[JURIST] Washington DC-area sniper Lee Boyd Malvo (profile from BBC News here) reached a plea agreement with prosecutors in Virginia on Tuesday, at least temporarily avoiding the death penalty. Malvo pleaded guilty in the slaying of Philadelphia businessman Kenneth Bridges, and accepted a sentence of life in prison without parole. Already charged in connection with the 10 Washington-area killings in October 2002, Malvo has agreed to drop appeals in connection with Tuesday's conviction. Prosecutors could still pursue the death penalty for some of the other killings. AP has the full story. CNN has more, including information on how the juvenile execution issue currently before the Supreme Court could affect future prosecution efforts against Malvo.

[JURIST] In Tuesday's environmental law news, President Bush has signed the Water Supply Reliability and Environmental Improvement Act, known as CALFED, into law. The act provides up up to $389 million for environmental restoration and enhancement of the San Francisco Bay/Sacramento-San Joaquin Delta estuary. CALFED operates as a collaboration between a number of CA and Federal agencies. The DOI press release is here. In other news, the USDA has announced that it will accept 1.188 million acres of land into the Conservation Reserve Program (CRP), a program to protect and preserve natural areas. The program compensates farmers that establish long-term conservation practices on highly erodible and environmentally sensitive cropland. There are now 35.6 million acres in the CRP, authorized by the 2002 Farm Bill[PDF]. The USDA press release is here.... The EPA has removed the Mid-America Tanning Company[PDF] Superfund site from the National Priorities list. The site, located in Sergeant Bluff Iowa, had been the location of major chromium leakage. Cleanup began in 1990 and is now complete. The Superfund program operates in accordance with the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The EPA press release is here.

[JURIST] The Sixth US Circuit Court of Appeals Tuesday overturned a Michigan court ruling that had required that ballots cast in the state in erroneous voting precincts be counted alongside those cast correctly. Provisional ballots are used when voters say they are registered but their names do not appear on registration rolls, pending later approval by election officials. The appeals court decision is a blow to the Michigan Democratic Party. See this previous report by JURIST's Paper Chase, which includes a link to the lower court opinion. AP has more. In related news Tuesday, the Sixth Circuit released its opinion [PDF] announced Saturday that overturned a similar Ohio decision; JURIST's report on that ruling is here.

[JURIST] A New Jersey judge ruled Tuesday that the state's voters will be able to cast their ballots in next Tuesday's election using electronic voting machines, despite the objections of voting rights activists. Superior Court of Mercer County Judge Linda Feinberg cited in her opinion recent problems with paper ballots, the fact that the machines have been in use for 10 years without incident, and also that she is satisfied with the reliability of the machines, determined by previous court rulings and testing of the devices before and following elections. The lawsuit was filed by the Constitutional Litigation Clinic at Rutgers University on behalf of New Jersey Assemblyman Reed Gusciora. AP has more. AP also has background on the story.

[JURIST] The US Supreme Court has, without comment, declined to put independent presidential candidate Ralph Nader on the ballot in Ohio. Nader had asked the high court to review Ohio Secretary of State Kenneth Blackwell's decision to remove him from the ballot. Nader argued that the Ohio state law which requires people who collect signatures on candidates' petitions be registered voters violated free speech rights. The Ohio Supreme Court had rejected Nader's appeal last Friday (see this report on JURIST's Paper Chase). Nader's petition to the Supreme Court is available online here [PDF], along with other materials from his Ohio litigation (courtesy Andrew Hyman). AP has more.

[JURIST] US District Court Judge James Lawrence King held Tuesday that Florida election officials will not have to process incomplete voter registration forms for the presidential election. Judge King found that the three prospective voters backed by the AFL-CIO and Advancement Project did not have legal standing to pursue the lawsuit, but did allow the union the opportunity to file a new lawsuit next month with people who meet the standard. At issue here were applications which failed to indicate anything in the citizenship box. The Advancement Project argued that the ruling will have a disparate effect on minorities. Blacks alone accounted for nearly 45% of the challenged forms in Duval county. Read the opinion here [PDF]. The original complaint is here [PDF]. The Advancement Project offers an MP3 audio news release on their suit. AP has more.

