In Tuesday's Congressional news, Senate leaders announced that they will seek to address a looming trade crisis with the European Union. According to the Dow Jones News Service, the EU plans to begin imposing a five percent duty next week on certain US exports in response to tax relief currently given to American exporters including Boeing Co. and Caterpillar, Inc., allegedly in violation of World Trade Organization rules against export subsidies. At issue is the Extraterritorial Income Exclusion [PDF] enacted in 2000. Technical explanations and case decisions involving the tax provision are available here. The duty, which could reach $315 million by the end of the year, was approved last summer by the WTO and represents the first such action by that body against the United States. While the EU has invited Congressional action to avoid a trade dispute, it remains unclear what actions may be taken or whether they will be taken in time to avoid the EU tariff. Bloomberg has more. A press briefing by US Trade Representative Robert B. Zoellick this week in Geneva sets forth current US efforts to avoid an international trade dispute.... Speaking to the Senate Banking Committee, Federal Reserve Chairman Alan Greenspan today expressed concern over $1.6 trillion in debt held by Fannie Mae and Freddie Mac, according to the New York Times. According to Greenspan, creditors to the two government-sponsored mortgage holders have loaned money at below-market rates on the assumption that the entities are backed by the full faith and credit of the US government, thus creating an "implied subsidy."

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Here's Tuesday's legal news from the US Department of Justice. AP reports that FBI Director Robert Mueller and CIA Director George Tenet outlined the world terror threat to the Senate Intelligence Committee on Tuesday. The main message was that although the al-Qaida network is seriously damaged, it has spread its anti-American agenda to other extremist groups that now present the greatest threat to our country.... The Justice Department has written to California Governor Arnold Schwarzenegger concerning various civil rights violations at a California mental hospital. The letter, drafted by R. Alexander Acosta, Assistant Attorney General for the Civil Rights Division, recalls the findings of an investigation which uncovered many deficiencies, including violations of patients' First Amendment rights. This is the Justice Department's second letter regarding unconstitutional findings to the institution. Read the DOJ press release.

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In Tuesday's federal courts roundup, the US First Circuit Court of Appeals has blocked elections in 17 Boston districts as currently drawn. The three judge panel ruled that a map approved by lawmakers in 2001 deprives black voters of rights guaranteed under the federal Voting Rights Act by packing black voters into as few districts as possible. Lawmakers have been given six weeks to submit a new map, or the court will take up the task itself. AP has the full story.... The US Third Circuit Court of Appeals ruled Tuesday that the "Got Milk" ad campaign violates the free speech rights of farmers forced to pay for the ads. AP reports that the court held that the government's interest in promoting the dairy industry was not substantial enough to allow infringement of free speech rights. Read the opinion here [PDF].... The US Supreme Court heard arguments today on whether the death sentence of a Pennsylvania man should be overturned because of confusing jury instructions. AP reports that George E. Banks, who killed 13 people, was sentenced to death in 1983. The case turns on whether a 1988 Supreme Court ruling should be applied retroactively to Banks. The outcome may affect as many as 30 or more other death penalty convictions.

In international law news Tuesday, Canada's foreign minister has written a letter to the US and the other G-8 nations asking them to promote the idea of a treaty banning weapons in outer space at the UN Conference on Disarmament. Today's Toronto Globe and Mail has the full story. Read more on Canada's position on arms control in outer space.... As previously reported on JURIST's Paper Chase, the International Court of Justice continued its hearings on the legality of Israel's security fence today. Read the uncorrected transcript [PDF] of Tuesday's morning session; yesterday's transcripts can be read here. Archived video of the hearings is here. AP has more on Tuesday's proceedings at The Hague. Also see this earlier Paper Chase report on Israel's reaction to the ICJ hearings.... Japan has announced that it will sign the Framework Convention on Tobacco Control, which addresses issues relating to tobacco advertising and promotion, agricultural diversification, smuggling, taxes and subsidies. Currently, the convention has been ratified by nine countries; the convention will take effect following ratification by 40 countries. The Japan Times has the full story. The World Health Organization has this primer [PDF] on the Convention.... The Rotterdam Convention, which establishes voluntary prior informed consent procedures that enable countries to determine which potentially dangerous chemicals they want to import or exclude, became legally binding on its parties Tuesday. The UN News Service has more.... In a speech to UN diplomats and staff, UN Under-Secretary-General Hans Corell has said that despite impressive advances in the body of international law, some states' violations of international law are "intentional and committed with contempt." The UN News Service has more.

