[JURIST] Former Bush administration solicitor general Theodore Olson told the conservative Federalist Society's National Convention in Washington Thursday that Bush nominees to the Supreme Court would likely face a "political firestorm" in the Senate. Olson predicted that the President could make as many as three appointments in his second term, all of which could prove extremely controversial given the permanency of the positions and recent Democrat filibustering of Bush nominees to lower court vacancies. Citing what he called "malicious" attacks on conservative Reagan court nominee Robert Bork in the late 1980s, Olson said "it could easily be worse next time around." AP has more.

[JURIST] The Supreme Court of Zimbabwe, which four years ago rejected government plans to seize thousands of white-owned farms and turn them over to black Zimbabweans, has upheld a controversial law passed in 2002 to enable the government to expand farm seizures. The Independent Online has more. Human Rights Watch has details on the human rights issues raised by the country's "fast-track land reform" plan, while PBS provides an overview of Mugabe's increasingly heavy-handed efforts to enable the executive branch to seize white-owned farms at will and without compensation.

[JURIST] With vote counts showing a slim victory for write-in candidate Donna Frye, a Democratic city councilwoman and local "surfer-activist," a lawsuit has been filed to declare her candidacy illegal and 124 local judges have been excused from hearing the case due to potential conflicts of interest. Presiding Judge John Einhorn recused the entire San Diego Superior Court bench because one of Frye's rivals in the election, Republican incumbent Dick Murphy, was a judge for 15 years and several area judges contributed to his campaign. The lawsuit, filed Tuesday, asserts that the City Charter does not allow for write-in candidates in general elections and seeks an injunction halting a vote count by the San Diego County Registrar of Voters Office. Frye claims that any legal challenge should have come when she entered the race five weeks before the election and notes that her opponents, who appeared alongside her in televised debates, didn't object at the time. AP has more.

[JURIST] In the wake of FCC crackdowns on media outlets, several broadcasters have changed Veterans' Day programming and a North Carolina radio station has banned the phrase "reproductive rights". ABC stations owned by Cox Television, Citadel Communications, Belo Corp., Hearst-Argyle, E.W. Scripps, and others are refusing to air Saving Private Ryan tonight, fearing six-figure fines and future difficulties in renewing their licenses, even though they aired the movie without incident for Veterans' Day in 2001 and 2002. The general manager of Pittsburgh ABC affiliate WTAE explains, "[i]t's a different social climate, the regulatory climate is different." Greg Stone, general manager of Atlanta's WSB-TV, notes that swear words used in the movie may make the station vulnerable to an FCC sanction in light of the agency's controversial March ruling [PDF] against NBC for broadcasting the musician Bono exclaiming, "[expletive] brilliant!" in response to his win at the 2003 Golden Globe Awards. That ruling, Stone noted, "reversed years of prior policy that the context of language matters." The Pittsburgh Post-Gazette has more. Meanwhile, Chapel Hill's NPR station WUNC-FM has required Ipas, an international women's rights organization, to describe its work in an underwriting announcement as promoting "reproductive health" instead of "reproductive rights," explaining that "we can't use advocacy language... Unfortunately, the FCC doesn't specify what that is. There's no list of forbidden terms. The only way to find out if you've stepped over the line is if someone challenges it and the FCC issues a fine." AP has more.

[JURIST] In Thursday's corporations and securities law news, PeopleSoft executives have unanimously recommended its shareholders reject Oracle's $8.8 billion hostile takeover bid because the offer was too low. Oracle, upon learning of the news, said it was prepared to walk away from its bid. Read the PeopleSoft press release here and listen to the webcast here. PeopleSoft also has a stockholder presentation here [PDF]. Read the Oracle press release here. AFP has more.

In other news, Delphi Corp. has announced it will postpone a SEC mandated quarterly 10-Q financial report amid a federal investigation into its dealings with with Electronic Data Systems Corp. and another information technology company. Read the Delphi filing stating its reasons for postponment here. AP has more.... Blockbuster Inc., the largest American video store chain, has made an unsolicited $700 million bid to buy its next-largest competitor Hollywood Entertainment Corp. Bloomberg has more.... Intel Corp. has named President Paul Otellinia, a 30-year Intel veteran who made his name overseeing the introduction of the Pentium processor in 1993, as its next chief executive officer. Read the Intel press release announcing the move here. Bloomberg has more.... Nortel Networks Corp., North America's largest telephone-equipment maker, has announced it is postponing releasing its financial restatement and said it overstated revenue by $3.1 billion in 1999 and 2000. Nortel has already taken eight months to restate results as the company reviews massive accounting errors. Read the Nortel press release announcing the delay here. Bloomberg has more.... US Airways reservation agents have voted to authorize a strike if a deal over their contract cannot be reached. Read the press release announcing the agents' intentions here. CNN has more.

