Friday, November 08, 2002

SECURITIES AND EXCHANGE COMMISSION...
Pitt defends record as SEC Chair
Outgoing Securities and Exchange Commission Chairman Harvey Pitt defended his record Friday in a speech to the Annual Meeting of the Securities Industry Association in Boca Raton, Florida.
MORE ON JURIST: SEC NEWS
Posted by Bernard Hibbitts at 5:41 PM | #

US DC CIRCUIT COURT OF APPEALS...
FCC cannot require audio descriptions for blind on TV
The US DC Circuit Court of Appeals Friday handed down its ruling in Motion Picture Association of America v. Federal Communications Commission, overturning FCC rules requiring television programs to include aural descriptions of the action on the screen. The decision explained that Congress did not give the FCC the power to order what is known as "video description" when it asked the agency to study the issue of accommodating the blind.
MORE ON JURIST: CASES & STATUTES
Posted by Bernard Hibbitts at 3:53 PM | #

AMNESTY INTERNATIONAL...
Concern expressed over "extra-judicial execution" in Yemen
Amnesty International expressed concern Friday at reports that the six men blown up in a car in Yemen on 3 November were killed allegedly by a missile launched by a CIA-controlled Predator drone aircraft. In a letter to President Bush, Amnesty said "If this was the deliberate killing of suspects in lieu of arrest, in circumstances in which they did not pose an immediate threat, the killings would be extra-judicial executions in violation of international human rights law".
MORE ON JURIST: HUMAN RIGHTS NEWS
Posted by Bernard Hibbitts at 3:40 PM | #

BREAKING NEWS...
UN Security Council approves Iraq Resolution; US reserves right to act alone
[UPDATED]The UN Security Council unanimously approved Resolution 1441 on Friday returning United Nations weapons inspectors to Iraq, offering Baghdad a last chance to comply with its disarmament obligations and recalling previous warnings of “serious consequences” in the event of non-compliance. In his explanation of vote US Permanent Representative John Negroponte welcomed the Resolution and denied that it contained any "automatic trigger" for the use of force, but said if the Security Council failed to act in the face of a breach by Iraq, the Resolution would not constrain any UN member state from acting to defend itself against the Iraqi threat or enforcing UN resolutions to protect world peace and security. Watch a UN video of the Security Council meeting , beginning with the vote. Video of remarks made afterwards to media by Security Council members and UN officials is also available. Learn more about UN arms inspections in Iraq and visit the website of the United Nations Monitoring, Verification and Inspection Commission [UNMOVIC]. President Bush made a statement on the passage of the UN Resolution; read a transcript or watch a video of his comments. UK Prime Minister Blair issued a statement in London [video via BBC]. The International Atomic Energy Agency, which will join UNMOVIC in inspections, welcomed the Resolution and said its inspection team was ready.
MORE ON JURIST: UNITED NATIONS NEWS
Posted by Bernard Hibbitts at 10:50 AM | #

OPINION WATCH...
Judges, snipers, UN Iraq Resolution, initiatives
Friday's Washington Post notes that with a new Republican majority in the Senate, President Bush has a second chance on judicial nominations. The Washington Times approves of Attorney-General John Ashcroft's decision to turn the DC sniper suspects over for first prosecution in Virginia. The Boston Globe says the latest US draft of a UN Iraq Resolution concedes practically every point demanded by France and Russia and shows that the US is no longer behaving unilaterally. In the wake of the midterm elections, the Christian Science Monitor thinks more states should allow citizens to initiate ballot initiatives.
Posted by Bernard Hibbitts at 8:24 AM | #

THIS DAY IN LEGAL HISTORY...
Oregon assisted-suicide law approved
On this day in 1994, Oregon passed the Death With Dignity Act by voter initiative, becoming the first US state to legalize physician-assisted suicide. Read the Death With Dignity Act, visit the Oregon Death With Dignity Center website and review a guide to websites and literature on doctor-assisted suicide from Virginia's Longwood University. For recent developments, see Professor Valerie J. Vollmar's Physician-Assisted Suicide website at Willamette University College of Law.
Posted by Bernard Hibbitts at 6:30 AM | #