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In Tuesday's tax law news, the US Supreme Court today denied cert in Franchise Tax Board v. Farmer Bros, a California state tax case. The decision by the 2nd Circuit State Court of Appeals struck down a provision in California's state tax code allowing corporate dividend deductions derived from previously state taxed income. The state court ruled that the provision violated the US Constitution's commerce clause as a restriction on interstate trade. The Sacremento Bee has more. AP reports here that the decision as it now stands could cost California $650 million over the next 5 years in tax revenue.

In Tuesday's criminal law and punishment news, DemocratandChronicle.com reports that the New York Court of Appeals, the state's highest court, has overturned the death sentence of Angel Mateo. The court held that Mateo's due process rights were violated because the capital laws in place during his trial limited the risk of execution to defendants who chose to go to trial. The laws prevented the state from executing defendants who pleaded guilty. Read today's opinion here [PDF].... The United States Supreme Court held today that law enforcement officers who prepare and execute invalid search warrants may be held civilly liable and ordered to pay damages, according to Reuters. Today's opinion can be found here [PDF].... Lastly, check out two stories posted earlier today on JURIST's Paper Chase: US Supreme Court overturns death sentence of Texas inmate and Two Guantanamo detainees charged with conspiracy to commit war crimes.

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In environmental news for Tuesday, the New York Times reports that the Bush administration's push for a market-based plan [PDF] in reducing mercury emissions from coal-burning power plants has come under fire in recent days as the EPA prepares to conduct hearings to draw up regulations. The plan, which is intended to drop overall mercury emissions by allowing industries to buy and sell emissions rights has been brought into question due to concerns that certain geographical areas could be exposed to extremely high levels of mercury. Currently, mercury emissions are not governed by federal law, in spite of attempts by the Clinton administration to classify the chemical as a hazardous pollutant under the Clean Air Act (CAA). President Bush's proposal would allow for a classification under the CAA that is not as strictly regulated as other hazardous materials. The Philadelphia Inquirer notes that 12 Eastern states, including Pennsylvania and New Jersey, have refused to accept the plan due to fears of the concentrated mercury emissions known as "hot spots." As it stands, Pennsylvania and New Jersey are considered to be "hotter" than most regions, which has prompted New Jersey to go ahead with its own stricter plan [PDF].... In other news, the EPA has announced that Wisconsin needs to restructure its Clean Air Act Title 5 program which requires permits for all major sources of pollution. The deficiencies include a lack of funding for the Title 5 program as well as failing to adequately ensure that all permit conditions are federally enforceable. The notice will soon be published in the Federal Register. US Newswire has more.

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In Tuesday's law school news, the J. Reuben Clark Law School at Brigham Young University has named Professor Kevin Worthen as its new dean, effective at the end of May. A summa cum laude graduate of the law school and former clerk to Justice Byron White, Worthen has devoted much of his scholarship and practice to issues in American Indian law. BYU's NewsNet service offers the full story on his appointment here.

Elsewhere, the Emory Wheel reports today on "The Future of Tort Reform," a symposium held last Thursday at the Emory University School of Law. Scholars there disagreed on, among other things, the competency of juries to set damage awards. The symposium was a timely one, as the Georgia state legislature is currently debating a bill that would cap such awards in malpractice suits at $250,000. Read the Wheel's full report here.

In Tuesday's civil rights news, the Michigan House of Representatives Family and Children's Services Committee today unanimously approved a resolution that would amend the Michigan state constitution's definition of marriage to only include unions of a man and a woman. Two thirds of the House and the Senate must approve the amendment, and then it must be voted into law. While the Michigan law already defines marriage as a union between a woman and a man, Republican Sen. Alan Cropsey says a constitutional amendment will prevent legal challenges. The ACLU of Michigan says the measure is unconstitutional because "it treats one group differently than another". AP has more.... In related news, Pennsylvania Reublican Rep. Jerry Birmelin will introduce legislation into the state House of Representatives that would not only define marriage as only being between a man and a woman, but would also prohibit gay adoptions and the extension of employee benefits to domestic partners of state employees. The Penn State Collegian has more.