[JURIST] A Nigerian federal appeals court today blocked an upcoming general strike which would effectively shut down oil exports in the world's seventh largest exporter. Justice Tanko Mohammed Yusuf ruled that the main Nigeria Labor Congress "shall not embark on any strike from 16th of November 2004 or any day thereafter." Earlier this year, the government had stopped the Nigeria Labor Congress from striking over the imposition of a new fuel tax. Today's ruling was an appeal from that decision. The Nigeria Labor Congress is prepared to call off the strike only if Nigerian President Olusegun Obasanjo agrees to reduce fuel prices, arguing the court ruling will not stop it. The issue will likely head to the Nigerian Supreme Court. AP has more.

[JURIST] Ralph Nader, who ran as an independent presidential candidate this year, has called for recounts of November 2 voting results. Nader says he want to ensure every ballot was counted amid growing allegations of irregularities. Nader is partiuclarly urging recounts in the hotly disputed states of Ohio and Florida, which were won by President Bush. Nader cited irregularities in Ohio including one Ohio polling station where 638 voters cast ballots but results showed 4,258 voted for Bush, and 260 for Kerry. Nader also cited irregularities in New Hampshire, won by John Kerry, where there were inconsistencies between the vote as reported on the Diebold AccuVote machines and exit polls and voting trends which favored President Bush by up to 15%. Read the Nader press release citing the election day problems here. AFP has more.

[JURIST] In the wake of early morning raids on the El Geer camp near Nyala in southern Darfur, Amnesty International is calling for the creation of an international body to monitor the Sudanese police. Amnesty will urge the UN Security Council in its meeting next week to find better ways to protect the people of Darfur. Amnesty International's Sudan researcher, Elizabeth Hodgkin, said the raid is proof security in Darfur is inadequate and also called for an increase of UN and African Union monitors in the troubled region. The UN announced it is pulling some staff out of the region because Sudanese authorities are preventing work from being done. Wednesday's attack is ther fourth raid of a displaced persons' camp in the past ten days. Read the Amnesty press release calling for a stop to the raids here. Read an eyewitness account of the raid here. BBC News has extensive coverage of the Darfur conflict. Voice of America has more.

[JURIST] Lawyers from the John Kerry presidential campaign are scrutinizing the results of voting in Ohio, especially the provisional ballots, to determine if any voting irregularities exist. Since President Bush is leading Kerry in the state by more than 136,000 votes with only 155,337 provisional ballots outstanding, the effort is not aimed at changing the outcome of the election, but rather at identifying any voting problems to put to rest any doubts about the Ohio vote. Election officials will be questioned about the number of absentee and provisional ballots and any reports of equipment malfunctions from around the state. This is the first time all states were required to use provisional ballots. AP has more.

[JURIST] The Iowa Supreme Court has announced plans to begin disciplining the state's county prosecutors under the Court's Board of Ethics. Currently, an ethics committed of private Iowa County Attorneys Association handles complaints against prosecutors. However, this practice has come into question by recent actions which has led some Iowan attorneys to question how well the group could investigate its own members. The proposed rule changes, which is subject to public comment before it can take effect, will also result in local bar associations losing the ability to handle complaints as they currently do. The court is accepting public comment on until mid-January. Read the Iowa Supreme Court press release announcing the change and the order. The Des Moines Register has more.

[JURIST] The Minnesota Supreme Court has ruled that a state law requiring candidates to reach a vote threshold in a primary election before appearing on the general election ballot violated "important constitutional rights that are central to the preservation of our democracy." Saying that the law served "no rational state purpose," the court concluded "that by denying Independence Party candidates access to the general election ballot the primary threshold law violates petitioners' constitutional rights to vote and to associate for the advancement of political beliefs under the First and Fourteenth Amendment." Read the court's opinion. AP has more.