Thursday, November 07, 2002

US DOJ...
Ashcroft turns DC sniper suspects over to Virginia for first prosecution
US Attorney General John Ashcroft announced at a press conference Thursday that he was directing the US Marshalls Service to hand over DC sniper suspect John Allan Muhammad to Prince William County, Virginia, to face charges for capital murder, conspiracy to commit murder, and using a firearm in the commission of murder. Muhammad could face the death penalty if convicted of those crimes in that jurisdiction. The Attorney General also announced that he was ordering John Malvo to be transfered to Fairfax County, Virginia, to face charges of capital murder and using a firearm in the commission of murder. If convicted as an adult, Malvo too could face the death penalty. Read the press conference transcript or watch the video via C-SPAN .
MORE ON JURIST: DC SNIPER NEWS
Posted by Bernard Hibbitts at 8:22 PM | #

WHITE HOUSE...
President discusses legislative priorities, Iraq, Pitt, judicial nominations
President Bush discussed his legislative priorities for the next Congress, the new US draft resolution on Iraq now before the Security Council, the resignation of SEC Chairman Harvey Pitt and reform of the federal judicial nomination process at a White House press conference Thursday afternoon. Read the transcript from the White House.
Posted by Bernard Hibbitts at 4:09 PM | #

UNITED NATIONS...
Iraq consultations continue
The UN Security Council continued closed-door discussions Thursday on the latest Iraq draft resolution[PDF] presented by the United States and the United Kingdom. Participants in the discussions offered progress reports at the end of Wednesday's meetings.
MORE ON JURIST: UNITED NATIONS NEWS
Posted by Bernard Hibbitts at 11:33 AM | #

SENATE JUDICIARY COMMITTEE...
More disagreements on judicial appointments ahead
In a statement Wednesday on the pending shift of majority control of the Senate and the Senate Judiciary Committee to the Republicans, outgoing Senate Judiciary Chairman Patrick Leahy said that the Democrats had used their majority well by "restoring steadiness to the judicial nominations process," but cautioned that in the next session "there will continue to be disagreements over nominees who are chosen primarily for their ideology and not for their independence."
MORE ON JURIST: JUDGES NEWS
Posted by Bernard Hibbitts at 11:25 AM | #

OPINION WATCH...
Harvey Pitt, video confessions
Thursday's New York Times says that Harvey Pitt's tenure as Chairman of the Securities and Exchange Commission was nothing short of disastrous. In the LA Times, Henry Schieff argues that greater use of videotape to record confessions would make the criminal justice system more transparent.
Posted by Bernard Hibbitts at 8:26 AM | #

SUPREME COURT WATCH...
Colburn execution stayed at the last minute
The US Supreme Court issued a last-minute stay of execution Wednesday evening in the case of James Colburn, a paranoid schizophrenic who was scheduled to be put to death by letal injection in Texas for the 1994 stabbing and strangulation of Peggy Louise Murphy. Details from UPI (the actual Order is not yet available online). The stay came as the Court decided whether to hear new arguments put forward by Colburn's lawyers seeking review of his case, which had initially been turned down by the Justices in an Order[PDF] issued Tuesday.
MORE ON JURIST: SUPREME COURT NEWS
Posted by Bernard Hibbitts at 7:08 AM | #

STATE DEPARTMENT...
Virginia execution of Pakistani could prompt reprisals
The State Department issued a Worldwide Caution to US citizens late Wednesday, warning of possible retaliatory attacks against American interests overseas connected with the scheduled November 14 execution in Virginia of Mir Ahmad Kasi, a Pakistani national convicted in 1997 of the 1993 murders of two CIA employees.
MORE ON JURIST: TERRORISM NEWS
Posted by Bernard Hibbitts at 6:57 AM | #

THIS DAY IN LEGAL HISTORY...
War Powers Act passed
Overriding President Nixon's veto, Congress passed the War Powers Act on this day in 1973. Read the War Powers Act and watch a seminar on Congress and the War Power: Constitutional Anchor or Anachronism? recorded at the Woodrow Wilson International Center for Scholars on October 15, 2001.
Posted by Bernard Hibbitts at 6:30 AM | #

Wednesday, November 06, 2002

UK COURT OF APPEAL...
United Kingdom not required to intervene in British Taliban's case
The Court of Appeal in London ruled Wednesday in The Queen on the application of Abbasi & Anor. that the United Kingdom Government could not be forced to intervene in the case of a British Taliban suspect being held without trial at the US military base in Guantanamo, Cuba. Lord Phillips, the Master of the Rolls, nonetheless said it was "objectionable" that Feroz Ali Abbasi, captured by US forces in Afghanistan, was being indefinitely detained by the United States with no recourse to any court or tribunal. Amnesty International responded to the ruling by calling on the UK Government to take action to protect the rights of its nationals in US custody.
MORE ON JURIST: WAR DETAINEES NEWS
Posted by Bernard Hibbitts at 7:32 PM | #

