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Legal news from Wednesday, September 7, 2005




BREAKING NEWS ~ Schwarzenegger to veto California same-sex marriage bill
Bernard Hibbitts on September 7, 2005 9:12 PM ET

[JURIST] AP is reporting that Governor Arnold Schwarzenegger will veto a bill seeking to legalize same-sex marriage in California [JURIST report], according to a spokeswoman. The announcement follows a statement from the Governor's office late Tuesday on initial passage of AB 849 through the state Assembly in which a spokeswoman said "The people spoke when they passed Proposition 22 [declaring marriage in California to be limited to a bond between a man and a woman]. The issue subsequently went to the courts. The Governor believes the courts are the correct venue for this decision to be made. He will uphold whatever decision the court renders."

9:52 PM ET - Schwarzenegger press secretary Margita Thompson said:

Five years ago the matter of same-sex marriage was placed before the people of California. The people voted and the issue is now before the courts. The Governor believes the matter should be determined not by legislative action - which would be unconstitutional - but by court decision or another vote of the people of our state. We cannot have a system where the people vote and the Legislature derails that vote. Out of respect for the will of the people, the Governor will veto AB 849.
Read the full text of Thompson's statement on hehalf of Schwarzenegger. 365Gay.com has more.





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Bankruptcy reforms may burden Katrina survivors
Chris Buell on September 7, 2005 8:33 PM ET

[JURIST] Hurricane Katrina [JURIST news archive] survivors already in financial distress face a second hit if they do not qualify under stricter federal bankrupcty qualifications set to take effect Oct. 17. In addition to logistical difficulties of filing for those in areas devastated by the storm, changes made by the Bankrupcty Abuse Prevention & Consumer Protection Act [PDF text], approved last spring [JURIST report], increase paperwork and costs associated with filing for bankruptcy. The law also places more people under Chapter 13 bankruptcy, which requires some repayment of debts, a potentially significant burden for those facing recovery costs from the storm. The Consumer Federation of America [advocacy website] and the National Association of Consumer Bankruptcy Attorneys have both called on Congress [CFA news release, PDF; NACBA news release] to pass a one-year waiver of certain new provisions for those affected by Katrina. Bankruptcy filings caused by natural disasters such as a hurricane typically take several months before they begin to pick up. Knight Ridder has more.






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Bush administration opposes Gitmo commissions appeal to Supreme Court
Chris Buell on September 7, 2005 8:17 PM ET

[JURIST] The Bush administration has asked the US Supreme Court to reject an appeal from a US DC Circuit Court of Appeals decision [PDF text] supporting the administration's use of military commissions to try detainees at Guantanamo Bay [JURIST news archive]. Salim Ahmed Hamdan, a Yemeni who once served as Osama bin Laden's driver, is challenging procedures [JURIST report] used in the commissions, but the Justice Department argued in its brief opposing certiorari that the trial should proceed because Hamdan would have opportunities to raise legal objections later. The Department also argued that Hamdan can be held as an enemy combatant regardless of whether he is acquitted at trial. Ethical concerns [JURIST report] have arisen in the case because Chief Justice nominee John Roberts [JURIST news archive] was interviewing with the White House at the time he was on the panel that decided the case in favor of the government. The US Department of Defense recently revised procedures [JURIST report] used by the military commissions at Guantanamo in an effort to make them more similar to civil process. AP has more.






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US grants visa to Iranian president for UN summit
Chris Buell on September 7, 2005 7:56 PM ET

[JURIST] The US has provided Iranian President Mahmood Ahmadinejad [BBC profile; official website, in Farsi] a visa, allowing him to attend the UN World Summit 2005 [official website] next week in New York, despite some suspicions that he was part of the 1979 US embassy siege in Iran. A State Department spokesman said the visa had been granted after the US Department of Homeland Security had initially denied the request under the Immigration and Nationality Act. After the State Department said in early August that it might deny Ahmadinejad a visa [JURIST report], President Bush said that the Iranian president would be allowed to attend [JURIST report] the summit. Ahmadinejad has denied allegations [JURIST report] that he was one of a group of radical students that stormed the US embassy in Tehran and took 52 people hostage for over a year. AFP has more.