[JURIST] India's Supreme Court has approved a compensation plan for the 1984 Bhopal gas disaster that killed more than 14,000 people. In July, the Supreme Court had ordered the central bank to pay the victims but no payments had been made. The plan calls for 15.67 billion rupees (343.5 million dollars) in compensation be distributed to survivors and families of the victims. The money will be paid on a pro-rata basis from November 15 to the 572,173 people whose claims have already been settled. Additionally, the court also ordered the state-run welfare commission to set aside six billion rupees for victims whose claims have not been settled. Union Carbide, the owner of the pesticide plant which caused the disaster, had paid the Indian government $470 million to settle all claims in 1989. Read more about the Bhopal tragedy here. AFP has more.

[JURIST] A US District Judge in Colorado today dismissed for lack of standing a lawsuit which had challenged the Colorado electoral college amendment on the November state ballot. If passed next week, Amendment 36 [PDF] would award a share of electoral votes based on the popular vote instead of the traditional winner-take-all approach. The Amendment could be critical as a split of electoral college votes in the state could possibly mean victory or defeat for the national presidential candidates. Fort Collins businessman Jason Napolitano originally filed the lawsuit, arguing the proposal is unconstitutional and any change to the electoral system should be decided by the legislature. State officials countered that Coloradans should vote on the measure before a court decides its constitutionality. Today's ruling is not yet available online. Read Napolitano's complaint here [PDF]. Read Napolitano's brief in support of his complaint here [PDF]. AP has more.

[JURIST] The Israeli Knesset has approved a bill authorizing an Israeli withdrawal from settlements in Gaza and part of the West Bank. JURIST carried the webcast of the debate and vote live from the Knesset.

UPDATE: The Knesset vote was 67-45, with seven abstentions. BBC News now has more. Israeli Prime Minister Ariel Sharon's Monday speech in support of the withdrawals is available in English from the Prime Minister's Office here.

[JURIST] In Tuesday's corporations and securities law news, Marsh & McLennan Cos., the large insurance broker currently under investigation by New York Attorney General Eliot Spitzer, has announced that the company will reform its business practices and stop accepting fees that Spitzer complained amounted to bid-rigging. The new plan comes one day after chairman and chief executive Jeffrey Greenberg resigned. Read the Marsh press release announcing the reform here [PDF]. Listen to Marsh's investor conference call here. Read Spitzer's complaint against the company here [PDF]. Reuters has more.

In other news, telecommunications giant AT&T Corp. has announced an agreement in a shareholder class action suit currently underway in New Jersey. Under the settlement which is still subject to court approval, the company will pay $100 million in damages. Read the AT&T press release here. AP has more.... As previously reported on JURIST's Paper Chase, the Federal Communications Commission Tuesday approved the proposed merger of Cingular and AT&T Wireless, only a day after the acquisition was approved by the Department of Justice (see this Paper Chase report). Cingular has a press release on the merger here. An FCC press release [PDF] is also available. Documents related to the FCC adjudication, including statements from each commissioner, are available here (scroll down). Read the complete FCC order here [PDF]. AP has more.... The SEC voted 5-0 to allow for public comment related to a proposal which loosens restrictions on comments made by executives prior to their company's IPO. Read the agenda for the SEC meeting here. AP has more.... A federal judge has ordered Drake Tempest, a former general counsel and vice president for legal affairs at Qwest Communications, to testify before the SEC about possible violations of federal securities laws at the company. AP has more.... Health insurer Anthem Inc. received a subpoena from Connecticut Attorney General Richard Blumenthal, who is seeking information about commissions and bonuses at the company. AP has more.... As previously reported on JURIST's Paper Chase, the European Commission Tuesday announced that Oracle can go ahead with its hostile takeover bid for PeopleSoft today. Read more about the hostile bid here. JURIST's Paper Chase has background on the European Commission's consideration of the takeover. AP has more.

[JURIST] The Georgia Supreme Court has upheld the placement on the November 2 ballot of a proposed amendment banning same-sex marriage against a challenge brought by the ACLU of Georgia and several other groups. The court, by a 5-2 margin, ruled that the courts could not intervene in the referendum process and that the parties challenging the amendment would have to wait until after the election before challenging the amendment.