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AP is reporting that Martha Stewart's lawyer, Robert Morvillo, said Tuesday that Martha Stewart will not take the stand in her own defense at her stock trading trial wrapping up in Manhattan. Morvillo is calling just one witness Wednesday morning - a lawyer who was with Stewart when she met with investigators in 2002 - before the defense rests its case. AP has more

The US State Department Tuesday delayed a planned lifting of the travel ban on US citizens visiting Libya after Libyan Prime Minister Shukri Ghanem denied that Libya was responsible for the 1988 bombing of Pan Am 103 over Lockerbie, Scotland, and instead insisted that Libya had paid compensation in order to "buy peace", not as a reflection of guilt. State Department spokesman Richard Boucher said that "It's the responsibility of the Libyan Government to retract statements that contradict what they've officially and authoritatively told the United Nations in writing and on which basis the United Nations Security Council acted." Review the full transcript of today's State Department briefing. Read a copy of Libya's August 2003 letter to the UN Security Council accepting responsibility for the Lockerbie bombing here. Prime Minister Ghamen spoke on BBC's Today radio program this morning about the Lockerbie case and about a 1984 shooting of a British police officer in London that was supposedly done by someone from inside the Libyan Embassy building, an action which he also said could not be attributed to Libya. Listen here. BBC News has more.

A US District Court judge Tuesday allowed the government to continue with a claim that tobacco companies conspired to entice children to smoke through aggressive marketing techniques. The claim is part of a $289 billion Justice Department lawsuit against the industry. The tobacco companies say the advertising in question is freely protected under the first amendment. AP has more.

In Tuesday's corporations and securities law news, New York Attorney General Eliot Spitzer and the SEC have filed suit in federal court in Boston against FleetBoston Financial Corp.'s two mutual fund subsidiaries - Columbia Management Advisors Inc. and Columbia Funds Distributor Inc. The suit claims that the fund companies allowed short-term trading by large investors at the expense of more traditional, long-term investors over a five-year period. Read the complaint of the state of New York here [PDF]. Read the Spitzer press release here. Read the SEC press release announcing the action here. Click for more on the ongoing mutual fund scandal here. AP has more.... Goldman Sachs & Co., parent company of Spear Leeds & Kellogg Specialists, one of the biggest trading firms on the NYSE, has announced that the company will pay $45.5 million as part of a settlement with regulators of alleged trading abuses to avoid civil charges. Reuters has more.... Patrick Quinlan Sr., the former executive of failed mortgage company, MCA Financial Corp., has pleaded guilty to charges of conspiracy to commit fraud and lying in corporate statements which ultimately cost investors more than $250 million. AP has more.... The acquisition of John Hancock Financial Services Inc. by Canada's Manulife Financial Corp., which will create the second-largest North American life insurer has been approved by Hancock shareholders. Read the Manulife press release about the approval of the merger here. Bloomberg.com has more.... Parmalat's US dairy operations, who filed for bankruptcy after milk suppliers cut off the company for not being paid, plans to put all its US milk businesses up for sale. Read the Parmalat press release here[PDF]. Reuters has more.

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The documents detailed the specific charges laid against alleged al Qaida members Ali Hamza Ahmed Sulayman al Bahlul of Yemen and Ibrahim Ahmed Mahmoud al Qosi of Sudan are now available online from the Pentagon. Review the charges against al Bahlul and the charges against al Qosi.

Two detainees at the US detention camp at Guantanamo Bay, Cuba, have been charged with conspiracy to commit war crimes. The two alleged former bodyguards and aides to Osama bin Laden will be the first to be tried by US military commission. The Defense Department has released the following statement:

Guantanamo detainees Ali Hamza Ahmed Sulayman al Bahlul of Yemen and Ibrahim Ahmed Mahmoud al Qosi of Sudan have been charged with conspiracy to commit war crimes and will be tried by military commission.

Al Bahlul is alleged to be a key al Qaida propagandist who produced videos glorifying the murder of Americans to recruit, inspire, and motivate other al Qaida members to continue attacks against Americans, the United States, and other countries, as well as serving as a bodyguard for Usama bin Laden. Al Qosi is alleged to be a key al Qaida accountant, bin Laden bodyguard, and weapons smuggler. He is alleged to be a long-time assistant and associate of bin Laden, dating back to the time when bin Laden lived in Sudan.

