[JURIST] A US judge on Thursday dismissed the bankruptcy case of Russian oil giant Yukos, saying that the matter should be decided in a forum allowing for involvement by the Russian government. Yukos claims that it was the victim of a Russian government-orchestrated plot to destroy it, and the company has been trying to bring the dispute into US courts for the past two months . The motion to dismiss [JURIST report] had been filed by Deutsche Bank [corporate website], which claimed that Yukos had forum-shopped for a friendly jurisdiction. Yukos maintains a website related to its Chapter 11 case. Reuters has more.

[JURIST] Attorneys for Ahmed Omar Abu Ali claim that he should be released from jail pending trial on charges that he plotted to assassinate President Bush and aided the Al-Qaeda terror network because Abu Ali lacks a criminal record and he has battled to return to the US since his arrest in Saudi Arabia two years ago. The indictment [PDF] against Abu Ali is available from the Washington Post. Prosecutors claim that Abu Ali poses a grave danger to the US, and state that he should remain incarcerated until his trial. CBS News has analysis of the case, calling it a hybrid of the four biggest terror-law cases since the Sept. 11 attacks. Abu Ali's family plans to sue [AP report] the US goverment on the grounds that he was tortured during his detention in Saudi Arabia. AFP has more.

[JURIST] A Mississippi judge delayed Thursday the murder trial of a reputed Ku Klux Klansman who is charged with the notorious Mississippi Burning [UMKC backgrounder] killings of 1964 due to scheduling conflicts and the desire to allow defense attorneys to review recent tips received related to the case. Edgar Ray Killen [UMKC profile], 80, is alleged to be the mastermind behind the plot to abduct and kill three civil rights workers who had been helping blacks register to vote during what was known as the Freedom Summer [US State Department information] movement. FindLaw has posted the indictment [text]. From Mississippi, the Jackson Clarion-Ledger has local coverage, including details of possible witnesses in the case. Killen was among 18 men tried for federal civil rights violations in 1967, but his case ended with a hung jury. State prosecutors declined to file charges at the time. Although seven other suspects are still alive, only Killen has been charged so far. Reuters has more.

[JURIST] A New York Supreme Court judge dealt a blow to same-sex couples seeking the right to marry on Thursday, upholding the state's stance that the extension of marriage rights is a matter for the state legislature rather than the courts to decide. Last year in Ithaca [official website], 25 same-sex couples applied for marriage licenses, supported by Mayor Carolyn Peterson. Judge Robert Mulvey cited the possibility of changing social values influencing lawmakers, but said the matter is not the duty of the court to decide. Attorneys for the couples promise to appeal, but because the case hinges largely on statutory interpretation and not constitutional rights, the case will not be able to go directly to the Court of Appeals, New York's top court. The Ithaca Journal has more.

[JURIST] In Thursday's environmental law news, the US meatpackers industry group [corporate website] has filed a complaint in the US District Court of District of Columbia to lift a ban on the import of all cattle from Canada. Documents from the case, AMI vs. DeHaven and Johanns, are not yet online. Currently, the USDA [official website] is set to allow the import of cattle and beef products from cattle under 30 months of age, and continue to ban cattle and beef products from those over 30 months, starting March 7. The meatpackers argue that the 30-month age cutoff is arbitrary and does not affect whether consumers or other cattle are a risk for BSE (mad-cow disease). The meatpackers are opposed by a number of groups, including US ranchers, who want the ban to stay in effect. AP has more.

In other news...

• The Sudan 1 red dye food recall [JURIST report] has expanded beyond the UK to 15 other countries, including Canada and the US. Sudan 1 is believed to be a carcinogen in humans and has been banned from use in food products. The dye apparently found its way into some chili powder that has since been incorporated into over 400 food products. The Guardian has more.
  
  
• Teresa Chambers [biography], former Chief of Police of the US Park Police Force [official website], has filed a complaint [text, PDF] against the Department of Interior, claiming that DOI illegally destroyed documents relating to her employment. Chambers was forced to resign in December 2003 for misconduct and performance-related issues. Chambers claims that performance evaluations that would show those charges to be fabricated have been destroyed. Public Employee for Environmental Responsibility has more.
  
  
• The National Marine Fisheries Service (NMFS)[official website] seeks comments on a proposed rule [text] that would implement a variety of methods to hopefully reduce the number of vermilion snapper [NOAA factpage] caught in the Gulf of Mexico by 25 percent of the 2003 harvest. If approved, the changes would remain in effect for 10 years. Comments can be made here until April 25.
  