The fallacy in Appellants’ argument is their insistence that they have a legal right not to participate in an election wherein a proposed constitutional amendment may not withstand judicial scrutiny in the event it is passed. However, their rights are limited to those available to any other citizen of this state who is opposed to proposed legislation. They are entitled to campaign against enactment of the proposed amendment and, if they are unsuccessful in that effort, they may bring a challenge to its constitutionality on any arguably meritorious basis. At this time, however, they have no right to invoke the power of the judiciary to enjoin enactment of legislation or adoption of a proposed constitutional amendment...

• Georgia high court hears same-sex marriage referendum case
• Gay rights groups appeal GA same-sex marriage referendum ruling
• Georgia senate approves constitutional amendment to ban gay marriage

[JURIST] The Israeli High Court of Justice ruled Tuesday that Prime Minister Ariel Sharon had the right to fire ministers for political reasons if necessary to ensure the government operated effectively. Two National Union ministers, Binyamin Elon and Avigdor Lieberman, had challenged their June dismissal in the days before a key government vote on Sharon's plan to disengage from the Gaza Strip. The court concluded that the prime miniser had power to dismiss minister if they threatened the government or created a risk of a wrong decision for the country. Israel's Haaretz has more.

[JURIST] US officials have disclosed a legal opinion in which Department of Justice lawyers conclude for the first time that the Fourth Geneva Convention on the protection of civilian persons in time of war does not apply to non-Iraqi detainees held by the US in Iraq, a conclusion questioned by some legal scholars. The DOJ draft, produced last spring for White House Counsel Alberto Gonzales but only officially acknowledged and outlined Monday after a Washington Post report over the weekend (noted in JURIST's Paper Chase here), finds that the Convention does not cover some non-Iraqi detainees, allowing the US to transfer them out of Iraq. US officials said the conclusion was the unanimous opinion of lawyers from the DOJ, the Department of State, the Defense Department and others. They also said more detainees may be transferred under the opinion (the CIA has extracted about a dozen prisoners from Iraq in the past six months), though they did not indicate where they were being held. The draft memo from the DOJ is available here [PDF]. The New York Times has more.

[JURIST] Indonesian Judge Adullah Sidiq sentenced Rusman Gunawan to four years imprisonment Tuesday for helping fund a bombing committed in Jakarta last year. Gunawan is the brother of alleged South East Asian militant leader Riduan Isamuddin, also known as Hambali (profile here), alleged head of the Jemaah Islamiah (profile here), who is currently being held by the US in an undisclosed location. Gunawan has yet to announce if he will appeal the decision, but did announce his innocence to the court at sentencing. BBC News has more.... Russian President Vladimir Putin signed the Amendments to the Code of the Russian Federation on Administrative Offences into federal law Tuesday. The law creates tighter standards for dealing with administrative lapses in handling migration issues such as foreign workers and expired visas, and creates a shorter time frame for judicial investigation of these offenses. The law also adjusts the penalties for persons committing these offenses including raising fine amounts and specifiying offenses that could result in expulsion from Russian territory. Itar-Tass has more.... Recently elected Indonesian President Susilo Bambang Yudhoyono (BBC News profile here) urged Indonesian Attorney General Abdul Rahman Saleh on Tuesday to move quickly on prosecuting cases currently pending, especially those cases involving graft and corruption. Susilo has made corruption one of the major targets of his administration, citing it as the prime reason that foreign investment is so low. Susilo told Saleh, a former Supreme Court Justice with a reputation for honesty, that he expected progress reports on all cases, especially ones like the current investigation into $185 million (USD) embezzlement charges against the state-run Bank Negara Indonesia. Susilo recently told his ministers that he expected them to use 'shock tactics' when dealing with corruption and warned the Attorney General's office, itself known for rampant bribery, that he would be 'watching closely.' The watchdog NGO Transperancy International recently ranked Indonesia (official site in Bahasa Indonesian) as one of the most corrupt nations of the world (rankings here). The Jakarta Post has more.... A Kenyan government committee headed by Vice President Moody Awori announced Tuesday that Supreme Court Chief Justice Evans Gicheru will consider the cases of almost 20,000 inmates being nominated for a community service program as opposed to imprisonment. The suggestions come in an attempt to ease the nation's incarceration crisis, as Kenyan prisons, built to hold 15,000 inmates, currently house over 50,000. The offenders were all sentenced to less than three years for minor or petty offenses and the committee is recommending that they be used for public works projects, saying that this will serve to ease inmate crowding as well as accomplish much needed public upkeep. JURIST's Paper Chase has background on Kenya's inmate crisis. Kenya's Daily Nation (registered site) has more.