Al Bahlul and al Qosi are charged with willfully and knowingly joining an enterprise of persons who shared a common criminal purpose and conspired with Usama bin Laden and others to commit the following offenses: attacking civilians; attacking civilian objects; murder by an unprivileged belligerent; destruction of property by an unprivileged belligerent; and terrorism. Specifics of each individuals’ charges are available at:http://www.defenselink.mil/news/Feb2004/d20040224Al Qosi.pdf and http://www.defenselink.mil/news/Feb2004/d20040224Al Bahlul.pdf.

Al Bahlul and al Qosi are presumed innocent of any criminal charges unless proven guilty beyond a reasonable doubt at a military commission. Trial dates and commission panel members will be selected at a later time.

Military commission procedures include: the presumption of innocence; a requirement for proof of guilt beyond a reasonable doubt; representation by a military defense counsel free of charge with the option to retain a civilian defense counsel at no expense to the U.S. government; an opportunity to present evidence and call witnesses; and a prohibition against drawing an adverse inference if an Accused chooses not to testify. Military commissions have historically been used to try violations of the law of armed conflict and related offenses.

FOXNews has more

In an interview published Tuesday in the Israeli newspaper Yedioth Ahronot Israeli Prime Minister Ariel Sharon slammed the proceedings against Israel's security barrier this week at the International Court of Justice, condemning them as an attempt to deny Israel the freedom to defend itself. He declared he would not give in to the pressure. VOA has more. While Israel has chosen not to appear at the oral arguments phase of the Hague proceeding, it has filed a written submission which can be accessed on a special security fence website developed by the Israeli Foreign Ministry.

UPDATE: BBC News now offers this report on Tuesday's arguments at the ICJ. The final day of arguments is tomorrow.

In other US Supreme Court rulings Tuesday, the Court held in Olympic Airways v. Husain that an airline's wilfull disregard for the possibility that a passenger would have an adverse reaction to heavy smoke was an actionable "accident" within the meaning of the Warsaw Convention (per Justice Thomas, Justice Scalia dissenting). Read the opinion here. AP has more. In Doe v. Chao, the Court ruled that a plaintiff must show actual damage to qualify for the minimum damage award under the Privacy Act (per Justice Souter). AP has more. Read the opinion here. In Groh v. Ramirez the Supreme Court considered the level of detail required for a search warrant (per Justice Stevens, with dissents filed by Justices Scalia and Thomas). The Court held that the Fourth Amendment is not necessarily satisfied when another document says something about the objects of the search, but that document’s contents are neither known to the person whose home is being searched nor available for her inspection. An officer who executes an invalid warrant can be sued for damages. Reuters has more. Read the opinion here.

The US Supreme Court ruled this morning that the Age Discrimination in Employment Act protects only older workers from preferential treatment given to younger workers. Younger workers cannot sue under it for discrimination based on benefits given to older workers. Read the Court's opinion in General Dynamics Land Systems v. Cline here. AP has more.

The following is a full transcript of President Bush's remarks Tuesday morning announcing his support of a constitutional amendment that would ban gay marriage, as reported by the Washington Post:

BUSH: Eight years ago, Congress passed and President Clinton signed the Defense of Marriage Act, which defined marriage for purposes of federal law as the legal union between one man and one woman as husband and wife.

The act passed the House of Representatives by a vote of 342-67 and the Senate by a vote of 85-14.

Those congressional votes, and the passage of similar defense-of- marriage laws in 38 states, express an overwhelming consensus in our country for protecting the institution of marriage.

In recent months, however, some activist judges and local officials have made an aggressive attempt to redefine marriage.

In Massachusetts, four judges on the highest court have indicated they will order the issuance of marriage licenses to applicants of the same gender in May of this year.

In San Francisco, city officials have issued thousands of marriage licenses to people of the same gender, contrary to the California Family Code. That code, which clearly defines marriage as the union of a man and a woman, was approved overwhelmingly by the voters of California.

A county in New Mexico has also issued marriage licenses to applicants of the same gender.