  
• The EPA [official website] seeks comments on a proposed rule [text] that would create a new Ocean Dredged Material Disposal Site seven miles off the coast of Port Royal, SC. The Army Corps of Engineers [official website] grants permits to persons and other state and federal agencies that want to dispose of dredged material in the oceans. The proposed site would be used to dispose of material from a variety of federal projects in the South Carolina area. Comments can be made here until April 11.
  

[JURIST] Senator Arlen Specter [official website], chairman of the Senate Judiciary Committee [official website], said Thursday that the committee will hold confirmation hearings next week for William G. Myers III, nominated by President Bush to the Court of Appeals for the Ninth Circuit, and District Judge Terrence W. Boyle, a nominee for the Court of Appeals for the Fourth Circuit. The nominations of both Myers and Boyle have previously been blocked by Senate Democrats. Speaking at a press conference Thursday morning, Specter said, "I have a commitment to the president to give his nominees prompt hearings and to move promptly to get them out of committee, and we will do that.... When it comes to the floor, as you all know, it is another matter." The New York Times has more.

[JURIST] Connecticut's Joint Committee on the Judiciary [official website] has approved a bill [committee meeting minutes] that will allow civil unions for same-sex couples. If the bill is approved by the full House and Senate and the governor, Connecticut would join Vermont as the only two states extending the rights and responsibilities of marriage to same-sex couples. Under the proposed bill, An Act Concerning Marriage Equality [text; bill status summary], same-sex couples who have entered into a civil union will be allowed to file joint state tax returns, qualify for a partner's health insurance and inherit a partner's property without paying taxes. The Judiciary Committee provides additional legislative materials, including background reports and testimony of expert witnesses. Thursday's Hartford Courant has more.

[JURIST] Leading Thursday's corporations and securities law news, Senator Arlen Specter [official website] announced the Senate Judiciary Committee [official website] will start an investigation into how criminals were able to gain access [JURIST story] to at least 145,000 consumer profiles maintained by ChoicePoint Inc. [corporate website]. Privacy advocates are calling for tougher regulations for ChoicePoint, which currently maintains personal profiles of almost all American consumers. Reuters has more.

In other news...

• Former HealthSouth [corporate website] Assistant Controller Ken Livesay, a chief architect of the huge fraud at health giant who has pleaded guilty, testified Thursday that the company used outright fraud when it inserted bogus numbers in the accounting books. Livesay also testified that former HealthSouth CEO Richard Scrushy [official website] told him to "hang in there" and also promised that "we're not going to have to do this forever." Read the indictment against Richard Scrushy [PDF]. AP has more.
  
  
• US Bankruptcy Judge Letitia Clark may dismiss Russian oil giant Yukos' request for bankruptcy protection for lack of jurisdiction in Texas. Yukos [corporate website; JURIST Hot Topic archive] filed for Chapter 11 bankruptcy in the US late last year in an attempt to stop the Russian government-ordered auction of its key oil unit and to protect its remaining assets. Judge Clark's expects to rule on the request soon. Yukos maintains a website for its Chapter 11 case. AP has more.
  
  
• Former WorldCom Chairman Bert Roberts Jr. testified Thursday that former WorldCom Chief Executive Bernard Ebbers [Wikipedia profile], on trial for fraud, did not know the company hid billions of dollars in expenses. The testimony contradicts that given by ex-CFO Scott Sullivan, who said Ebbers was aware of the fraud [JURIST report]. In other news, Ebbers' attorney is expected to decide soon whether Ebbers will testify in the case. Read Ebbers' indictment [text, PDF] and the superseding indictment [text, PDF]. Bloomberg has more.
  
  
• Krispy Kreme Doughnuts Inc. [corporate website] announced Thursday that the US Attorney's Office for the Southern District of New York [official website] is investigating the company. The investigation is likely related to the SEC [official website] probe into how the company accounts for acquisitions of franchised Krispy Kreme businesses. Read the Krispy Kreme press release. CBSMarketWatch has more.
  
  
• Michaels Stores Inc. [corporate website] announced Thursday that a federal grand jury and the SEC are investigating trusts controlled by the company's leaders Sam Wyly [official website] and Charles J. Wyly Jr. The probe relates to the Wylys' failure to disclose their involvement in offshore trusts that traded in company stock. Read the Michaels Stores press release. AP has more.
  
