[JURIST] Following up a story reported earlier this evening in JURIST's Paper Chase, a judge in Florida has dismissed a Republican attempt to force the election supervisor in Florida's heavily-Democratic Broward County to update a list of early voters. The GOP plaintiffs had alleged that a non-updated list could allow a voter to vote in early voting and then show up at the polls again on Election Day. Broward officials say that in any event the list will be updated by 7 AM Tuesday. In making his ruling, Circuit Judge David Krathen said that "No court can micromanage an election and I have no intention of doing so". AP has more

[JURIST] The Ohio Attorney General has filed motions in the Sixth US Circuit Court of Appeals seeking a last-minute stay of two federal court orders handed down Monday morning barring partisan challengers from the polls (see JURIST reports here and here). Ohio State University's Moritz College of Law has the case materials here and here. In a related development, the Ohio Supreme Court has reversed a ruling [PDF] by state Common Pleas Judge O'Donnell that had limited the number of challengers at each polling place to one, overturning a directive from the the Ohio Secretary of State that limited the challengers to one per precinct. The Supreme Court reversed the holding "based solely on this court's interpretation of state statutes." The Ohio Supreme Court order is here [PDF].

Also late Monday, Judge Debevoise of the US District Court in Newark New Jersey ruled that the Republican party cannot use a list of 23,000 names to challenge voters at the Ohio polls contrary to a previous New Jersey consent decree. AP has more.

[JURIST] AP is reporting that the Republican Party of Florida has sued to enjoin the Broward County Florida election supervisor to update the list of early voters in the heavily Democratic county. The list being given to local precincts had been updated as of Sunday, and the Republicans are concerned that people may have voted today (Monday) and show up again to vote on Tuesday. A circuit judge in Fort Lauderdale was hearing arguments this evening in the case, but it was unknown if there would be a ruling before the polls open Tuesday.

[JURIST] In Monday's corporations and securities law news, Oracle Corp. announced it was boosting its hostile bid for PeopleSoft to $9.2 billion. Oracle raised its offer after the EU approved its bid believing PeopleSoft will remove the remaining barriers to a deal. Read the Oracle press release here. Read a transcipt of Oracle's conference call here [PDF]. Read the letter sent by Oracle to PeopleSoft calling this their final and best offer here [PDF]. AFP has more.

In other news, Nathan Chapman Jr., a former pension fund manager in Maryland, was sentenced to 7 and a half years in prison on charges he defrauded the state retirement system and looted his own investment company. Chapman was also ordered to pay $5 million restitution. The Baltimore Business Journal has more.... GE Commercial Finance will lend Delta Air Lines Inc. $500 million of financing in a move to help the troubled airline avoid bankruptcy. AP has more.... As previously reported on JURIST's Paper Chase, in more troubling news for oil giant Yukos, Russian tax authorities hit the company and its main production unit with two new tax claims for nearly $10 billion. The company now owes a total of $17.6 billion to the government. Paper Chase has background on Russia's case against Yukos. The Russia Journal has continuing coverage of Yukos' court battles. AP has more.... US regulators are investigating ABN Amro, the Netherlands' largest bank, for possible money laundering violations. AP has more.... As previously reported on JURIST's Paper Chase, Florida's Supreme Court will hear arguments Wednesday in its review of a lower court ruling throwing out a $145 billion jury verdict against the tobacco industry. The Florida Supreme Court has briefs and other case documents. AP has more.... Argentina has submitted its debt restructuring offer to the SEC which allows the country to reschedule payments on about $100 billion of debt. Bloomberg has more.

[JURIST] The upper house of Pakistan's parliament passed a bill today which allows Pervez Musharraf to remain as both the country's president and army chief until 2007. The lower house had already passed a similar version of the bill. Musharraf had pledged to step down as army chief by the end of the year as part of a deal with opposition leaders. Supporters of the bill feel Musharraf must keep both offices to safeguard the country's security. Leaders of the opposition, who call the bill a breach of a previous agreement, have threatened to take away their support of the constitutional amendment that legitimizes Musharraf's military rule. BBC has more.

[JURIST] Defense lawyers for two detainees in Guantanamo Bay have challenged the government's ability to hold trials by a special military commission. A three-member military panel sitting at Guantanamo is hearing a series of motions today disputing the charges and the three-year detention of the detainees. The defense contends the US cannot charge someone for a crime committed before the creation of the commissions and that since Osama bin Laden's al-Qaida organization is not a state, international laws of war do not apply. President Bush ordered the commission three years ago to deal with terror suspects apprehended in Afghanistan. If the panel accepts the motions, the entire trial process will most likely disrupt or postpone trials of other detainees. The Department of Defense has more information about the military commissions here. AP has more.

