British government for torture committed in other countries. The Act was passed in accordance with the UN Convention Against Torture. Zardad served as a commander outside of Kabul from 1991 to 1996 and is accused of indiscriminate violence against people living in the area. BBC News has more.

The New York Civil Liberties Union has filed two lawsuits in federal court claiming that hundreds were illegally arrested and detained during protests at the Republican National Convention in August. More than 1,800 people were arrested during the four-day convention held in New York City, many either near the World Trade Center site or Union Square on Aug. 31.

The suits allege that in addition to wrongly arresting many people, New York police held those arrested longer than allowed and fingerprinted many who were only accused of minor crimes. Earlier this week, the Manhattan district attorney dismissed charges against 227 protesters of blocking traffic near the World Trade Center site. Read the DA's statement about the protesters. AP has more.

UPDATE: The complaints from both suits are now availabe online. View them here [PDF] and here [PDF]. The NYCLU has a press release.

Previously on JURIST's Paper Chase....

• Judge releases hundreds of protesters, 19 more arrested
• Protester arrests reach 1,500 at Republican National Convention
• Lawyers group protests police treatment of observers at RNC demonstration

Where, however, as here, the basic background is one of volunteer service, the call-out is on a basis that there may be exemption on compassionate grounds, the recalled reservist is given repeated opportunities to voice any concerns, as a former serviceman he is familiar or at any rate required to be familiar with the Queen's Regulations and as a recalled serviceman he has, as is conceded, access to those Regulations and to the Leaflet, we do not think that it makes sense to say that the appellant has manifested his belief until he has informed his service of it, and has done so in a formal way. ... In effect, a volunteer cannot say that his conscience or religion has been interfered with by the state until he has made it clear in some appropriate and suitably formal way that he is no longer a volunteer.

Martha Stewart's defense website is reporting that, as anticipated, she has reported to prison in West Virginia. In an open letter to her supporters just posted online, she says:

Dear Friends,

By the time you read this, I will have reported to a minimum-security prison in Alderson, West Virginia, to begin serving my five-month sentence.

As I announced in September, although my lawyers remain very confident in the strength of my appeal and will continue to pursue it on my behalf, I have decided to serve my sentence now because I want to put this nightmare behind me as quickly as possible for the good of my family and my company.

While I am away, my updates here will be less frequent, if not altogether impossible. But please know this change is only an unfortunate reflection of my current circumstances, and in no way diminishes my commitment to my life’s work or to the friends, colleagues, customers and supporters who make it possible.

Today marks the beginning of the end of a terrible experience, and I am now one step closer to getting this awful time behind me. I deeply appreciate all of the support I have received throughout this ordeal from those people closest to me and from many thousands of well-wishers around the world.

While I am serving my sentence, my attorneys will continue to pursue my appeal. They believe it is a strong appeal that presents very serious legal issues, and the brief will be filed shortly with the court.

Over the next five months, Martha Stewart Living Omnimedia will be in the good hands of its talented management team and creative staff, and every day I am away, I will look forward to rejoining them to pursue my life’s work. That work is all about creating beautiful, practical and educational magazines and television programs as well as inspiring and useful products for the home.

I’ll see you again in March.

Here's a run-down of law-related events, expected developments and live webcasts on JURIST's docket for Friday, October 8.

US District Judge James Cohn has a scheduled a hearing for today in the lawsuit demanding that touch-screen voting machines in Florida be required to produce paper records. At the hearing, US Rep. Robert Wexler is expected to ask for an expedited trial. JURIST's Paper Chase has background on the case and AP has more.

Martha Stewart will begin serving her five-month federal prison sentence today for lying to federal investigators about the sale of her ImClone stock. Paper Chase has continuing coverage of the Stewart case and Newsday has more.

On Capitol Hill, the US Senate will convene at 9 AM ET and will consider the conference report on the JOBS bill (HR 4520) and will resume consideration of the Senate Intelligence Reform resolution (S Res 445). Watch a live webcast (via C-SPAN). The US House will convene at 9 AM ET and will consider the 9/11 Recommendations Implementation Act (HR 10). Watch a live webcast (via C-SPAN).

USC-Caltech's Center for the Study of Law and Politics and the Initiative and Referendum Institute are hosting a conference entitled The 2004 Election: What Does it Mean for Campaigns and Governance. The conference features a keynote address from Florida Senator Bob Graham and presentations by several law professors. Read the conference's agenda.

At the United Nations, the Security Council will meet at 10 AM ET to discuss threats to international peace and security caused by terrorist acts.

Kenyan rights activist and environmentalist Wangari Maathai has won the 2004 Nobel Peace Prize. The Norweigan Nobel Committee said in its official press release issued Friday in Oslo that "Maathai stood up courageously against the former oppressive regime in Kenya. Her unique forms of action have contributed to drawing attention to political oppression - nationally and internationally. She has served as inspiration for many in the fight for democratic rights and has especially encouraged women to better their situation." Maathai is the first African woman to receive the Nobel award. BBC News has more, including a profile of Maathai, who is currently Kenya's deputy environment minister.