ELECTION WATCH...
State Supreme Court results
A full state-by-state breakdown of results in state Supreme Court elections is now online.
MORE ON JURIST: ELECTION 2002 NEWS Posted by Bernard Hibbitts at 2:53 PM | #

ELECTION WATCH...
Ballot measures passed/rejected
A full state-by-state list of 2002 ballot measures passed and rejected Tuesday is now available. A comprehensive post-election report[PDF] with analysis and percentage breakdowns is also online. The National Conference of State Legislatures provides links to the latest news stories on ballot measure votes across the country.
MORE ON JURIST: ELECTION 2002 NEWS
Posted by Bernard Hibbitts at 2:24 PM | #

CAPITOL WATCH...
Campaign finance law: soft money ban takes effect
Wednesday marks the first day in force for the ban on "soft money" donations to political parties under the Bipartisan Campaign Reform Act of 2002 [summary available from the Brookings Institute]. The Act is currently the subject of litigation - see, for instance, a complaint[PDF] filed in May, 2002 by the Republican National Committee. See generally Constitutional and Legal Issues of Soft Money (Congressional Research Service, 2001).
MORE ON JURIST: CAMPAIGN FINANCE NEWS
Posted by Bernard Hibbitts at 2:03 PM | #

US 9TH CIRCUIT COURT OF APPEALS...
"Three strikes" sentence upheld
The US Ninth Circuit Court of Appeals upheld California's controversial "3 strikes" sentencing statute Tuesday in Holgerson v. Knowles[PDF] on the same day that US Supreme Court Justices appeared to approve of it in comments and questions from the bench during oral arguments in Lockyer v. Andrade and Ewing v. California. The 9th Circuit upheld Holgerson's sentence of 25 years to life after he was convicted of stealing $63, some ice cream, tortilla chips and coffee from a Hillsborough, California home in the wake of two felony convictions in another state.
MORE ON JURIST: CASES & STATUTES
Posted by Bernard Hibbitts at 12:47 PM | #

UNITED NATIONS...
Security Council discusses latest Iraq draft resolution
The UN Security Council meets behind closed doors Wednesday to discuss the latest US draft resolution on Iraq, presented to the body earlier today.
MORE ON JURIST: UNITED NATIONS NEWS
Posted by Bernard Hibbitts at 12:17 PM | #

WAR CRIMES COURT - YUGOSLAVIA...
New judge appointed
In a press release issued Tuesday, the International Criminal Tribunal for the Former Yugoslavia announced that Judge Carmen Maria Argibay of Argentina has been appointed as an ad litem Judge to replace Judge Fassi Fihri of Morocco who was unable to continue at the ICTY for health reasons.
MORE ON JURIST: WAR CRIMES NEWS
Posted by Bernard Hibbitts at 12:12 PM | #

SUPREME COURT WATCH...
Oral argument transcripts
Oral argument transcripts of US Supreme Court cases argued between October 7 and October 16, 2002 - including Eldred v. Ashcroft[PDF] and Miller-El v. Cockrell[PDF] - are now on the US Supreme Court website.
MORE ON JURIST: US SUPREME COURT
Posted by Bernard Hibbitts at 12:03 PM | #

OPINION WATCH...
Supreme Court, Microsoft, campaign finance, SEC, international law
Wednesday's New York Times says that in a case being heard today, the US Supreme Court should prevent the execution of Abu-Ali Abdur Rahman, sentenced to death because his lawyers "failed to introduce evidence that would probably have gotten him a lesser punishment." The Washington Post says that Friday's judicial approval of most of the Microsoft settlement shouldn't mean the end of oversight. USA Today says that new campaign finance legislation which takes effect from today will fail unless the Federal Election Commissions stops being an enabler of circumvention and instead becomes an enforcer. The LA Times says that President Bush needs to move quickly to restore the Securities and Exchange Commission's "tattered credibility" in the wake of Chairman Harvey Pitt's resignation under pressure. The Christian Science Monitor says that the CIA missile killing of an Al Qaeda leader in Yemen calls for a revisiting of the rules of pre-emption and self-defense in international law.
Posted by Bernard Hibbitts at 11:26 AM | #