[JURIST] As the final hours of campaigning wind down, JURIST is completing preparations for an unprecedented "all nighter" as our law faculty and law student staff gears up for continuous coverage of returns and legal developments relating to the vote, beginning at 6 PM ET Tuesday. For unique legally-oriented live coverage of the 2004 election, join our team of reporters and commentators right here.

[JURIST] Challenging a state Board of Elections decision that it claims could void hundreds of provisional ballots cast on Election Day, the ACLU of Rhode Island filed an emergency lawsuit against the state on Monday. The ACLU claims that the Board of Elections has decided to not count provisional ballots cast by voters who failed to present the necessary photo identification required if they had registered by mail after Jan. 1, 2003 without submitting an identification document. The lawsuit, which seeks a court order mandating that any disqualification of ballots be on grounds other than failure to present ID, alleges that the state policy will create "placebo ballots" for hundreds of voters, and violates the Help America Vote Act (HAVA) of 2002. The ACLU argues that the state policy will mostly affect voters who do not drive, thus impacting low-income voters. See the ACLU press release.

[JURIST] Despite speculation that he would soon announce his retirement because of persistent criticism of his views, UK Lord Chief Judge Lord Woolf has announced that he will not step down as planned in 2004, but rather will stay in his position for the government's constitutional reforms. Some of the issues over which Lord Woolf has clashed with opponents include sentencing, the use of prisons, and plans to end the appellate rights of asylum seekers whose requests were denied. BBC News has the full story. A brief biographical sketch of Lord Woolf is available here. BBC News has more on the causes and implications of Lord Woolf's battles with critics.

[JURIST] Russian officials demanded $10 billion more in back taxes from troubled oil giant Yukos on Monday. Yukos, Russia's top oil producer with over 1 million barrels per day, is expected to sell its main unit, Yuganskneftegaz, on Monday. Analysts say that this unit could be purchased by the state, or by gas monopoly Gazprom, for as little as $4 billion. Former Yukos chief Mikhail Khodorkovsky was arrested a year ago and is currently on trial for fraud and tax evasion. The latest demands look to push Yukos past $17 billion in debt. CNN has more. Paper Chase has background on Russia's case against Yukos.

[JURIST] Closing arguments begin Monday in the much-publicized murder trial of Scott Peterson. The prosecution plans to focus on the pressures of debt, fatherhood, and an extra-marital affair which allegedly led to the murders of Laci Peterson and her baby, Conner. The defense will give its 2-3 hour closing argument tomorrow. Lead defense attorney Mark Geragos is expected to emphasize the lack of physical evidence in the case. The jury is expected to begin deliberations on Wednesday. KABC in Los Angeles has more. Court TV will be broadcasting the complete closing arguments live from the courtroom, but cameras will not be allowed in the courtroom when the verdict is eventually read.

[JURIST] The 12-person jury in the first Enron criminal trial returned to work Monday and began the task of sorting through stacks of e-mails, business papers, and six weeks of testimony. The Houston-area jury had begun to deliberate last week, but only managed to get in a few hours before disbanding for the weekend. The jury is charged with making 21 individual decisions on guilt or innocence. On Friday, U.S. District Judge Ewing Werlein ordered lawyers to prepare an index of all government and defense exhibits, as well as citations of applicable law, for the jury. Lawyers believe it will take the jury a long time to sort through all of the material. The Houston Chronicle has more. Paper Chase has background on the Enron legal issues.

[JURIST] Florida's Supreme Court will hear arguments Wednesday in its review of a lower court ruling throwing out a $145 billion jury verdict against the tobacco industry. The state Supreme Court will also consider a ruling allowing Florida smokers to sue as one. The court has not said why it is reviewing the rulings from the 3rd District Court of Appeal, but three issues have received attention: whether smokers could join together as a class, the appeals court's elimination of punitive damages based on Florida's settlement of its Medicaid reimbursement claims, and the trial court's allowing the punitive damage award for all smokers when compensatory claims of only three cancer patients were allowed. The Florida Supreme Court has briefs and other case documents. AP has more.

[JURIST] The US Supreme Court granted certiorari Monday in Castle Rock v. Gonzales, where the court will decide whether local governments can be sued for failing to enforce restraining orders. Jessica Gonzales is suing the Colorado city of Castle Rock for failing to enforce a restraining order against her estranged husband, who eventually killed the couple's three daughters. Gonzales argues that by failing to enforce the restraining order, the city violated her constitutional due process rights. Read the 10th US Circuit Court of Appeals opinion in the case. AP has more.