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Ebbers granted bail pending appeal; Ohio gets $94 million WorldCom settlement
Chris Buell on September 7, 2005 7:26 PM ET

[JURIST] A federal judge Wednesday granted bail for former WorldCom [MCIWorldCom website] CEO Bernard Ebbers, allowing him to remain free while he appeals a conviction for his involvement in the $11 billion fraud scandal that led to the collapse of the company. Ebbers was to report to a Louisiana prison on Oct. 12 to begin his 25-year sentence [JURIST report], but US District Judge Barbara Jones ruled that Ebbers' appeal raised a substantial question of law. Ebbers' attorneys have argued that jury instructions in the case were improper. AP has more. In related news, Ohio has reached a $97 million settlement with people and banks it alleged played a role in the WorldCom fraud scandal, state Attorney General Jim Petro [official profile] announced Wednesday. The settlement funds will be split among state pensions, the state Bureau of Workers' Compensation and attorney's fees. WorldCom reached a $500 million settlement with the Securities and Exchange Commission two years ago. Columbus Business First has more on the settlement.






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Saddam defends ordering attack on Kurds
Chris Buell on September 7, 2005 7:01 PM ET

[JURIST] Former Iraqi leader Saddam Hussein [JURIST news archive] reportedly admitted to ordering deadly attacks on Kurds in north Iraq, but he argued the attacks were legal because they were made in retribution, an Iraqi Special Tribunal [official website] official said Wednesday. The report appears to challenge the credibility of a sweeping claim made Tuesday by Iraqi President Jalal Talabani in a TV intreview that Saddam had confessed [JURIST report] to "crimes." According to the tribunal official, Saddam made the remarks last month while being questioned in preparation for his trial, which will begin Oct. 19. Hussein reportedly argued that he ordered attacks on Kurds [Wikipedia report] in 1987 because they were aiding Iran in its war with Iraq. Retribution was legal under the former Iraqi regime. AP has more.






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Environmental brief ~ Ninth Circuit upholds Clean Air deadline
Tom Henry on September 7, 2005 6:09 PM ET

[JURIST] In Wednesday's environmental law news, the United States Ninth Circuit Court of Appeals [official website] has upheld [PDF text] a decision that found a 2010 deadline set by the San Joaquin Valley Air Pollution Control District [official website] to clean up soot and other particles fell within the guidelines established by the Clean Air Act [text]. The Sierra Club and other groups had argued that the EPA had to require the local air district to meet federal standards by 2006. The San Francisco Chronicle has more.

In other environmental law news...

  • Norway is in danger of noncompliance with its obligations under the Kyoto Protocol [text; JURIST news archive]. Statistics were presented by a Norwegian government agency Wednesday showing that Norway is discharging 11 percent more greenhouse gases compared to 1990 levels. To comply, Norway has to reduce its emission levels by 2008-2012. Aftenposten has more.

  • The US Fish and Wildlife Service (FWS) [official website] is seeking comments on a proposed rule that would delist the Arizona distinct population segment (DPS) of the cactus ferruginous pygmy-owl (Glaucidium brasilianum cactorum) [advocacy website backgrounder] from the federal Endangered Species List [official website], eliminate its currently designated critical habitat, and withdraw its proposed new critical habitat. The proposed rule follows a ruling by the United States Ninth Circuit Court of Appeals that found that "the FWS acted arbitrarily and capriciously in designating the Arizona pygmy-owl population as a DPS under the DPS Policy." (National Association of Home Builders v. Norton, 340 F.3d 835 (9th Cir.2003)) [PDF text]. Comments can be made here until October 3, 2005.

  • The US FWS also seeks comments on an incidental take permit application that the agency has received from Snowshoe Mountain, Inc.[corporate website]. Snowshoe plans to expand its West Virginia mountain resort area in an area populated with the West Virginia northern flying squirrel (Glaucomys sabrinus fuscus) [official factpage], a federally endangered species. A draft EA is also available for review (not online). The FWS has more. Comments can be made here until November 7, 2005.

  • The US Mine Safety and Health Administration(MSHA)[official website] seeks comments on a proposed rule [text] that would extend the date for compliance with new diesel particulate matter limits in mining operations. MSHA also seeks comments on the appropriateness of including a provision for the medical evaluation of miners required to wear respiratory protection and for the transfer of miners unable to wear a respirator. Comments can be made here until October 14, 2005.





