In Congressional news for Wednesday, the House Budget Committee today approved a $2.4 trillion budget for fiscal 2005 in a party-line 24-19 vote. According to the Dow Jones Newswire, the Republican-authored budget would slightly trim entitlement programs while maintaining current discretionary spending levels. Homeland Security and military spending would see dramatic increases, meeting President Bush's spending requests. Today's New York Times notes that the budget differs substantially from that passed last week by the Senate with regard to the House version's embrace of the President's tax cuts. While members of both parties expressed concern over the large federal deficit, the committee separately approved HR 3973, which would employ mechanisms to control spending, but without a proposed Democratic amendment to similarly limit tax cuts. A summary of the budget markup numbers through fiscal 2009 is here.... The full House meanwhile began a highly charged debate over a resolution commemorating Friday's one-year anniversary of the commencement of US military operations in Iraq. While commending both the military and the Iraqi people, the resolution's assertion that "the United States and the world have been made safer with the removal of Saddam Hussein and his regime from power" provoked dissent from some members, according to AP. The resolution ultimately passed by a vote of 327-93.

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In Wednesday's federal courts roundup, the US Seventh Circuit Court of Appeals ruled that an attempted suicide which prevented a convicted thief from attending a hearing could not constitute obstruction of justice. Former Chicago Police Deputy Superintendent William Hanhardt's sentence had been increased by a trial judge because of the attempt. AP has the story.... Judge Royce Lamberth of the US District Court for the District of Columbia on Monday ordered the Department of Interior's web site shut down due to security concerns. The site was shut down yesterday, and remains down as of this posting. Three years ago, investigators found that royalties that are held in trust for American Indians were vulnerable to hackers. Lamberth ordered the shutdown after finding that the agency still has not sufficiently fixed the problems. TechWeb has the full story. Read the opinion here [PDF].... Judge Richard Posner, ruling for the US District Court for the Norther District of Illinois, held that Apotex Inc.'s TorPharm unit infringed Abbott Laboratories' patents on its top selling US drug Depakote. The drug is used to treat epilepsy and mania associated with bipolor disorder. The Miami Herald has the full story.... As reported earlier on JURIST's Paper Chase, Judge Gladys Kessler of the US District Court for the District of Columbia denied a motion for summary judgment made by tobacco companies in the government's $289 billion suit against them. Kessler rejected claims that the suit violates constitutionally mandated separation of powers.... Also reported earlier on JURIST's Paper Chase, Judge Melinda Harmon of the US District Court for the Southern District of Texas ordered that defendant financial institutions must turn over to plaintiffs all deposition transcripts or sworn statements their employees made relating to the Enron bankruptcy. The plaintiffs are Enron shareholders. The Miami Herald has the full story.

Here's Wednesday's legal news from the US Department of Justice. The Justice Department's Civil Rights Division has reached a consent decree with the University of New Mexico regarding a complaint filed by the Department alleging that the University violated Title VII of the Civil Rights Act of 1964 by discriminating against three pregnant women formerly employed by the school. Under the decree, the University has to pay the three women $135,382, change its policies toward pregnancy, and provide its managers and supervisors with anti-discrimination training. The three women originally filed suit with the US Equal Employment Opportunity Commission (EEOC) which referred the case to the Justice Department after being unable to conciliate the women's charges.... Also in the Justice Department, the Criminal Division has announced that Earl Allen Haywood, former Assistant Treasurer for campaign committees associated with Elizabeth Dole's 2002 campaign, pleaded guilty to mail fraud in connection with his embezzelment of funds from Dole's campaign. Haywood admitted to stealing $174,725 from the campaign from 2002 through 2003 by writing checks from the campaign accounts and naming himself as the payee. Haywood has agreed to make restitution payments and faces up to 20 years in prison along with a hefty fine. The Justice Department has more in a related press release.