[JURIST] Reaction to President Bush's nomination of White House Counsel, and former Texas Supreme Court Judge, Alberto Gonzales to succeed John Ashcroft as US Attorney General has been mixed, with most of the criticism citing Gonzales' role in setting administration policy on detaining and questioning people captured in the fight against terrorism. Gonzales was the author of a controversial January 2002 memorandum [PDF] that concluded that the war on terror rendered the Geneva Conventions "obsolete." Senator Patrick Leahy, senior Democrat on the Senate Judiciary Committee, which will be considering Gonzales' nomination, said in a statement Wednesday that the Judiciary Committee would review issues surrounding the detention and interrogation of terrorism suspects as part of Gonzales' confirmation hearings. Amnesty International USA insisted that it took no position on individual nominees, but said that the opinions produced by Mr. Alberto Gonzales on issues of humanitarian law during his tenure as White House Counsel, and the policy decisions that resulted from them, deserve "close and careful scrutiny". New York-based monitoring group Human Rights Watch was more direct, calling Gonzales a "a poor choice for the top law enforcement post in the United States", noting that "As White House counsel, Gonzales was the architect of the Bush administration’s policy of placing detainees captured in the fight against terrorism beyond the protection of any law. That policy opened the door to brutality against detainees in Iraq, Afghanistan, and Guantanamo Bay and unfair legal proceedings against them." Alliance for Justice similarly observed that Gonzales "provided the Bush administration with the legal architecture to sidestep and ignore the rule of law that, as attorney general, he will be mandated to enforce." The Center for Constitutional Rights in New York has voiced like concerns. From a different perspective, the American Life League has called Gonzales "wrong" for Attorney General. In a statement Thursday, president Judie Brown said "President Bush appears to be doing all that he can to downright ignore pro-life principles. There can be no other explanation for his recommendation of Alberto Gonzales as attorney general. Gonzales has a record, and that record is crystal clear. As a Texas Supreme Court justice, Gonzales' rulings implied he does not view abortion as a heinous crime. Choosing not to rule against abortion, in any situation, is the epitome of denying justice for an entire segment of the American population -- preborn babies in the womb."

On the other side, Hispanic groups have praised the nomination of Gonzales, who would be the first Hispanic to serve as US Attorney General. The Latino Coalition has praising the nomination [PDF] saying that Gonzales "has been an instrumental part of the legal efforts to boost the war on terrorism and keep America safe and secure, while upholding the highest standards in government ethics." Gonzales also has strong support on the Senate Judiciary Committee. Republican Senator Orrin Hatch, current Committee Chairman, said yesterday that "Judge Gonzales' record in Texas and the White House are praise-worthy. His legal, military, government and professional experience has proven to be a great asset to our country during very trying times. I am confident that he will be promptly confirmed and make a superb Attorney General."

The New York Times has more on the reaction to Gonzales' nomination. JURIST's Paper Chase has background on Gonzales' nomination here and here.

[JURIST] Britain's Foreign & Commonwealth Office has released its Human Rights Annual Report 2004, placing new emphasis on the denial of human rights by terrorist groups, not just governments. In introducing the report in London Wednesday, UK Foreign Secretary Jack Straw said "in the past the gravest attacks on human rights came from states - the Gulag in the Soviet Union, apartheid in South Africa, the crimes of Saddam Hussein. There is a need to recognize non-state groups - from militias in Darfur to international terrorists - as perpetrators of the some of the worst attacks." Some human rights activists have labeled the emphasis on non-state activities as "bizarre" and wonder if it's an attempt to divert attention away from the actions of governments. Read a transcript of Straw's remarks at the launch of the report. BBC News has more.

[JURIST] Lithuania became the first EU state to ratify the European Constitution on Thursday, when the Seimas, the Lithuanian Parliament, voted 84-4 (with 3 abstentions) to approve the international treaty. According to the process spelled out for ratification, all EU members must ratify the new constitution in 2005 and 2006. The process is fragile, as several nations intend or are required to put the ratification to a referendum before the general populace. JURIST's Paper Chase has background on the EU Constitution. The Guardian has more.... Former Yugoslavian President Slobodan Milosevic Thursday requested the International Criminal Tribunal for the Former Yugoslavia to subpoena a number of hostile witnesses to appear at his trial, including former US President Bill Clinton and current British Prime Minister Tony Blair. Milosevic told the court that he had sent requests to all of the individuals in his request, but that they had failed to respond, which he said made them obviously hostile. Milosevic's list of persons he wants subpoenaed also includes former US Secretary of State Madeline Albright, former NATO Commander General Wesley Clark, German Chancellor Gerhard Schroeder, and former German Defense Minister Rudolf Scharping. Milosevic wants the Court to have the witnesses present prior to the Christmas recess. Presiding judge Patrick Robinson told Milosevic that any such subpoena would first have to be requested in writing, which Milosevic indicated that he would do. The court made no statement about the likelihood of issueing such an order. UN special tribunals have no power to compel witnesses to appear for testimony. JURIST's Paper Chase has background on the Milosevic trial. Reuters has more.... Chilean President Ricardo Lagos received a report Thursday on the practice of torture under the regime of former Chilean dictator Augusto Pinochet. The report was prepared by a government-sponsored commission that interviewed more than 35,000 individuals that were incarcerated during the years of 1973 - 1990. Lagos said that he intended to read the report before making any specific comment, but praised the ability of the Chilean people to honestly examine their past. He also said that any possibilities of prosecution based on the material found in the report would be fully pursued. From Santiago, El Mercurio provides local coverage in Spanish. BBC News has more. JURIST's Paper Chase has background on Pinochet.