LIVE EVENT...
SEC hearing on lawyers' professional standards
The Securities and Exchange Commission holds a public hearing to consider a proposed rule establishing standards of professional conduct for attorneys who appear and practice before the Commission in any way in the representation of issuers. Review the agenda.
MORE ON JURIST: SEC NEWS
Posted by Bernard Hibbitts at 10:00 AM | #

ELECTION WATCH...
Ballot measures
[UPDATED]Voters in Nevada, Arizona and Ohio refused to reduce or eliminate penalties for marijuana possession, Floridians passed a statewide smoking ban, Nevadans reinforced a ban on gay marriages and Tennesseeans amended their constitution to allow statewide lotteries in initiatives and referenda decided Tuesday. AP offers a summary of results from controversial ballot measures proposed in a variety of states. CNN provides a chart of key questions and outcomes.
MORE ON JURIST: ELECTION 2002 NEWS
Posted by Bernard Hibbitts at 8:40 AM | #

ELECTION WATCH...
State supreme court races
Republicans held the Texas Supreme Court, strengthened their hold on the North Carolina Supreme Court and appear to have taken control of the Ohio Supreme Court in Tuesday's major judicial races. Press reports cover the returns in Supreme Court races from these states:

• Alabama
  
• Minnesota
  
• Mississippi
  
• Montana
  
• North Carolina
  
• Ohio
  
• Texas
  
• Washington

MORE ON JURIST: ELECTION 2002 NEWS

ELECTION WATCH...
GOP rules Senate and House
[UPDATED]Republicans retook control of the Senate and maintained control of the House in mid-term elections Tuesday. According to the latest returns from state Secretary of State and Election Commission offices available Wednesday morning, big Republican winners in the Senate were:

• Norm Coleman (Minnesota) [latest returns]
• Jim Talent (Missouri) [latest returns]
• Elizabeth Dole (North Carolina) [latest returns]
• Lindsey Graham (South Carolina) [latest returns]

The Senate race in South Dakota between John Thune(R) and Tim Johnson(D) is still too close to call [latest returns]. In Governors races, Jeb Bush won in Florida [latest returns] and Democrat Gray Davis won in California [latest returns].
MORE ON JURIST: ELECTION 2002 NEWS

SUPREME COURT WATCH...
Today's docket
The US Supreme Court hears oral arguments Wednesday in these cases:

• Norfolk & Western Railway Co. v. Ayers [emotional distress damages, asbestos cancer fears, Federal Employers' Liability Act]. Read the case summary from Northwestern; docket entry from SCOTUS; briefs from FindLaw.
  
• Abdur'Rahman v. Bell [capital case, ineffective counsel, habeas corpus]. Read the case summary from Northwestern; docket entry from SCOTUS; briefs from FindLaw.

See also case analyses by DC appellate attorney and Supreme Court observer Sam Feldman, who predicts that the Supreme Court will reverse Norfolk & Western and reverse Abdur'Rahman.
MORE ON JURIST: US SUPREME COURT NEWS

THIS DAY IN LEGAL HISTORY...
Attack on Colombian Palace of Justice
Guerillas linked to the Medellin drug cartel seized the Colombian Palace of Justice on this day in 1985. Government forces stormed the building the next day. The battle took the lives of 106 people, including 11 Justices of the Colombian Supreme Court. Many court documents were also destroyed, including all pending extradition requests. Visit the Supreme Court of Columbia website (in Spanish), which lists the names of the Justices killed in this and other guerilla attacks.
Posted by Bernard Hibbitts at 6:30 AM | #

Tuesday, November 05, 2002

ELECTION WATCH...
State returns
Review unofficial returns in key races as compiled by Secretary of State and Election Commission offices in these states:

• Arkansas [US Senate returns]
• California [Governor returns]
• Florida [Governor returns]
• Louisiana [US Senate returns]
• Minnesota [US Senate returns]
• Missouri [US Senate returns]
• New Jersey [US Senate returns]
• North Carolina [US Senate returns]
• South Carolina [US Senate returns]
• South Dakota [US Senate returns]

All these sites are updated every few minutes; reload the returns pages for the latest totals.
MORE ON JURIST: ELECTION 2002 NEWS