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Bush, O'Connor deliver eulogies at Rehnquist funeral service
Chris Buell on September 7, 2005 4:44 PM ET

[JURIST] President Bush paid tribute to the late Chief Justice William Rehnquist [Oyez profile; JURIST news archive] during his funeral service at St. Matthew's Cathedral in Washington Wednesday, saying in a eulogy that he would be remembered for the integrity and sense of duty he brought to his work. In her own address to the gathering of Rehnquist's friends and colleagues Justice Sandra Day O'Connor [Oyez profile] recalled first meeting Rehnquist more than 50 years ago when the two were classmates at Stanford Law School, and she said he was "clearly the brightest student in our class." The funeral service was followed by a private burial in Arlington National Cemetery. AP has more.

7:17 PM ET - The full text of President Bush's eulogy is now available.






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Anti-gay marriage initiative allowed on ballots in MA, AG says
Chris Buell on September 7, 2005 4:15 PM ET

[JURIST] A proposed ballot initiative to ban same-sex marriage [JURIST news archive] in Massachusetts can move forward after state Attorney General Tom Reilly [official profile] ruled [opinion letter, DOC] Wednesday that Article 48 of the state constitution [text] allows voters to overturn court decisions. The ruling to allow the initiative means supporters can move forward in the lengthy process to have the initiative placed on the ballot. Initiatives must obtain 65,825 signatures of voters and 25 percent support of the state legislature in two successive sittings to be certified. Same-sex marriage supporters had urged Reilly, a likely Democratic gubernatorial candidate in 2006, not to certify the initiative, but current governor Mitt Romney [official website] called on Reilly to allow the initiative. The Massachusetts Family Institute [advocacy website] has sponsored the proposed initiative [DOC text], which would amend the state constitution to define marriage as being between a man and a women. The Massachusetts Supreme Court in 2003 legalized same-sex marriages in the state. Read a news release from Reilly's office. AP has more.






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Army reservist acquitted of Afghanistan abuse charges
Chris Buell on September 7, 2005 3:54 PM ET

[JURIST] US Army Sgt. Christopher W. Greatorex was acquitted Wednesday of charges that he beat a detainee at a facility at the Bagram Air Base in Afghanistan [JURIST news archive] who later died from the injuries. A three-person military jury at Fort Bliss Texas acquitted Greatorex, of the 377th Military Police Company, on charges of abuse, maltreatment and making false statements. During the trial, another Army sergeant testified that she saw Greatorex and another soldier, Sgt. Darin Broady, repeatedly hitting the detainee, Habibullah, in the knees. Habibullah died shortly after being detained by the US in December 2002, and a military report concluded it was due to blood clots in his legs caused by beatings. Broady also faces a court-martial on similar charges. In all, nine soldiers have been charged with abuse of Habibullah [Wikipedia backgrounder] and another detainee in Afghanistan, with several already pleading guilty [AP report; JURIST report] or being convicted. AP has more.






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EPA proposes rule barring children, pregnant women from pesticide testing
Chris Buell on September 7, 2005 3:31 PM ET

[JURIST] Children and pregnant women cannot be included in pesticide testing on humans, according to a proposed rule [PDF text] released Wednesday by the Environmental Protection Agency [agency website]. Under the proposed regulations, an independent oversight board would be charged with ensuring that all studies used by the agency were ethically conducted and in accordance with international standards. Review would include study protocols and post-study reports on how the study was conducted. Faced with mounting political pressure, the EPA was forced to act on the issue earlier this year when it canceled an agency program [JURIST report] that studied the impact of pesticides on children. Some critics, however, have charged that the proposed regulations are not strict enough [Public Employees for Environmental Protection news release] to ensure safety, specifically criticizing the decision to accept studies that are currently before the agency and may include children and pregnant women. The rule is now subject to a 90-day public comment period, with the EPA hoping to implement a final version by January. The EPA has a news release and additional materials on the proposed rule. AP has more.