  
• Radio market leader Clear Channel Communications [corporate website] announced Thursday that the company and radio host Howard Stern both agreed to withdraw their lawsuits claiming money damages relating to Clear Channel's decision to remove Stern's morning program from its stations. Read the Clear Channel press release [PDF]. AP has more.

[JURIST] In Thursday's international brief, the Supreme Court of Zimbabwe held Wednesday that while voting was constitutionally protected in the country, it was not a "fundamental right." The ruling was made at a hearing for Zimbabweans who are petitioning the government to allow them to vote, even though they live outside of Zimbabwe. Counsel for the exiled Zimbabweans argued that voting was an exercise of freedom of expression, choice, association and movement, all rights protected by the Zimbabwean Constitution. The Court disagreed, however, and stated that even if voting was an exercise of those rights, it did not automatically follow that those rights were assertable regardless of geographical location. The Zimbabwean Government [official website] has said it will not allow an estimated 3 million Zimbabweans, nearly a quarter of the country's population, vote because officials in ruling political party Zanu PF [official website], including President Robert Mugabe, are banned from traveling to numerous countries due to a poor human rights record, and are therefore incapable of campaigning to the potential voters. Zim Online has local coverage.

In other international legal news ...

• Talks began Thursday between President Bush [official bio] and Russian President Vladimir Putin [official website] at the 2005 Slovakia Summit [official website]. Bush arrived in Bratislava, Slovakia, on Wednesday and attended welcoming ceremnonies, and he was joined by Putin Thursday morning. Today's schedule includes a meeting between Bush and Slovakian Prime Minister Mikula Dzurinda [official bio] which included discussions of Slovakian policy and visas for Slovakian nationals visiting the US. Read the official press statement. Putin and Bush are scheduled to meet later today and Friday and have already addressed Iran's nuclear situation [JURIST report]. The Slovakia Summit website has developing information. BBC News has more.
  
  
• The Inter-American Commission on Human Rights [official website] opened Thursday its first session of 2005 in Washington, DC. The Commission is composed of seven independent experts on human rights and receives petitions and reports on human rights situations in the Americas. The Commission can recommend that a particular complaint or report be forwarded to the Inter-American Court on Human Rights [official website]. Listen to the opening remarks [audio; official transcript].
  
  
• The trial of 18-year-old Samir Azzouz for charges of planning terror attacks began Thursday in the Netherlands. Azzouz was arrested last year when a raid on his house produced weapons and maps of allegedly targeted buildings. Specific charges include attempted murder, manslaughter, arson and illegal possession of a firearm. Azzouz is also suspected of being involved with the Muslim extremist group that was allegedly responsible for the murder of filmmaker Theo van Gogh [official website in Dutch] in 2004. Reuters has more.

[JURIST] Two medical clinics have asked the Kansas Supreme Court [official website] to intercede in secret investigation by Attorney General Phill Kline [official website] seeking medical records of females seeking late-term abortions. Kline wants the records in an attempt to find evidence of sex crimes against children. Kansas law gives prosecutors the authority to conduct secret inquisitions during a criminal investigation. The two clinics argue that there would be a breach of the doctor-patient privilege if Kline receives the information. Furthermore, patients who are under subpoena do not know Kline is attempting to gain access to their files. In an unrelated lawsuit, a federal judge in Wichita had blocked Kline's access to similar records. The two clinics argue Kline is attempting to obtain via state court what he could not access through federal court. The Wichita Eagle has more.

[JURIST] New York District Court Judge Robert W. Sweet [official website] ruled Thursday that the New York Times [corporate website] can protect the confidentiality of its sources under the First Amendment [text], refusing to dismiss the paper's lawsuit against the government. The ruling comes after the New York Times filed a lawsuit last year attempting to stop the Department of Justice [official website] from obtaining phone records of two veteran journalists, Judith Miller and Philip Shenonand, talking to their sources in the aftermath of the Sept. 11 attacks. The government wanted telephone records relating to a leak by a government employee about a raid on the offices of the Global Relief Foundation, an Islamic charity accused of funding terrorism. Judge Sweet stated the government can obtain telephone records during grand jury investigations when the information can be highly relevant and cannot be obtained elsewhere, but those conditions were not met in the present case. Miller is also one of two reporters facing jail time for the 2003 leak of an undercover CIA officer's name [JURIST story]. Read Judge Sweet's opinion [text, PDF]. AP has more.