And unless action is taken, we can expect more arbitrary court decisions, more litigation, more defiance of the law by local officials, all of which adds to uncertainty.

After more than two centuries of American jurisprudence and millennia of human experience, a few judges and local authorities are presuming to change the most fundamental institution of civilization. Their actions have created confusion on an issue that requires clarity.

On a matter of such importance, the voice of the people must be heard. Activist courts have left the people with one recourse. If we're to prevent the meaning of marriage from being changed forever, our nation must enact a constitutional amendment to protect marriage in America. Decisive and democratic action is needed because attempts to redefine marriage in a single state or city could have serious consequences throughout the country.

The Constitution says that "full faith and credit shall be given in each state to the public acts and records and judicial proceedings of every other state."

Those who want to change the meaning of marriage will claim that this provision requires all states and cities to recognize same-sex marriages performed anywhere in America.

Congress attempted to address this problem in the Defense of Marriage Act by declaring that no state must accept another state's definition of marriage. My administration will vigorously defend this act of Congress.

Yet there is no assurance that the Defense of Marriage Act will not itself be struck down by activist courts. In that event, every state would be forced to recognize any relationship that judges in Boston or officials in San Francisco choose to call a marriage.

Furthermore, even if the Defense of Marriage Act is upheld, the law does not protect marriage within any state or city.

For all these reasons, the defense of marriage requires a constitutional amendment.

An amendment to the Constitution is never to be undertaken lightly. The amendment process has addressed many serious matters of national concern, and the preservation of marriage rises to this level of national importance.

The union of a man and woman is the most enduring human institution, honored and encouraged in all cultures and by every religious faith. Ages of experience have taught humanity that the commitment of a husband and wife to love and to serve one another promotes the welfare of children and the stability of society. Marriage cannot be severed from its cultural, religious and natural roots without weakening the good influence of society.

Government, by recognizing and protecting marriage, serves the interests of all.

Today, I call upon the Congress to promptly pass and to send to the states for ratification an amendment to our Constitution defining and protecting marriage as a union of a man and woman as husband and wife.

The amendment should fully protect marriage, while leaving the state legislatures free to make their own choices in defining legal arrangements other than marriage.

America's a free society which limits the role of government in the lives of our citizens. This commitment of freedom, however, does not require the redefinition of one of our most basic social institutions.

Our government should respect every person and protect the institution of marriage. There is no contradiction between these responsibilities.

We should also conduct this difficult debate in a matter worthy of our country, without bitterness or anger.

In all that lies ahead, let us match strong convictions with kindness and good will and decency.

Thank you very much.

UPDATE: An official transcript is now available from the White House here, as well as recorded video.

AP reports that the Supreme Court has overturned the death sentence of longtime Texas death row inmate Delma Banks due to prosecutorial misconduct. The Court intervened in the Banks' case last year to stop the execution. Read the text of the Court's opinion here [PDF].

Amnesty International said Tuesday that the Pentagon had denied it and two other human rights groups permission to attend the expected trials of detainees by US military commission at Guantanamo Bay, Cuba. Amnesty said:

...the Department of Defense has responded to written requests from Amnesty International and Human Rights Watch, with a brief statement that it intended only to provide seating for select members of the press and for the International Committee of the Red Cross (ICRC)... [The Department also] refused to allow Human Rights Watch and Amnesty International to attend the military commissions on the basis of "limited courtroom seating and other logistical issues."

A request by a third group, Human Rights First (formerly the Lawyers Committee for Human Rights), did not receive a reply. The groups say that given their international experience as observers, they could "provide the public with independent and informed analysis of the trials" in a situation where attending journalists will be limited to talking to military officials, and the Red Cross is unlikely to offer public commentary because it relies on confidential communications with governments. Read the Amnesty press release. The Pentagon press release on media coverage of the Gunatanamo military commission trials is here.

FOXNews is reporting that President Bush will announce his support of a constitutional amendment that would ban gay marriage. FOXNews has more. The President's pending approval of the option had been mooted by conservative leaders late last week after a meeting with Presidential advisor Kark Rove; the Washington Post broke the story on February 11. The amendment Bush is expected to endorse is known as the Federal Marriage Amendment (H.J. Res. 56), introduced in the House by Colorado Republican Rep. Marilyn Musgrave in May, 2003. The Amendment states

Marriage in the United States shall consist only of the union of a man and a woman. Neither this Constitution or the constitution of any State, nor state or federal law, shall be construed to require that marital status or the legal incidents thereof be conferred upon unmarried couples or groups.