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UK minister tells EU rights might be limited to combat terror
Jeannie Shawl on September 7, 2005 3:20 PM ET

[JURIST] UK Home Secretary Charles Clarke [official profile] told the European Parliament [official website] Wednesday that it may be necessary for EU member states to accept an erosion of some civil liberties in order to protect their countries from organized crime and terrorism. Addressing a parliamentary session [summary of statements] on balancing rights and security, Clarke said that citizens' right to life should outweigh privacy concerns and warned that if European courts don't recognize this concept a change to the European Convention on Human Rights (ECHR) [PDF text] may be necessary. Clarke also used his remarks to warn judges [Guardian report] in the UK courts that they should not try to interfere with government plans to deport terror suspects [JURIST report]. The UK has signed agreements with several countries under which it has been assured that any suspects deported will not face torture upon return to their home countries. Critics of the agreements have, however, argued that the ECHR and the UK Human Rights Act [text] provide absolute protection against deportation to countries with a record of torture and other human rights abuses. Clarke Wednesday also urged the European Parliament to adopt additional measures to enable member states to more effectively fight terrorism, including a proposed rule [BBC report] that would require telecommunications companies to keep phone and e-mail records for a longer period of time. Clarke said that, with "appropriate safeguards," the proposal will not lead to "the mass surveillance of our citizens or to unnecessary invasion of the citizens' right to privacy." The European Parliament has recorded video of Clarke's press conference following the parliamentary session. Reuters has more.






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Chile high court to hear Pinochet immunity appeal
Chris Buell on September 7, 2005 3:02 PM ET

[JURIST] Chile's Supreme Court has agreed to hear an appeal by deposed Chilean leader Augusto Pinochet [Wikipedia profile; JURIST news archive] of a lower court decision in July that stripped him of immunity [JURIST report] from prosecution. Pinochet, 89, is accused of involvement in Operation Colombo, in which 119 political opponents were allegedly abducted and killed in 1975. The current case covers 16 of these killings specifically, and the lower court ruled that the former dictator was well enough to stand trial. The planned prosecution is one of many [BBC News timeline] the former leader faces for alleged crimes committed under his regime, which ran from 1973 to 1990. He has thus far managed to avoid trial, largely by what detractors argue are false claims of failing health to gain sympathy from courts. BBC News has more.

Previously on JURIST's Paper Chase...






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United files reorganization plan in bankruptcy court
Krista-Ann Staley on September 7, 2005 2:33 PM ET

[JURIST] UAL Corporation, the parent company of United Airlines [corporate website], filed its reorganization plan [PDF text] and disclosure statement [text] in US bankruptcy court Wednesday, before the recently extended [JURIST report] November 1 expiration of its exclusive ability to draft such a plan. A $2.5 billion, all-debt loan package from Citigroup, JPMorgan Chase, General Electric and Deutsche Bank will finance the plan, which is expected to take at least three years to complete. United's chairman, CEO and president Glenn Tilton [Forbes profile] recently told employees the target date for exiting bankruptcy, which they entered in December 2002, is February 1. AP has more.

Previously in JURIST's Paper Chase...






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Khodorkovsky moves forward in bid for parliament seat
Krista-Ann Staley on September 7, 2005 1:14 PM ET

[JURIST] Russian oil tycoon Mikhail Khodorkovsky [JURIST news archive; defense website in English and Russian] officially notified the district election commission Wednesday of his plans to run for the Moscow legislature in the December election, according to his lawyer Anton Drel. The former CEO of Russian oil company Yukos is eligible for the race while he appeals his May conviction [JURIST report] and nine year sentence [JURIST report] for fraud and tax evasion charges. The Russian constitution allows any citizen to run in an election unless he or she is in jail on a court ruling or declared to be mentally incapable by a court. If the sentence is affirmed in Khodorkovsky's appeal [JURIST report], scheduled to begin September 14 in Moscow, he will not be able to continue running for the seat. Reuters has more. RIA Novosti has local coverage.