[JURIST] The EU ended consideration Thursday of proposals [JURIST report] that would have banned Nazi symbols in the 25-country bloc after it became apparent that member states could not agree on which symbols should be included in the ban. Luxembourg, which currently holds the rotating EU presidency, withdrew the proposal from consideration. Many voiced concerns that any ban would be an unnecessary restriction on expression, particularly since the swastika is also a symbol long used by Hindus. A similar proposal was made to bar symbols from the former Soviet Union [JURIST report], but that ban has already been scrapped. The Nazi symbol controversy gained momentum after Prince Harry of Great Britain was shown wearing a Nazi officer's uniform at a dress party. BBC News has more.

[JURIST] The International Criminal Tribunal for Rwanda [official website; JURIST Hot Topic] has turned over 15 war crimes cases under its authority to Rwandan officials for the first time in the tribunal's 10 year existence. The ICTR made the transfer Wednesday as part of its strategy [text, PDF] to complete prosecutions by the time its mandate ends in 2008. ICTR Hassan Jallow said the transfer was the first of several planned. The transferred cases all involve suspects who have not yet been indicted. Discussions continue on how transferred suspects should be held and tried by Rwandan authorities. Hirondelle Press Agency has more.

[JURIST] AP is reporting that during a meeting [AP report] Thursday, President Bush and Russian President Vladimir Putin agreed that Iran should not be allowed to pursue nuclear weapons.

12:45 PM ET - From Russia, MosNews.com has local coverage. The White House has a joint statement [text] from the two leaders on nuclear security cooperation.

1 PM ET - An AP story is now available online.

[JURIST] Parliamentary elections in Afghanistan [JURIST countries archive] will likely be delayed until this summer or fall, a UN spokesman said Thursday. The elections were originally slated to be held before the end of the Aghan month Saur on May 21, but a deadline to declare the elections at least 90 days ahead of time has already lapsed, as the government struggles to implement a reliable voting system. Last month, the Afghan foreign minister said a delay was possible [JURIST report]. Although the presidential election was delayed once last summer, it was held successfully in October, with voters overwhelmingly selecting President Hamid Karzai [BBC News profile]. Officials are trying to decide whether to use a voting system favoring independents or one that emphasizes emerging political parties. AP has more.

[JURIST] The European Court of Human Rights [official website] ruled Thursday that Russia was guilty of serious abuses against Chechen civilians during its military campaign against rebel forces in the region. Six Chechens brought claims of torture and abuse against Russia stemming from military operations in 1999 and 2000. The court ordered Russia to pay $179,900 in damages to the six for breaching the European Convention of Human Rights [text, PDF]. The court found Russia had breached several rights, including the right to life, the ban on torture, and the protection of property. The cases were the first heard from the recent conflict in Chechnya, but about 120 complaints have been filed with the court. Hundreds of thousands of civilians are estimated to have been killed in the ongoing conflict. Read the court's opinion [text] for two plaintiffs who accused the Russian military of torturing and killing family members. The other claimants alleged injuries from bombing by Russian planes. Read the court's opinions on the claim here [text, DOC] and here [text, DOC]. The ECHR has a press release on the judgments. Reuters has more.

[JURIST]The UN Security Council [official website] said late Wednesday that it will consider a proposal by Secretary-General Kofi Annan [official bio] to end recruitment and use of child soldiers in violation of international law, acknowledging a need for a monitoring and reporting mechanism to track such abuses. The current proposal seeks not only to curb the use of child soldiers, but also to end all violations and abuses committed against children affected by armed conflict situations while promoting their reintegration and rehabilitation. It is not clear whether sanctions will be implemented for violators, which was a key request from Olara Otunnu [official bio], the Secretary-General's Special Representative for Children and Armed Conflict (CAAC) [official website]. Otunnu's report [link on official website] on the situtation cites the lack of security, access, cooperation and an organized and functioning mechanism for monitoring and reporting at the country level as major problems. The UN News Center has more.

[JURIST] The Sindh provincial High Court in Pakistan has started formal hearings for an appeal by four Islamic militants convicted of kidnapping and murdering Wall Street Journal reporter Daniel Pearl [Wikipedia profile]. British-born Islamic militant Ahmed Omar Saeed Sheikh [Wikipedia profile] was sentenced to death by an anti-terrorism court in July 2002. Three co-conspirators were sentenced to life in prison. The four appealed to the High Court in 2002 challenging the verdict. The government has also appealed to the same court seeking an enhancement in the punishment. A formal hearing of the case has not been held because of the absence of lawyers representing the militants. Under Pakistani law, a convict can seek appeals in superior courts; however, no case can be heard if any of the convict's lawyers are absent. Reuters has more.