[JURIST] The Federal Communications Commission Tuesday approved the proposed merger of Cingular and AT&T Wireless, only a day after the acquisition was OK'd by the Department of Justice (see this Paper Chase report). The conditional approval clears the way for the $41 billion plan, which will make Cingular the largest wireless phone provider in the US. FCC commissioners approved the merger unanimously with some conditions attached, including the sale of AT&T Wireless systems and airwaves in 16 markets and the sale of airwaves in counties around the country. Cingular has a press release on the merger. An FCC press release [PDF] is also available. Documents related to the FCC adjudication, including statements from each commissioner, are available here (scroll down). Read the complete FCC order [PDF]. Reuters has more.

[JURIST] The European Commission said Tuesday that Oracle can go ahead with its hostile takeover bid for PeopleSoft. Tuesday's ruling follows last month's US District Court decision (reported here on JURIST's Paper Chase) to deny the US Justice Department's request to issue an injunction blocking the hostile takeover. Paper Chase has background on the European Commission's consideration of the takeover and CNET News has more.

[JURIST] A new US rule requiring machine-readable passports from visitors from 27 visa waiver countries takes effect Tuesday. Visitors affected by the new rule who arrive without the correct type of passport will be granted a one-time exemption from the rule. The US State Department has background on the new requirement and BBC News has more.

[JURIST] US Central Command announced Tuesday that Marines from the 11th Marine Expeditionary Unit this week distributed over $570,000 in condolence and collateral damage repair payments to Iraqis caught in the crossfire during August 2003 fighting in Najaf. Tuesday's announcement follows a Dayton Daily News report that the majority of compensation claims made by Iraqis under the Foreign Claims Act have been denied by the US Army based on a determination that combat accounted for most of the deaths, injuries and property damage. AP has more. The Defense Department has background on the process in place for Iraqis to make damage claims.

[JURIST] A Lithuanian criminal court has cleared former President Rolandas Paksas of charges of leaking state secrets to Russian-born businessman Yuri Borisov. Lithuania's parliament voted to impeach Paksas in April following a Constitutional Court ruling that Paksas violated the constitution by arranging citizenship for and leaking classified information to Borisov. Although Paksas still faces charges of illegally arranging citizenship for Borisov, the criminal court said in its ruling that there was no clear evidence that Paksas had disclosed state secrets. Paksas reacted to the ruling by calling his impeachment a "political maneuver" and saying that he "was removed from office and banned by the constitutional court and now I have proof that this was not justified." BBC News has more.

Previously on JURIST's Paper Chase...

• BREAKING NEWS ~ Lithuanian parliament impeaches president
• Lithuanian ruling that president breached constitution could open door to impeachment
• More on impeachment of Lithuanian President
• Linked to mafia, Lithuanian President faces impeachment

[JURIST] Lawyers for Mark Thatcher, son of former British Prime Minister Margaret Thatcher, have challenged a subpoena ordering him to answer questions from Equatorial Guinea prosecutors about his role in a suspected coup plot in EG. Thatcher was arrested in South Africa on charges of contravening South Africa's Foreign Military Assistance Act for his alleged role in the EG coup plot. Thatcher's lawyers said Tuesday that the South African Justice Ministry's decision to allow the questioning (made under South Africa's International Co-operation in Criminal Matters Act) could prejudice the South African trial. BBC News has more.

Previously on JURIST's Paper Chase...