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Base closure cases dismissed in Illinois, New Jersey
Jamie Sterling on September 7, 2005 12:00 PM ET

[JURIST] A federal judge has dismissed a lawsuit brought by Illinois Gov. Rod Blagojevich [official website] that attempted to stop the military from moving part of the 183rd Fighter Wing out of the state. The governor had argued that the unit was part of the state militia and had asked the judge to issue a temporary restraining order to prevent the Base Closure and Realignment Commission [official website] from sending its report to President Bush on Thursday. Judge Jeanne Scott ruled that Illinois suffered no economic loss because the base closure was not yet final and dismissed the case. Meanwhile, in New Jersey, a federal judge issued a ruling on Tuesday night that federal courts have no jurisdiction to overturn BRAC recommendations [Star-Ledger report] when asked to by state politicians. This case, which involved the closure of Fort Monmouth, is expected to be appealed. These rulings are inconsistent with other recent base closure cases around the country. A federal judge in Connecticut issued a temporary restraining order last month and scheduled a hearing on Connecticut's challenge to a BRAC commission recommendation [JURIST report] to move or retire fighter planes in the state. In Pennsylvania, a district court upheld the governor's claim [JURIST report] that the military needs his permission to dissolve an Air Guard division. Additionally, a federal judge is scheduled to hear arguments this week [JURIST report] in a Missouri case challenging the closure of the Air National Guard base in St. Louis. AP has more.

Previously in JURIST's Paper Chase...






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New charges to be filed in KPMG tax fraud investigation
Jamie Sterling on September 7, 2005 11:39 AM ET

[JURIST] Federal prosecutors said Tuesday that they planned on filing new charges against about a dozen suspects who are allegedly involved in the sale of questionable tax shelters by accounting firm KPMG [corporate website]. Prosecutors discussed the ongoing investigation at the arraignment of nine defendants charged last month for conspiracy to devise and sell fraudulent tax shelters, all of whom pleaded not guilty. The questionable tax shelters were sold to 350 people, costing the government at least $1.4 billion. KPMG reached a settlement [JURIST report] with federal prosecutors last month, agreeing to pay a $456 million penalty and accepting limits on the scope of its tax practice. Wednesday's New York Times has more.






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Israeli high court orders delay in Gaza synagogue destruction
Alexandria Samuel on September 7, 2005 11:20 AM ET

[JURIST] The Israeli Supreme Court [official website] has ruled that the Israeli government should look into whether the Palestinian Authority [official website], US or UN is willing to preserve 20 synagogues that remain standing in the Gaza strip following last month's Israeli withdrawal [IDF materials] from the region. The court's Tuesday ruling follows an earlier temporary injunction [JURIST report] prohibiting the destruction of the synagogues and could further delay the official handover of Gaza to Palestine in September. Rabbis insist that Jewish law bans destruction of synagogues, but Israeli Prime Minister Ariel Sharon's office has said the destruction of the synagogues is almost certain. AP has more.






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Media watchdog accuses Yahoo of helping Chinese prosecution of journalist
Jamie Sterling on September 7, 2005 11:13 AM ET

[JURIST] An international media watchdog organization has said that internet company Yahoo [corporate website] divulged information to China that led to the conviction of a journalist for leaking state secrets. Reporters Without Borders [advocacy website] Tuesday accused [press release] the Hong Kong arm of Yahoo with providing "China’s state security authorities with details that helped to identify and convict" journalist Shi Tao. According to the verdict [PDF text], Yahoo allegedly helped China link to the journalist's e-mail account and computer, which led to a 10 year imprisonment for sending foreign-based websites text of China's Communist Party's internal messages. A Yahoo spokesman had no immediate comment. BBC News has more.






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Microsoft files new appeal against EU competition ruling
Holly Manges Jones on September 7, 2005 11:11 AM ET

[JURIST] Microsoft [corporate website] announced Wednesday that it has filed a lawsuit against the European Commission in the European Court of First Instance [official website] over the "issue of broad licences for the source code of communications protocols." The lawsuit comes as part of the fallout from a 2004 European Commission decision [PDF text; press release], where Microsoft was fined $613 million and ordered to unbundle its media player from the Windows operating system and provide source code to competitors. Microsoft has previously challenged the Commission's decision and unsuccessfully attempted to get the court to suspend the sanctions. A Microsoft spokesman said the company's new lawsuit was filed as a "result of the agreement reached with the Commission in June to put this particular issue to the court for guidance and to avoid any further delay in the process." Microsoft has case materials and updates on its implementation of the Commission's decision. Reuters has more.

Previously in JURIST's Paper chase...