BREAKING NEWS...
Securities and Exchange Commission Chairman Pitt resigns
[UPDATED]CNN is reporting that President Bush has accepted the resignation of embattled Securities and Exchange Commission Chairman Harvey Pitt. Details from AP, which is also distributing a transcript of Pitt's resignation letter.
MORE ON JURIST: SEC NEWS
Posted by Bernard Hibbitts at 9:09 PM | #

ELECTION WATCH...
Live coverage - key races
JURIST provides special coverage of Election 2002, featuring bulletins from major news organizations and breaking stories from hundreds of local papers and broadcast outlets. Readers can also follow Tuesday evening's returns online in real time on CNN, and get continuing live coverage on MSNBC in video or NPR in audio. Watch or listen to local coverage of key races on MPR (Minnesota), NJN (New Jersey) and WGCU (Florida). C-SPAN also offers coverage from various local media outlets across the country.
MORE ON JURIST: ELECTION 2002 NEWS
Posted by Bernard Hibbitts at 7:56 PM | #

MOUSSAOUI TRIAL...
Judge orders US to provide Moussaoui with Binalshibh video
US District Judge Leonie M. Brinkema issued an Order[PDF] Tuesday directing that the US provide terrorist suspect Zacarias Moussaoui with a good videotape copy of an Al Jazeera-TV interview with now-arrested Al Qaeda operative Ramzi Binalshibh after the tape it originally offered was found to be blank. Judge Brinkema refused to unseal Moussaoui's original motion, however, saying that it was "replete with irrelevant and inflammatory rhetoric, including messages to third parties and a prayer for the destruction of the United States."
MORE ON JURIST: MOUSSAOUI TRIAL NEWS
Posted by Bernard Hibbitts at 7:43 PM | #

ELECTION WATCH...
Candidate websites
Electiondb.com offers a timely guide to websites produced and maintained for candidates seeking federal and state office in the 2002 midterm election. Web highlights include

• Norm Coleman and Walter Mondale [US Senate; Minnesota]
• Jean Carnahan and Jim Talent [US Senate; Missouri]
• Doug Forrester and Frank Lautenberg [US Senate; New Jersey]
• Erskine Bowles and Elizabeth Dole [US Senate; North Carolina]
• Lindsey Graham and Alex Saunders [US Senate; South Carolina]
• Tim Johnson and John Thune [US Senate; South Dakota]
• Gray Davis and Bill Simon [Governor; California]
• Jeb Bush and Bill McBride [Governor; Florida]

MORE ON JURIST: ELECTION 2002 NEWS

ELECTION WATCH...
Protecting voter rights and preventing election fraud
The US Department of Justice released a Fact Sheet Tuesday providing information and contact numbers for members of the public having complaints about access to the polls, voter intimidation and/or vote fraud. The Democratic National Committee issued a press release Monday accusing the Republican Party of intimidating voters across the country.
MORE ON JURIST: ELECTION 2002 NEWS
Posted by Bernard Hibbitts at 3:09 PM | #

SUPREME COURT WATCH...
Rulings in trucking fees, removal jurisdiction cases
The US Supreme Court ruled Tuesday in the following cases:

• Yellow Transportation Co. v. Michigan [trucking fees; Opinion per O'Connor, reversing and remanding to the Michigan Supreme Court] and;
• Syngenta Crop Protection Inc. v. Henson [removal jurisdiction, All Writs Act; Opinion per Rehnquist, affirming the US Eleventh Circuit Court of Appeals]

MORE ON JURIST: US SUPREME COURT

ELECTION WATCH...
Ballot questions
Voters in 38 states vote on 202 state constitutional amendments, propositions, initiatives and other ballot questions Tuesday. Review the full list of state ballot questions and consult a map identifying ballot initiatives and referenda in particular states. Review hot 2002 ballot measure campaigns on education, election reform, taxes and transportation via the National Conference of State Legislatures' Initiatives & Referendum website, and on labor reform, environmental issues, health care, and drug policy reform via Ballot.org.
MORE ON JURIST: ELECTION 2002 NEWS
Posted by Bernard Hibbitts at 11:13 AM | #