[JURIST] The Supreme Judicial Court of Massachusetts [official website] will hear a challenge to a 1913 state law that Massachusetts has used to block out-of-state gay couples from being married there. The 1913 law prohibits the commonwealth from granting marriage licenses to couples whose marriage would not be legal in their home states. Following the landmark ruling in Goodridge v. Department of Public Health [PDF] which legalized gay marriage, state officials have ordered city clerks not to give licenses to same-sex couples from other states. Gay and Lesbian Advocates and Defenders (GLAD) [advocacy website] and 13 town clerks brought an action [GLAD complaint] arguing the law is discriminatory and has been selectively enforced to deny out-of-state couples their rights. A trial court rejected this contention, saying the law does not discriminate because it applies equally to both straight and gay couples. However, in a rare move, the Supreme Court took control of the case, bypassing the state appeals courts, and will hear oral arguments in September. The Supreme Court is also expected to hear [JURIST story] a challenge to the original Goodridge decision [court documents] brought by the Catholic Action League of Massachusetts [official website] in April. Read the GLAD trial court decision [PDF] and the town clerks trial court decision [PDF]. The Boston Globe has more.

[JURIST] Pakistan's Supreme Court [official website] announced it will allow six constitutional petitions to challenge President Pervez Musharraf's [Wikipedia profile] decision to remain the country's president and army chief of staff. The petitions, filed by Pakistan Lawyers Forum, the Communist Party and the Watan Party, challenge Musharraf's decision to retain the two offices in violation of both the Pakistani constitution and his own promise to Pakistani citizens. Pakistan's Constitution [text] calls for the election of a president by members of the national assembly and four provincial assemblies. However, Musharraf was elected through a referendum in 2002 that was approved by the national assembly after he promised that he would leave the post of army chief of staff by December 2004. Musharraf subsequently reneged on that promise saying he needed to keep the office due to the war on terrorism. The Court has issued notices to Pakistan's advocate general, federal law secretary and the attorney generals of four provinces to reply to the questions raised in the petition. Kyodo News has more.

[JURIST] The United Nations [official website] has started "a very urgent inquiry" into allegations that three Pakistani policemen raped a woman in Haiti while deployed on the UN mission to stabilize the nation. The probe follows reports of widespread abuse by UN peacekeeping soldiers in Congo. That probe led to the UN's decision [UN press release] to ban peacekeepers from having sex with Congolese. The preliminary Haiti investigation indicates the policemen were involved in a consensual sex for pay incident. Two of the accused could face legal and disciplinary action if the rape alligations are true. The UN mission in Haiti, known as MINUSTAH [UN official website], is part of an effort to stabilize the country after President Jean-Bertrand Aristide was ousted during a bloody rebellion last year. Reuters has more.

[JURIST] Here's a run-down of law-related events, expected developments and live webcasts on JURIST's docket for Thursday, Feb. 24.

The US Senate and US House [official websites] are in recess this week. Both will resume their sessions on Feb. 28.

Senate Judiciary Committee [official website] Chairman Arlen Specter will hold a press conference at 10:30 AM ET today to discuss his first six weeks in the post and to highlight the Committee's agenda for the upcoming months. Watch a live webcast of the press conference via C-SPAN.

The Ohio State University Moritz College of Law is holding a symposium titled "Meeting the Challenge of Grutter: Affirmative Action in 25 Years." A panel affirmative action challenges will begin at 10 AM ET, and a panel on the current state of affirmative action begins at 2 PM ET. More event information and a live webcast is available.

The National Press Club will hold a forum on the public display of the Ten Commandments, as the US Supreme Court prepares to hear arguments on the matter in two cases next week. Watch a live webcast of the forum via C-SPAN beginning at 2 PM ET.

The European Parliament [official website] continues its week-long plenary session today, with a session beginning at 10 AM local time [4 AM ET]. Read the agenda [text], and watch a live webcast of proceedings. Also today, the Justice, Freedom and Security Council [official website] will hold a press conference on its upcoming agenda. Watch a live webcast beginning at 1 PM local time [7 AM ET].

The 14th Conference of European Ministers Responsible for Local and Regional Government [official website] begins today in Hungary.

At the International Criminal Tribunal for the Former Yugoslavia, the trial of Slobodan Milosevic [ICTY case backgrounder] continues today. Watch a webcast of proceedings beginning at 9:30 AM local time [3:30 AM ET].