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In Wednesday's state courts roundup, the Georgia Court of Appeals today reversed a lower court ruling which would have ended the Georgia Baptist Convention's ownership of Shorter College. The court held that the Georgia Baptist Convention was a member of Shorter College Corporation and efforts by Shorter College to dissolve itself and transfer assets to a newly formed foundation were contrary to the school's charter. BPNews.net has more.... Also in Georgia, jurors deliberated for nine hours before retiring for the night in a case in Fayette County Superior Court involving former Pittsburgh Steelers' linebacker Greg Lloyd. Lloyd is charged with aggravated assault for allegedly shoving a pistol into his son's mouth for the punishment of poor grades. Deliberations are to resume tomorrow. AP has more.... The Delaware Court of Chancery has denied Texas Instruments Incorporated's motion to dismiss Qualcomm's claims in a Breach of Patent Portfolio case. PRNewswire has more.

Here is Wednesday's roundup of major legal stories from countries around the world. In Venezuela, the government has opened an investigation that could lead to the removal of three Supreme Court magistrates who ruled on Monday that signatures on a petition for the recall of President Hugo Chavez were valid. The country's attorney general, public defender and controller general stated that the magistrates are being investigated for unethical behavior. The Associated Press has more.... In South Korea, parliament has approved the dispatch of more than 3,000 troops to Iraq, making it the third biggest force after the U.S. and Great Britain. Despite surrounding controversy, President Roh Moo-hyun had pushed for the deployment since December, arguing that it is needed to show the country's commitment to the US. BBC has more.... In Morocco, police have been searching the home of Jamal Zougam, one of six Moroccan nationals believed to be responsible for the Madrid bombings on March 11. Zougam is currently in the custody of Spanish police, and is said to have been a member of a Spanish Al Qaeda cell. BBC has more.

In Wednesday's tax law news, the UK's High Court has ordered tennis star Andre Agassi to pay roughly $50,000 in taxes on endorsement income he earned while playing in the country. The ruling most likely will have a ripple effect on all major individual athletes who receive endorsement compensation and compete in the UK. Team athletes, however, are considered employees and pay taxes through their respective organizations. Read the High Court decision here. AP has more.

In international law news Wednesday, Poland's Foreign Minister has said that the country is ready to compromise in the deadlock over voting rights in the draft European constitution and called for an agreement before the end of June. As noted earlier this week on JURIST's Paper Chase, Spain's new Prime Minister-elect indicated that he also wanted to speed up negotiations on the draft constitution. Spain and Poland's refusal to accept the voting system as laid out in the draft have stalled prior efforts at negotiation. AP has the full story.... Sri Lanka has ratified the UN Convention against Corruption, joining Kenya as the second country to ratify the treaty since it was adopted [PDF] by the UN General Assembly last October. Sri Lanka's Daily News has more. The UN Office on Drugs and Crime provides this fact sheet [PDF] on the convention.... The AFL-CIO has filed a petition [PDF] with the US Trade Representative asking for the US to impose trade remedies on China saying that worker oppression in the country has led to unfair trade conditions. The complaint contains allegations that abuses of workers' rights, including poor enforcement of health and safety standards, human rights violations and torture, have given China a commercial advantage. The AFL-CIO complaint was filed under Section 301 of the Trade Act of 1974, which allows the US to take action against countries that engage in unfair trade practices against it. This is the first time Section 301 has been invoked to protest a country's workers' rights practices. The AFL-CIO has this press release and an executive summary of their petition. The Detroit News has more.... Finally, as previously reported on JURIST's Paper Chase, the European Parliament's Foreign Affairs Committee has said that Turkey is not ready for admission to the EU.

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The US Court of Appeals for the Ninth Circuit has upheld a summary judgment for the State of Alaska which upholds Alaska's sex offender registration law. Previously, the Ninth Circuit had rejected the summary judgement given by the District Court ruling that the law violated the Ex Post Facto Clause. The US Supreme Court had reversed this decision and remanded the case back to the Court of Appeals ruling in favor of the State of Alaska. Read the Ninth Circuit decision here [PDF]. Read the Supreme Court decision remanding the case here [PDF].