While prohibiting gay marriage it would not bar civil unions and same-sex partnership arrangements.

UPDATE: The President has now issued his announcement in the Roosevelt Room of the White House. Bush did not specifically endorse Representative Musgrave's Federal Marriage Amendment, which White House officials say has been having problems in the Senate. CNN has more. The full text of the announcement should shortly be available on the White House website.

Russian President Vladimir Putin [official English-language website] announced Tuesday in a surprise TV broadcast that he was dismissing Russian Prime Minister Mikhail Kasyanov and his entire cabinet. Although Putin offered no explicit reason for the sacking, Kasyanov had been allied with businessmen and groups - including Mikhail Khodorkovsky, the YUKOS oil magnate arrested last year for tax fraud and now incarcerated - that had made huge amounts of money in Russia during the Yeltsin era, and that have lately come in for sharp criticism and scrutiny from Putin and his state prosecutors. In October, Putin and Kasyanov clashed publicly about the Khodorkovsky case, as BBC News reported at the time. Putin is expected to be re-elected by a landslide in a Presidential election on March 14. Deputy Prime Minister Viktor Khristenko will take over as Prime Minister for the time being. BBC News has more on Putin's TV speech.

UPDATE: Some additional details are now available on President Putin's Russian-language website.

In an about-face first reported last evening in JURIST's Paper Chase by Federal Courts editor Matt Shames, the US Fifth Circuit Court of Appeals has cancelled scheduled oral arguments on whether the landmark Roe v. Wade abortion ruling should be reopened at the instance of Norma McCorvey (see her Crossing Over Ministry website), the Jane Roe in the original suit, who now says that new evidence that did not exist when the case was first argued shows that abortion is harmful to women. The Court announced its cancellation without giving reasons; observers speculate that it may be part of an effort to expedite the case, or perhaps to turn it down quietly. The San Antonio Express-News has more.

The International Court of Justice at The Hague opened the second day of its hearings into the legality of Israel's security fence Tuesday morning, listening to arguments from Belize, Cuba, Indonesia and Jordan. The Jerusalem Post has more. Israel's Haaretz offers a perspective on the arguments from day one of the proceeding. Uncorrected transcripts from Monday's hearing are now online from the ICJ, as well as recorded video. The court also provides copies of written statements submitted by many parties, including Palestine [PDF], Israel [PDF], and the United States [PDF].

California Attorney General Bill Lockyer says that on Friday he will ask the California Supreme Court to rule on the legality of gay marriage in California law following the issuance of same-sex marriage licences in San Francisco. In other legal action Monday, San Francisco formally filed its own constitutional challenge to California's existing marriage law, and a gay couple who were married in Canada sued the state for denying them a same-sex marriage license in Beverly Hills. AP has more. The San Francisco Chronicle covers the very latest developments.

In Tuesday's media and information law news, as previously reported in JURIST's Paper Chase, the Supreme Court yesterday denied certiorari in a case involving an Algerian man who worked as a waiter in Florida and may have served some of the Sept. 11 hijackers. Mohamed Kamel Bellahouel was detained by the government on immigration violation charges following the Sept. 11 attacks, but he was ultimately released. His appeal concerned access to sealed court documents in the case against him, which was only revealed in a mistake by the US Eleventh Circuit Court of Appeals. Twenty-three media and public interest organizations had sought the court's premisson to intervene in the case, submitting that they were better situated than Bellahouel to make the case for public access. The First Amendment Center offers an overview of the case, and the Reporters Committee for Freedom of the Press offers details about intervention by several larger media groups in support of the media claims.... Several press groups have expressed concern over proposed changes to the Utah open records laws, the Salt Lake Tribune reports. According to the groups, the proposed bill would alter the Government Records and Management Act so that any records not designated public would remain private. Those who have supported the change cite preservation of privacy as the goal. The Utah legislature has held the bill for the next year for more consideration. The proposed bill can be accessed here.... BBC News reports that Egyptian President Hosni Mubarak has revoked a law allowing the imprisonment of journalists for libel, insults or defamation. Journalists have been campaigning for the change, which will be considered in the National Assembly this week.