ELECTION WATCH...
State Supreme Court contests
Voters in 25 states elect Supreme Court judges Tuesday. Review the full roster of Supreme Court races and candidates. For more information on races in specific states, see state bar association voter guides. The Texas Supreme Court race is particularly worth watching, as Democrats could take control of the Court from Republicans. Review the slate of Texas judicial candidates, complete with links to their campaign websites, posted by the Texas Secretary of State. The Ohio Supreme Court race is also hot - read reports and watch video interviews with the candidates from the Cincinnati Enquirer. The Brennan Center for Justice at New York University Law School has monitored TV advertising for 2002 state Supreme Court elections. Information on financing of the 2002 state judicial races is available from the Justice at Stake Campaign.
MORE ON JURIST: ELECTION 2002 NEWS
Posted by Bernard Hibbitts at 10:24 AM | #

OPINION WATCH...
Microsoft, "three strikes", Election Day, judges
Tuesday's New York Times says that Microsoft would be well-advised to abide by the spirit, and not just the letter, of the antitrust settlement approved Friday (also looking at the settlement, USA Today says that although it looks like a big win for Microsoft, consumers need not lose). Turning to a case being argued today before the US Supreme Court, the Times calls for the Justices to overturn California's "three strikes" sentencing law and the "unjust" sentence given to Leandro Andrade. In the Washington Post, E.J. Dionne says that the biggest thing to worry about this Election Day is discouragement of minority voters and vote fraud. The Washington Times says that although lawyers have become a new weapon in the political parties' election arsenal since November 2000, courts would be wise to narrowly construe challenges to election results. The Christian Science Monitor says that President Bush's plan for a timetable to select judges would speed justice.
Posted by Bernard Hibbitts at 9:46 AM | #

EUROPEAN COURT OF JUSTICE...
EU "open skies" deals with US struck down
In a series of decisions that could have critical implications for trans-Atlantic air transportation, the European Court of Justice ruled Tuesday that eight EU states acted illegally when they signed bilateral "open skies" deals with the United States that offered advantages to their national flag carriers. The Court said that the deals infringed on the power of the European Commission to regulate and negotiate air transport accords with non-EU nations, and that they discriminated against airlines in EU states that had not signed such deals. Read the rulings against the United Kingdom, Denmark, Sweden, Finland, Belgium, Luxembourg, Austria, and Germany.
MORE ON JURIST: EUROPEAN UNION NEWS
Posted by Bernard Hibbitts at 9:02 AM | #

SUPREME COURT WATCH...
Today's docket
The US Supreme Court hears oral arguments Tuesday in two closely-related cases:

• Lockyer v. Andrade [sentencing, "three strikes" laws, 8th amendment]. Read the case summary from Northwestern; docket entry from SCOTUS; briefs from FindLaw.
  
• Ewing v. California [sentencing, "three strikes" laws, 8th amendment]. Read the case summary from Northwestern; docket entry from SCOTUS; briefs from FindLaw.

See also case analyses by DC appellate attorney and Supreme Court observer Sam Feldman, who predicts that the Supreme Court will reverse Andrade and affirm Ewing.
MORE ON JURIST: US SUPREME COURT NEWS

THIS DAY IN LEGAL HISTORY...
Susan B. Anthony voted illegally in a federal election
Susan B. Anthony illegally cast her vote in a New York election on this day in 1872. Read the indictment brought against her and the transcript of her address to the jury, plus JURIST's trial analysis from Professor Douglas Linder of the University of Missouri-Kansas City School of Law. Anthony was fined $100 after a directed verdict.
Posted by Bernard Hibbitts at 6:30 AM | #

Monday, November 04, 2002

SUPREME COURT WATCH...
Additional cert.(?)
[UPDATED]The Associated Press carried a report late Monday that the Supreme Court had agreed to consider whether mentally-ill dentist Charles Sell could legally be forced to take anti-psychotic drugs to make him well enough to stand trial for Medicaid fraud and plotting to kill an FBI agent. Unfortunately, the case (Sell v. U.S., 02-5664; materials and lower court ruling available from the Association of American Physicians and Surgeons) does not appear on Monday's official Order List[PDF] and is still registered in the online Supreme Court docket as "Pending." For unknown reasons, the certiorari grant was issued as a Miscellaneous Order late Monday.
MORE ON JURIST: US SUPREME COURT NEWS
Posted by Bernard Hibbitts at 6:10 PM | #