The Bush administration is proposing a program that would enable travelers whose background the government already has checked to avoid lengthy security inspections at airports beginning in June. The program would allow people to pay a fee and submit to government background checks. If the person is found not to be a threat, they can avoid follow-up screenings at checkpoints where carry-on bags pass through metal detectors. David Stone, acting chief of the Transportation Security Administration told the House Transportation and Infrastructure subcommittee on aviation Wednesday that the goal of the program is to move law-abiding citizens quickly through the gate screeners and onto their planes. Read his testimony here [PDF]. AP has more.

The Michigan State University-DCL College of Law may soon have a simpler, less confusing name. According to the State News, a proposal awaits approval from the school's two constituent institutions that would more fully integrate it with Michigan State by stripping it of its nominal affiliation with DCL (the Detroit College of Law). Michigan State University-DCL is the product of a 1995 agreement between the two, after which it moved into a new facility on the former's East Lansing campus. At present, it receives no funding from either Michigan State or the state of Michigan, and it would retain its financial independence even after any integration. The boards of both institutions will vote on the proposal to become the "Michigan State University College of Law" in April. State News has the full story here. Additionally, JURIST has reports on similar integration issues between Penn State University and Dickinson School of Law, here and here.

Elsewhere, a professor at the University of Alabama School of Law wants the university to apologize for its historical ties to slavery and to consider paying reparations to slave descendants. The Mobil Register reports that Professor Alfred Brophy pitched his proposal to the university's Faculty Senate on Tuesday. Brophy has documented both ownership and rental of slaves by the university in antebellum years, as well as public defense of slavery by former leaders who now have buildings in their name on the Tuscaloosa campus. In addition to reparations, he suggests less controversial measures like marking unmarked slave graves and creating a museum in former slave quarters. Read the Register's full report here.

Ladislav Niznansky, an 86-year-old Nazi war crimes suspect living in Germany, has been charged with 164 counts of murder for his alleged role in the killings of Slovak civilians in three villages in early 1945. Niznansky reportedly headed the Slovak section of a Nazi unit which hunted resistance fighters and Jews after the Germans crushed an uprising in Slovakia. Niznansky was taken into custody at a prison hospital and could be part of one the last Nazi war crimes trial. AP has more.

Charles A. McCoy Jr., the man suspected in two dozen sniper shootings in Ohio, was taken into custody two days after he was named as a suspect in the shootings that left one woman dead and pierced cars and homes in the Columbus area. McCoy was arrested in a Las Vegas motel after being identified by a fellow patron who had seen McCoy's picture in USAToday earlier. At the time of the arrest, McCoy was reading a copy of the paper which featured his photograph. The FBI said McCoy will likely be transferred to the US Attorney's office. Click for more information about the sniper shootings from the Columbus Dispatch here. Watch video of the capture here. Watch the Columbus area news conference about the capture here. AP has more.

In Wednesday's criminal law and punishment news, the Detroit News reports that the Michigan State House of Representatives will soon decided whether to move the state one step closer to having the death penalty. On Tuesday, a State House committee voted to send to the full House a measure that would allow voters in November to lift the state's ban on capital punishment.... Utah's governor has signed a bill that would ban executions by firing squad, according AP. The state may now execute only by lethal injection. Read a copy of the signed bill here.... Lastly, check out a story posted earlier today on JURIST's Paper Chase: Report criticizes Vermont prison system over spate of inmate deaths.

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The US Supreme Court made its annual funding pitch to Congress Wednesday, asking it to approve a proposed budget of $70 million, mostly to cover salaries and expenses for its approximately 400 employees. The Supreme Court Justices are requesting a 1.7% cost of living increase; Chief Justice William Rehnquist, the highest-paid member of the court, has a current salary of $202,900. UPI has more. Written testimony from Justices Anthony kennedy and Clarence Thomas should shortly be available here from the House Appropriations Committee

In cyberspace law news Wednesday, Lindows Inc. has filed a motion in federal court to stop what it called a "global legal assault" on the small company by well-funded Microsoft. Microsoft has pursued several trademark infringement suits around the world against Lindows, claiming that the company's name infringes Microsoft's Windows. Lindows has already been forced to shut down operations in Luxembourg, the Netherlands, and Belgium after a Dutch court found for Microsoft. Read Lindows' motion for anti-suit injunction here....The British government is making the wills of famous figures available online to the public. The archive includes the final wishes of William Shakespeare, Oliver Cromwell, William Wordsworth, Sir Francis Drake, and Jane Austen...Time Warner Cable announced plans to comply with federal wiretap laws associated with telecommunications carriers. The company would be the first major cable operator to follow the Communications Assistance for Law Enforcement Act (CALEA). Cable companies are not yet required to comply with the Act, though the industry expects compliance to be required soon.