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BREAKING NEWS ~ Annan accepts responsibility for oil-for-food lapses
Jeannie Shawl on September 7, 2005 10:52 AM ET

[JURIST] BBC News is reporting that UN Secretary General Kofi Annan has accepted responsibility for mismanagement of the now defunct UN Oil-for-Food program [official website; JURIST news archive]. The Independent Inquiry Committee [official website] investigating the program delivered its final report [BBC report] to the UN Security Council Wednesday morning and will soon make the full report available to the public. According to an IIC press release [text]:

With respect to the Programme as a whole, the Committee’s central conclusion is that the United Nations requires stronger executive leadership, thoroughgoing administrative reform, and more reliable controls and auditing.

However, responsibility for what went wrong with the Programme cannot be laid exclusively at the door of the Secretariat. Members of the Security Council and its 661 Committee must shoulder their share of the blame in providing uneven and wavering direction in the implementation of the Programme. ...

However well-conceived the Programme was, in principle, the Security Council failed to clearly define the broad parameters, policies and administrative responsibilities for the Programme. This lack of clarity was exacerbated by permitting the Iraqi regome [sic] to exercise too much initiative in the Programme design and its subsequent implementation. Compounding that difficulty, the Security Council, in contrast to most past practice, retained through its 661 Committee, substantial elements of administrative control. As a result, neither the Security Council nor the Secretariat leadership was in overall control.

For all that uncertainty, the Secretariat had significant responsibilities in implementing and administering the Programme. As the Chief Administrative Officer of the United Nations, the Secretary-General, in turn, carried oversight and management responsibilities for the entire Secretariat. That included auditing and controls functions that had demonstrable problems with respect to the Programme.

Within the Programme itself, problems arose almost from the start. This report records the reluctance of both the Secretary-General and the Deputy Secretary-General to recognize their own responsibility for the Programme’s shortcomings, their failure to ensure that critical evidence was brought to the attention of the Security Council and the 661 Committee, and their minimal efforts to address sanctions violations with Iraqi officials; altogether there was a lack of oversight concerning OIP’s administration of the $100 billion Oil-for-Food Programme, and, above all a failure shared by them both to provide oversight of the Programme’s Executive Director, Benon Sevan.

In sum, in light of these circumstances, the cumulative management performance of the Secretary-General and the Deputy Secretary-General fell short of the standards that the United Nations Organization should strive to maintain. In making these findings, the Committee has recognized the difficult administrative demands imposed upon the Secretariat and the Secretary-General, both by the design of the Programme and the overlapping Security Council responsibilities.
The final report will also reaffirm the committee's prior findings [JURIST report] that there was not sufficient evidence to conclude that Annan personally sought to influence the procurement process.

11:40 AM ET - The committee's final report is now available.

How should the UN respond to the latest oil-for-food revelations? E-mail us at JURIST@law.pitt.edu.





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Iraqi draft constitution ready for printing
Holly Manges Jones on September 7, 2005 10:42 AM ET

[JURIST] An Iraqi official has confirmed that the draft Iraqi constitution [English translation; JURIST news archive] will be sent to printers Thursday so that almost 5 million copies of the draft can be printed and distributed to citizens in advance of an October 15 referendum. Baha al-Araji, deputy head of Iraq's Constitution Committee [official website], said that the version to be printed contains no changes from the draft submitted to parliament on August 28, but Iraqi President Jalal Talabani [Wikipedia profile] said the final version contains one revision to satisfy an Arab League request that the constitution refer to the Iraq's role as a founder of the pan-Arab group. Government officials plan to distribute copies of the final draft to all Iraqi households prior to the October referendum alongside monthly food ration allocations. As printing arrangements are finalized, Iraqi street vendors have begun selling pirated copies [AP report]. The UK Press Association has more.






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Bush urges Senate to focus on Roberts nomination, not O'Connor replacement
Alexandria Samuel on September 7, 2005 10:39 AM ET

[JURIST] A day after announcing his decision to nominate John Roberts [JURIST report] to succeed Chief Justice William H. Rehnquist, President Bush Tuesday urged Senators to concentrate on confirming Roberts, and not speculate on who he will now choose to replace Justice Sandra Day O'Connor, a decision he says will come in "due time". In remarks [transcript] before a Tuesday morning cabinet meeting, Bush said:

[It] is important for people to understand. I want the Senate to focus not on who the next nominee is going to be, but the nominee I've got up there now. And it's important for the country that they complete the work. And in the meantime, the country can be assured that I'll take a good, long look at who should replace Justice O'Connor.
With hearings on Roberts' nomination scheduled to start next Monday [JURIST report], most Senators hope that a vote on Roberts will take place before the Supreme Court term begins on October 3, but several have called for the production of additional documents. Leading Senate Democrats have said that Roberts' Chief Justice nomination warrants increased scrutiny [JURIST report]. Wednesday's Los Angeles Times has more.