RUSSIAN MFA PRESS RELEASE...
Tone of American "Russian Democracy Act" criticized
In an unusually-blunt comment on American legislation, the Russian Ministry of Foreign Affairs said Monday that the "mentor's tone" of the recently-passed Russian Democracy Act signed into law by President Bush on October 23 (with some reservations) borders on "interference in our internal affairs." Read the full MFA press release.
Posted by Bernard Hibbitts at 4:12 PM | #

ICTY PRESS RELEASE...
Milosevic trial adjourned for medical reasons
The International Criminal Tribunal for the Former Yugoslavia announced Monday that on Tuesday and Wednesday of this week there would be no trial proceedings in the case against Slobodan Milosevic due to medical reasons. See the ICTY press release. Early this summer, a medical report requested by the Tribunal said that the former Yugoslav President was at severe risk from heart problems.
MORE ON JURIST: MILOSEVIC TRIAL
Posted by Bernard Hibbitts at 3:05 PM | #

WHITE HOUSE STATEMENT...
President Bush signs DOJ Appropriations Authorization Act
The White House announced Monday that President Bush has signed into law H.R. 2215[PDF], the "21st Century Department of Justice Appropriations Authorization Act," establishing oversight rules for certain federal law enforcement activities and authorizing appropriations for the Department of Justice. Read the statement by the President and see a summary of legislation highlights from Senate Judiciary Committee Chairman Patrick Leahy.
MORE ON JURIST: US DEPARTMENT OF JUSTICE NEWS
Posted by Bernard Hibbitts at 2:55 PM | #

US DOJ PRESS RELEASE...
Election observers going to 14 states
The US Department of Justice announced Monday that it will send 324 federal observers and 108 Justice Department personnel to 26 counties in 14 states to monitor the general election on Tuesday, November 5, 2002. Read the DOJ press release.
MORE ON JURIST: US DEPARTMENT OF JUSTICE NEWS
Posted by Bernard Hibbitts at 2:33 PM | #

SUPREME COURT WATCH...
Court rules on two murder cases, reverses immigration asylum decision
The US Supreme Court overturned lower court rulings in two murder cases Monday. Read Woodford v. Visciotti [federal habeas review] and Early v. Packer [jury coercion]. The Court also summarily reversed an immigration asylum case, holding that instead of ruling on it themselves, the US Ninth Circuit Court of Appeals should have sent back to US immigration officials the case of an Guatemalan who disputed an initial decision to deny him asylum for alleged political persecution - read INS v. Ventura [remand].
MORE ON JURIST: US SUPREME COURT NEWS
Posted by Bernard Hibbitts at 2:25 PM | #

AMNESTY INTERNATIONAL REPORT...
Israeli army accused of war crimes in Occupied Territories
In a report issued Monday, Amnesty International said the Israeli Defense Forces committed war crimes in Jenin and Nablus earlier this year during Operation Defensive Shield. Read Shielded From Scrutiny: IDF Violations in Jenin and Nablus [a summary is also available].
MORE ON JURIST: WORLD LAW: ISRAEL
Posted by Bernard Hibbitts at 1:03 PM | #

SUPREME COURT WATCH...
Certs granted; expedited hearing of U. Mich. case denied
The US Supreme Court granted certiorari Monday in five cases:

• 01-1806, Ryan v. Telemarketing Assocs. [charitable solicitations]. Read the Illinois Supreme Court ruling appealed from.
  
• 02-69, Roell v. Withrow [pre-trial consent]. Read the US Fifth Circuit Court of Appeals ruling appealed from.
  
• 02-271, Dow Chemical Co. v. Stephenson [Agent Orange; class actions]. Read the US Second Circuit Court of Appeals ruling appealed from.
  
• 01-10873, Nguyen v. United States [admissibility of evidence]. Read the US Ninth Circuit Court of Appeals ruling[PDF] appealed from.
  
• 02-5034, Phan v. United States [admissibility of evidence]. Read the US Ninth Circuit Court of Appeals ruling[PDF] appealed from.

Also on Monday, the Court denied a petition to expedite one of the University of Michigan admissions lawsuit cases before a ruling by the US Sixth Circuit Court of Appeals. The full official Order List[PDF] is now available.
MORE ON JURIST: US SUPREME COURT

OPINION WATCH...
Campaign finance, SEC, lawsuits, Microsoft, and Europe
Monday's New York Times says that the new campaign finance reform law, taking effect the morning after Election Day, comes not a moment too soon. USA Today writes that Harvey Pitt