In Wednesday's corporations and securities law news, FleetBoston Financial Corp. and Bank of America Corp. shareholders approved a $47 billion merger that would create the nation's No. 3 bank. Additionally, Bank of America will reportedly cut up to 13,000 jobs as a result of the merger. The merger comes on the heels of the record payout the two financial institutions will pay to settle civil charges of improper mutual fund trading. Read the Fleet press release announcing the deal here. Read the Bank of America press release here. AP has more.... The lead attorney for Martha Stewart plans to appeal the verdict by arguing the judge in the case prevented him from explaining to the jury that Stewart had not been charged with criminal insider trading. CNN.com has more.... As a result of tougher accounting standards, many companies have reached back years and reduced their profit margins by tens of millions of dollars. Among the companies this week to decrease profits include Bristol-Myers Squibb, P.F. Chang's, Veritas and Nortel Networks. The Street.com has more.... A Houston federal judge ordered financial institutions to produce sworn statements their employees made in the Enron's bankruptcy case to Enron shareholders who are suing the bankrupt energy giant. The Houston Chronicle has more.... The SEC is investigating DHB Industries Inc., one of the country's largest makers of body armor for police agencies and the US military, for loans made to the company by its chief executive officer. Newsday.com has more.... Time Warner is considering a number of proposals for its AOL unit including a possible sale, spin-off or a significant restructuring of the business. Despite generating significant cash-flow, AOL has seen a significant drop-off in subscribers. The New York Post has more.... Fisher Scientific International, a US laboratory and research equipment maker, agreed to buy rival Apogent in a deal valued at $2.7 billion. Read the Fisher press release announcing the deal here. The Financial Times has more.... The SEC and CFTC announced that they will have joint authority of the oversight of security futures product (SFP) trading and the sharing of security futures product information. Read the SEC press release here.

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In environmental law news for Wednesday, The New York Times reports that comments received on an Environmental Impact Statement (EIS) for the World Trade Center rebuilding project has drawn criticism concerning air quality, increased noise, and aggravated traffic. Although 2,000 pages in length, the EIS for the WTC projects including the office towers and memorial, the PATH terminal, the Fulton Street Transit Center and the reconstruction of West Street-Route 9A, only received an EC-2 rating by the EPA, meaning that the document does not contain enough information for a full settlement... Following up on recent developments in the lead contamination issue in Washington DC, Mayor Anthony A. Williams has ordered the DC Water and Sewer Authority (WASA) to immediately arrange for the distribution of water filters to 23,000 homes in the area that have lead pipes. Williams has also made a plea for the federal government to help fund the replacement of lead pipes on private property which averages around $2,000 per home. MSNBC has more... KRT reports that in a 4-1 decision [PDF] the West Virginia Supreme Court has ruled that a DEP mining director could legally preside over an agency enforcement hearing and also reiterated that state law allows for members of an agency, including the director, to serve as hearing officer in administrative proceedings. The decision overturned a lower court ruling stating that the agency had violated a coal company's due process rights. The case arose as West Virginia has increased its attempts to crack down on Massey Energy for numerous hazardous spills and other environmental violations.

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A new report commissioned by the Vermont Agency of Human Services criticizes the Vermont state prison system for a "culture ... that fails to embrace accountability," and holds it at least partly responsible for the deaths of seven inmates in the past two years. The report, available here [PDF] caps an investigation launched last November. Read AP's full story here.