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More than 350 potential jurors were sworn in Monday under heavy security at a high school in McAlester, Oklahoma, as preparations continued for the trial of Terry Nichols on state murder charges relating to the deaths of 160 people and one unborn child in the 1995 bombing of the Federal Building in Oklahoma City. Nichols is already serving a life sentence for the deaths of 8 federal law officers in the bombing. The state proceeding, due to begin on March 1 with jury selection, could put him on death row. The Oklahoman (registration required) offers in-depth case coverage.

In a recusal motion filed late Monday, the Sierra Club formally asked US Supreme Court Justice Antonin Scalia to recuse himself from a case now before the Court in which the Club is suing Vice President Dick Cheney and a federal energy task force for an accounting of energy industry participation in the development of the Bush Administration's energy policy. The Sierra Club says that intense coverage of Justice Scalia's January duck-hunting trip with Cheney makes the recusal necessary to "redress an appearance of impropriety and to restore public confidence in the integrity of our nation's highest court." Read the Sierra Club press release. AP has more.

The UK government has announced a plan to restrict the welfare rights of incoming migrant workers from 10 East Europen countries - the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia, Slovenia, Greek Cyrus and Malta - that are joining the European Union on May 1. Under the plan, migrants arriving in the United Kingdom will have to register, and in practice will either have to work or leave the country; only after a two year-period will they be able to claim welfare benefits or public housing. Read the UK Home Office press release here. Bloomberg has more.

In Tuesday's US law and business press, the Miami Daily Business Review reports on the US Supreme Court's refusal to hear the habeas corpus case of a FL man detained for five months after 9/11.... The Recorder reports on a CA appeals court ruling that if a company shares an internal investigation with the government, it also has to share it with plaintiffs.... The Puget Sound Business Journal reports on the US Supreme Court's refusal to hear a WA appeal of a federal court decision declaring WA's blanket primary unconstitutional.... The New York Law Journal reports on a Second Circuit Court of Appeals ruling that immigration authorities relied too heavily on a State Department country report when they denied asylum to a Catholic man claiming religious persecution in China.... FindLaw's Writ features Hofstra law professor Joanna Grossman's column on legal questions raised by issuing marriage licenses to same-sex couples in San Francisco.

click for the previous US law and business press review

Some of the legal stories featured in Friday's foreign press... Israel's Haaretz highlights a debate over interpretation of a loophole in the Basic Law on the Knesset. Though elections are currently planned for 2007, prominent lawmakers and academics argue that the text of the law requires elections in 2006. The 17th Knesset elections committee will continue analyzing the issue for the next week.... India's Hindustan Times reports that minority religious groups in Pakistan have asked President Musharaff to expand the 2000 Blasphemy Law to include protection of the Christian Community. The law permits the arrest and hanging of any person making derogatory remarks about Islam. The law omits the option of appeal.... The Vietnam News Agency covers the drafting and implementation of the new Competition Law. UN agencies and the Vietnam Trade Ministry have organized workshops to gather private and public actor feedback on non-competitive practice to be prohibited and possible remedies.

click for the previous foreign press review

The International Court of Justice at The Hague is webcasting its hearings on the legality of Israel's security barrier Tuesday from 4 AM - 7 AM ET (10 AM - 1 PM at The Hague) and 9 AM - 12 Noon ET (3 PM - 6 PM at the Hague). Access the video stream here. A full schedule of oral arguments is here - on Tuesday, Belize, Cuba, Indonesia and Jordan are scheduled to argue in the morning, with Madagascar, Malaysia and Senegal arguing in the afternoon. As previously reported on JURIST's Paper Chase, Israel is not appearing before the court.

On February 24, 1803, Chief Justice John Marshall of the US Supreme Court ruled in Marbury v. Madison that any act of Congress that conflicts with the Constitution is null and void, thereby establishing the doctrine of judicial review. Watch an explanatory video featuring Professor Joel Grossman, a constitutional scholar in the Johns Hopkins University Political Science Department. Learn more about Marbury v. Madison from the James Madison Center at Virginia's James Madison University.