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Florida court upholds ban of Muslim veil in license photo
Alexandria Samuel on September 7, 2005 10:19 AM ET

[JURIST] The Florida Fifth District Court of Appeal [official website] has affirmed [PDF opinion] a lower court's decision to uphold the suspension of a Florida woman's drivers license after she refused to remove a religious veil for her license photo. The ACLU filed the original complaint [text] in 2002 on behalf of Sultaana Freeman, an American Muslim who converted from Christianity to Islam as an adult. Attorneys for Freeman argued that a Florida statute [text] requiring her to remove the hijab, which covered all of her face except her eyes, violated Freeman's First Amendment right to observe her religion. Lawyers for the state contend that the case involved public safety issues and that a driver's license showing a covered face would hinder law enforcement officials. AP has more.






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US resident released from Baghdad prison
Holly Manges Jones on September 7, 2005 10:04 AM ET

[JURIST] Iraqi-born US resident Numan Adnan Al-Kaby was released from a US prison in Baghdad Tuesday, after attorneys from the ACLU [advocacy website] filed a lawsuit calling for his release [JURIST report; ACLU press release] last week. The US government continued to detain Al-Kaby despite a July US military tribunal determination that he was not involved in the mortar attack that led to his arrest. A federal court hearing was scheduled for Thursday to determine why Al-Kaby was not released after the July decision, but the US Department of Justice [official website] filed court papers yesterday to explain that the US military obtained additional information on Al-Kaby, and just completed their investigation last Friday. Upon his release, the US government requested that Al Kaby's complaint [PDF text] be dismissed as moot. One of Al-Kaby's ACLU attorneys said the DOJ's explanation was a "bold-faced lie" and made accusations that other innocent people are being illegally detained in Iraq. Wednesday's Washington Post has more.






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Fraud allegations widespread in Egyptian presidential election
Brandon Smith on September 7, 2005 9:03 AM ET

[JURIST] Egyptians voted in the country's first multi-candidate presidential election [JURIST report] Wednesday amid demonstrations and allegations of fraud. Longtime Egyptian President Hosni Mubarak [official profile; Wikipedia profile], who is expected to win easily, has touted the election as signaling a move towards democracy in the country where he previously retained his position by referendum vote. Thus far, citizens have alleged that election workers inside polls instructed voters to choose Mubarak or promised food for a Mubarak vote. Other reports of election abuses include pickup trucks with loudspeakers calling for people to vote for Mubarak in apparent violation of the ban on campaigning after Sunday. More than 3,000 people marched through downtown Cairo Wednesday, where police watched from a distance despite government vows the day before that protests would not be allowed. On Tuesday, the Egyptian Supreme Administrative Court overturned a decision [JURIST report] allowing rights groups to monitor polling stations and ruled that the Presidential Election Commission's decisions are not subject to judicial review. AP has more.






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Temporary jail set up in New Orleans bus station after Katrina
Jeannie Shawl on September 7, 2005 8:36 AM ET

[JURIST] Suspected looters and others accused of committing crimes in New Orleans in the wake of Hurricane Katrina [JURIST news archive] are now being held at the city's Greyhound bus station, which has been turned into a makeshift jail. Louisiana Attorney General Charles Foti told reporters late last week that a temporary detention facilty was being set up [JURIST report] after the Orleans Parish Prison and other local jails were evacuated. Officers from Louisiana's high-security Angola penitentiary [official website] are guarding the facility while the prisoners wait to be taken to a location where they can stand trial with judges in Baton Rouge via videoconference. Most of the men held at the temporary jail are accused of looting, but others were arrested on more serious charges, including attempted murder and rape. Reuters has more.






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Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.

CONTACT

Paper Chase welcomes comments, tips and URLs from readers. E-mail us at JURIST@jurist.org