The Washington Post reports today on an inquiry being launched by the Department of Health and Human Services into cost estimates for recent prescription drug legislation - estimates that the Bush adminstration zealously withheld from congressional review. Congress narrowly passed the legislation last November with the administration's full support but without its most accurate estimates about cost. Medicare actuary Richard S. Foster claims he was even threatened with termination if he disclosed calculations that the law would cost some $140 billion more over its first decade than Congress believed. Read the Post's full story here. Additionally, read Chris Buell's report for Paper Chase on other criticisms here, and the Kaiser Daily Health Policy Report for comprehensive coverage.

A federal judge has denied a motion for summary judgment made by tobacco companies in the government's $289 billion suit against them. The suit alleges "a four-decade long unlawful conspiracy to intentionally and willfully deceive and mislead the American public." In a memorandum opinion issued today and available here [PDF], Judge Gladys Kessler of the US District Court for the District of Columbia held that the companies' separation of powers arguments do not entitle them to judgment. Reuters offers the full story here.

In a nonbinding vote Wednesday, the European Parliament's Foreign Affairs Committee said that Turkey is not yet ready for admission to the European Union. Parliamentarians cite several political reforms that remain to be implemented, including diminishng the influence of the Turkish military. Read a recent European Commission report on Turkey's progress towards EU accession during 2003 here [PDF], noting that "Although Turkey has begun to address the Accession Partnership priorities relating to the ability to assume the obligations of membership, the short term priorities in relation to most chapters of the acquis have not yet been addressed in a significant way." Turkey's next political hurdles include a discussion by the full Parliament and an assessment by the European Commission. One prominent commissioner expressed his optimism last month, however, as reported for JURIST's Paper Chase here. Read more on the Parliament committee's vote from EUobserver here.

AP is reporting that the Iraqi Governing Council has asked the UN for help in putting together the new government that will take over from the US-led coalition June 30. The council is also requesting technical assistance in preparation for a general election due by the end of January 2005.

A Serbian court in Belgrade Wednesday convicted a Serb police officer, Sasa Cvjetan, of executing 14 ethnic Albanian civilians during the Kosovo conflict. Cvjetan was sentenced to 20 years, the maximum prison sentence. Cvjetan has said that his is innocent and is being singled out as a scapegoat. Only four other former Serb soldiers have been convicted and sentenced by Serbian military courts for Kosovo war crimes. AP has the full story.

Spain's Prime Minister-elect Jose Luis Rodriguez Zapatero has pledged to better coordinate Spanish police agencies by creating a single director for the Civil Guard and the National Police in the wake of last week's bombings in Madrid and has said that his government will relentlessly pursue terrorists. Spain's Interior Minister has said that Spanish investigators, aided by European and US police and intelligence agencies, are making progress in the investigation into the attacks. A Spanish judge has imposed a secrecy order on police efforts in order to avoid compromising the investigation. As part of the investigation, Ali Amrous, an Algerian man who allegedly threatened mass bloodshed in Madrid, was brought to court Wednesday to determine if he had any foreknowledge of the attack. After questioning Amrous, a Spanish Judge extended his detention for 48 hours in order to give police more time to investigate him. AP has the full story. In a related story, Zapatero has rejected pleas from world leaders to reconsider his pledge to withdraw troops from Iraq. Zapatero has said that he will withdraw Spanish troops from Iraq by June 30 because "fighting terrorism with bombs...isn't the way to defeat terrorism." Instead, Zapatero said terrorism should be "combated by the state of law." AP has more.

A class-action lawsuit has been filed in federal court in Alaska claiming that the state's new high school exit exam (the Alaska High School Graduation Qualifying Examination) discriminates against disabled students by not providing reasonable accommodations for them and not authorizing alternative ways of assessing students who can't perform well on standard tests. Disability Rights Advocates (DRA), representing the plaintiffs, say that they are not seeking to completely stop the test or set aside standards, but instead are asking "that the safeguards required by both federal and Alaska law be implemented." DRA has filed similar suits in Oregon and California and provides an overview of the outcome of the Oregon case here. The California case has not been resolved. AP has the full story.