• Thatcher hearings in Equatorial Guinea coup case to be televised
• Thatcher appeals subpoena to answer Equatorial Guinea questions
• Thatcher to be questioned by Equatorial Guinea in coup case
• South Africans lay mercenary charges against 2, consider allowing Thatcher to be questioned by Equatorial Guinea
• Zimbabwe convicts mercenary leader in Equatorial Guinea coup; EG government seeks extradition of Thatcher
• Thatcher son arrested in connection with Equatorial Guinea coup plot

[JURIST] The Ohio Republican Party has threatened to sue county elections boards that reject the party's voter registration challenges because the challenges were improperly filed. Franklin and other Ohio counties have rejected some of the GOP challenges to newly registered voters because the incorrect precinct for the voter was listed, but Ohio GOP Chairman Robert Bennett said that a voter's name and address should be enough to determine whether the voter lives where they are registered. Bennett also threatened court action against boards that take a different view. Ohio Secretary of State J. Kenneth Blackwell is expected to issue a directive Tuesday that will provide county boards guidelines on handling the challenges. The Ohio Republican party has more on their voter fraud initiative and JURIST's Paper Chase has background on the challenges. The Columbus Dispatch has more.... A New Jersey judge is expected to rule Tuesday on whether electronic voting machines can be used in next week's election. New Jersey voting advocacy groups have challenged the use of the machines, saying they are vulnerable to errors and fraud. Paper Chase has background on the lawsuit and WABC has more.... Iowa Republicans filed suit Monday to stop state election officials from counting provisional votes cast in the wrong precinct. The lawsuit challenges the opinion [PDF] of Iowa Attorney General Tom Miller that Iowans who vote in the correct county but wrong precinct should have their votes for president and Congress counted. Polk County District Judge Arthur Gamble has scheduled a Wednesday hearing in the case. The Des Moines Register has more. Ohio State's Moritz College of Law has additional background.

[JURIST] AP is reporting that officials in Afghanistan have said that the vote count is complete in the country's presidential election and that Hamid Karzai won a majority.

UPDATE: Election officials said Tuesday that Hamid Karzai is the clear winner in Afghanistan's presidential election even though some ballot boxes were "obviously stuffed." All but 100 ballot boxes were released Tuesday after inspectors determined there was no evidence of irregularities with the released boxes. AP has more.

[JURIST] Here's a run-down of law-related events, expected developments and live webcasts on JURIST's docket for Tuesday, October 26.

DC sniper Lee Boyd Malvo is expected to plead guilty today to capital murder and attempted capital murder in Virginia's Spotsylvania County. Malvo will be sentenced to life in prison without parole. The Washington Post has more.

The Securities and Exchange Commission will hold a 10 AM ET open meeting to discuss securities offering reform and registration under the Advisers Act of certain hedge fund advisers. Read the meeting agenda and watch a live webcast.... The American Enterprise Institute will hold an 8:30 AM ET presentation on voter fraud.... The Cato Institute will host a 12 PM ET policy forum on low voter turnout. Panelists include Ilya Somin from George Mason University School of Law. Watch a live webcast.... The Cato Institute will also host a 12 PM ET briefing on whether a national ID system would make us safer or just less free.

The trial of Naser Oric continues today at the International Criminal Tribunal for the former Yugoslavia at The Hague. Watch a webcast beginning at 9:30 AM local time (3:30 AM ET); the webcast is on a 30-minute tape delay. The ICTY has background on the case.... Also today at the ICTY, the trial of Momcilo Krajisnik continues. Listen to audio beginning at 2:45 PM local time (8:45 AM ET); for witness protection, there is a 30-minute tape delay. The ICTY has case information.

At the United Nations, the Security Council will meet at 10 AM ET to discuss upcoming meetings in Nairobi. Watch a live webcast.... Following the meeting, the Security Council will then hold closed consultations to discuss Western Sahara and Somalia.

In Israel, the Knesset continues its second day of debate on Prime Minister Ariel Sharon's disengagement plan from the Gaza Strip and northern West Bank. A vote on a proposed compensation bill is scheduled for late Tuesday. Watch a live webcast of today's Knesset session, beginning at 10 AM ET (4 PM in Israel). BBC News has more.