[JURIST] Israeli police arrested nuclear whistle blower Mordechai Vanunu Thursday for allegedly revealing classified information. In April, Vanunu completed an 18-year prison sentence for leaking Israel's atomic weapons secrets. As part of the terms of his release, Vanunu was barred from meeting with foreigners and journalists and from discussing nuclear secrets. Vanunu has acknowledged violating the release arrangement, but said he had no more classified information to reveal. Israeli police have declined to discuss the nature of Vanunu's alleged disclosures. AP has more. The Jerusalem Post has local coverage.

Previously on JURIST's Paper Chase...

• Israeli court orders nuclear whistleblower to stay in Israel
• Nuclear whistleblower released from Israeli prison

[JURIST] The US military announced Thursday that the courts-martial of Sgt. Javal Davis, Spc. Sabrina Harman and Spc. Charles Graner, who all face charges in connection with the Abu Ghraib prisoner abuse scandal, will be transferred from Baghdad to Fort Hood in Killeen, Texas. Read the official US Central Command news release here. Charges brought against the three under the Uniform Code of Military Justice include conspiracy to maltreat detainees; dereliction of duty for willfully failing to protect detainees from abuse, cruelty and maltreatment; maltreatment of detainees; and assaulting detainees. Charge sheets are available from FindLaw for Graner and Davis. Although no reason for moving the courts-martial was given, defense lawyers had argued that the problems of bringing witnesses and lawyers to Baghdad merited a change of venue. Graner's court-martial will begin on January 7, but dates for the other two courts-martial have not yet been announced. AP has more. JURIST's Paper Chase provides ongoing coverage of the Abu Ghraib prisoner abuse scandal.

[JURIST] Rauhi Fattouh, speaker of the Palestinian parliament, was sworn in Thursday to succeed Yasser Arafat as temporary president of the Palestinian Authority (website content has been replaced by a notice of Arafat's death). Under Article 54(2) of the Palestinian Basic Law, Fattouh will serve as caretaker president until elections are held to determine Arafat's permanent successor in 60 days. Middle East Online has more. Also Thursday, the executive committee of the Palestine Liberation Organization unanimously elected Mahmoud Abbas to succeed Yasser Arafat as chairman of the PLO. AP has more. Al Jazeera has additional coverage of Arafat's successors. JURIST's Paper Chase reported the death of Yasser Arafat early Thursday morning. WAFA, the official Palestinian news agency has a news release.

[JURIST] Here's a run-down of law-related events, expected developments and live webcasts on JURIST's docket for Thursday, November 11.

Today is Veteran's Day, a US federal holiday. Federal courts and most state courts are closed.

The US House and Senate are in recess until Tuesday, Nov. 16.

The UN General Assembly's 51st plenary meeting today will discuss coordination of humanitarian and disaster relief efforts. Read the secretary general's report [PDF] to be presented at the meeting. A live webcast of the meeting will begin at 9:30 AM ET via UN Webcast Channel 1.

An EU-Russia summit to take place at The Hague in the Netherlands has been postponed pending the instatement of the new EU executive. A new date for the summit has not been set.

At the International Criminal Tribunal for the former Yugoslavia, the Slobodan Milosevic trial continues, with a live webcast available at 3:30 AM ET (9:30 AM local time). A further appearance will be made by Ljubisa Beara, also with a live webcast at 9 AM ET. Also today, trials continue for Momcilo Krajisnik, Enver Hadzihasanovic and Amir Kubura, and a status conference will be held in the case of Dario Kordic and Mario Cerkez.

[JURIST] Palestinian leader Yasser Arafat died early Thursday in a Paris hospital according to an official announcement. He was 75. Admired deeply by supporters but reviled by opponents, Arafat's passing ends a week of speculation over the leader's failing health after premature reports of his death circulated on Nov. 4. The Palestinian Authority leader spent his life working toward the establishment of a Palestinian state, a goal he never realized, but was also a Nobel Peace Prize winner who brought global attention to the Palestinian situation. International leaders expressed condolences to the Palestinian people, thousands of whom spilled into the streets of Gaza in a spontaneous display of grief. AP has the full story. The Jerusalem Post has a multiple stories on Arafat's passing, including an obituary and a report of the interim Palestinian leadership as well as plans for Arafat's funeral. Ha'aretz also has extensive coverage of Arafat's death. See an earlier report by JURIST's Paper Chase regarding Arafat's declining health as well as the debate over his potential successors.