Lawmakers convene on Capitol Hill Wednesday to consider the controversial airline passenger screening system designated as CAPPS (Computer Assisted Passenger Prescreening System) II. The House Transportation and Infrastructure Subcommittee on Aviation will hold hearings on the program beginning at 10 AM ET. Read a subcommittee press release on today's hearing. AP has more. A Department of Homeland Security factsheet on CAPPS II is here. Civil liberties groups have expressed concern that the undisclosed and unreviewable information at the heart of the proposed system poses "severe threats to personal privacy and basic civil liberties" - see, for instance, this ACLU press release. The ACLU offers further background information on the CAPPS II initiative, including a recent critical GAO report, here.

Wednesday's New York Times reports that the US Justice Department has opened an inquiry to determine if Shell Oil executives violated any federal laws by not promptly disclosing major shortfalls in its proven oil and gas reserves, potentially misleading investors about the value of the company's assets. Shell is already being investigated by the SEC and European regulators. The Times has more. Shell shocked investors in January by announcing (see its press release) that 20% of its reserves were no longer "proven", as reported in the London Observer. Some reports in US papers say Shell executives knew of the reserves problem as early as 2002, but said nothing. Shell has made available its recent pres releases and media materials on "reserve recategorization" here.

In Wednesday's media and information law news, as reported yesterday in JURIST's Paper Chase, a Rhode Island TV reporter was found in contempt of court after he refused to name the source of a videotape linked to an FBI investigation, AP reports. Jim Taricani, a reporter with WJAR-TV, would have faced a $1,000 fine at noon today, but the US First Circuit Court of Appeals granted a temporary stay as Taricani's appeal is pending. The videotape shows an undercover informant passing an envelope that allegedly contained a cash bribe to a mayoral aide. The WJAR-TV aired the tape in 2001, and Taricani was questioned in court last fall. WJAR-TV has more.... The White House has drawn criticism for a 30-second television segment it released supporting the new Medicare drug benefits that appears as a news report, the LA Times reports. The General Accounting Office initially concluded that the release was legal, but said it would conduct another investigation to determine whether the video is actually illegal political propaganda. The video takes the form of a news report containing interviews, but it offers no disclaimer that it was produced or paid for by the government. Democrats sent a letter to major networks urging them not to air the video. The Reporters Committee for Freedom of the Press has more.

In Wednesday's US law and business press, the National Law Journal reports on novel theories of liability against casinos by addicted gamblers who voluntarily bar themselves from the casinos.... The Legal Times reports that in their private conference this week, the US Supreme Court Justices will revisit the issue of allowing trial courts to appoint defense counsel when appropriate.... The Denver Business Journal reports that seven people were indicted by a CO grand jury yesterday for committing fraud in a high-yield investment scheme that defrauded more than a thousand people of approximately $56 million.... According to the Recorder, the Ninth Circuit Court of Appeals has ordered a CA attorney to pay his opponent's legal fees for trying to use bankruptcy court to delay a state court action.... The ABA Journal reports that a CA lawyer and his experts have been disqualified from a fatal vehicle rollover case because the lawyer discovered one of his opponent's documents and used it to impeach defense experts instead of turning it over to his opponent.... FindLaw's Writ features human rights attorney Joanne Mariner's column on how the US hinders terrorism prosecutions abroad, as well as University of Washington law professor Anita Ramasastry's column on passenger profiling as a law enforcement tool.

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Some of the legal stories running in Wednesday's foreign press... Australia's Sydney Morning Herald features proposed changes to the Anti-Mercenary Law. Though the changes are designed to facilitate prosecution of Australians accused of participation in terrorist organization, they will not be retrospective and will therefore not affect the fates of two Australians being held in Guantanamo Bay, Cuba. The government is also considering making consorting with terrorists a criminal offense.... In Scotland, the Scotsman reports a High Court decision interpreting 1988 Finance Act provisions relating to entertainers and sportsmen. In the case involving tennis start Andre Agassi, the Court ruled tax was due on income connected to activities in the UK, even if the paying and receiving companies had no tax presence there. However, as the obligation seems to lay with the party making payments, the duty may prove unenforceable.

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US Supreme Court Chief Justice Roger Taney, author of the decision in Dred Scott v. Sandford, was born in Calvert County, Maryland, on March 17, 1777. View a daguerreotype photo of Chief Justice Taney taken by Mathew Brady Studios in 1848.