Among the cases the Court declined to hear was an appeal by convicted assisted suicide advocate Jack Kevorkian. Kevorkian argued that he had an ineffective attorney during his second-degree murder trial. AP has more. The court also declined to hear an appeal by drug manufacturer Wyeth over evidence that fen-phen users want to present in lawsuits claiming heart valve damage. AP has more. Read the Court's full Order List [PDF].

[JURIST] Chief Justice William Rehnquist was absent from Monday's US Supreme Court session, saying that he will follow his doctors' advice and continue to recuperate from last week's surgery at home. Rehnquist also disclosed Monday that he is undergoing radiation and chemotherapy for thyroid cancer, but said that he will continue to work on court matters, including opinions for cases already argued. Goldstein & Howe carry the text of Rehnquist's press release on their SCOTUSblog. As reported earlier this morning on JURIST's Paper Chase, the Supreme Court hears arguments today in two cases involving the definition of taxable income and interpretation of the Merchant Marine Act. Paper Chase has background on Rehnquist's health and AP has more.

[JURIST] As reported earlier this morning on JURIST's Paper Chase, US District Judge Susan Dlott (in the Southern District of Ohio) has ruled that partisan voter challenges in Ohio's Hamilton County are unconstitutional. Read the ruling [PDF] and an analysis of the decision from Moritz College of Law. The Ohio Republican Party called the decision erroneous and said that will appeal to the Sixth US Circuit Court of Appeals. AP has more.... In a second federal ruling in Ohio, US District Judge John Adams (in the Northern District of Ohio), has ruled that challengers cannot be present at polling places for the sole purpose of challenging voters. Read Judge Adams' order [PDF].... The building housing Florida's Division of Elections was evacuated Monday morning after a security guard reported a suspicious package. A spokeswoman for Florida's Department of State said that the evacuation wouldn't affect Tuesday's election. AP has more.

[JURIST] US District Judge Susan Dlott ruled Monday morning that partisan voter challengers at Ohio's polling places are unconstitutional. Dlott's ruling comes in a lawsuit seeking to remove challengers from polling places on the grounds that Republicans have discriminated against African-Americans by challenging new voter registrations in predominately black precincts. The ruling is in line with last week's recommendation by Ohio Secretary of State Ken Blackwell that challengers, who can question a person's identity, age, residency or citizenship before they receive a ballot, be banned from polling places. Dlott issued an injunction barring challengers at polls in Ohio's Hamilton County, "because of the grave due process and equal protection issues raised by the challenge process as it is to be employed in the November 2, 2004 election." In her ruling, Dlott writes:

This Court finds that the presence of vast numbers of challengers inexperienced in the electoral process, under these conditions, imposes a severe burden on the right to vote of individual voters and of Ohio voters at large.... In this case, the portion of § 3505.20 allowing private challengers to challenge the eligibility of a person offering to vote at a precinct is not narrowly tailored to serve Ohio's compelling interest in preventing voter fraud. Under the statute, bipartisan election judges and any elector then lawfully in the polling place may challenge the eligibility of any person offering to vote at that precinct. Election judges are seasoned, experienced workers in the electoral process. Defendant Burke testified that he and his co-chair of the Hamilton County Board of Elections were quite concerned when they saw that so many challengers had registered to be present on election day and were likewise concerned with the impact of several hundred lawyers attempting to take over the challenge process from the poll workers who are experienced in conducting that process.... Further, Defendant Blackwell's recommendation that the challengers be removed from the polls strongly undermines any argument that having these challengers at the polls is narrowly tailored to serve a compelling state interest. Defendant Blackwell's recommendation highlights the fact that the chief elections official of Ohio believes that fair elections can occur without the challenge process. The conflict between Secretary of State Blackwell and Attorney General Petro indicates that even the two top officials responsible for enforcement of election laws disagree over the manner in which to proceed. How can the average election official or inexperienced challenger be expected to understand the challenge process if the two top election officials cannot?

[JURIST] Former Yugoslav President Slobodan Milosevic (BBC profile here) was awarded the right to run his own legal defense Monday by the Appellate Division of the International Criminal Tribunal for ther Former Yugoslavia. Milosevic's failing health had resulted in that right being revoked on the grounds that he lacked competency to properly conduct his case. Defense counsel that were later assigned to him disputed the ruling, indicating that Milosevic would not co-operate with them and that he should have the right to specify his own method of defense. The appellate court agreed so long as Milosevic's health permits, but has required that the appointed counsel stay attached to the case to protect Milosevic's rights as a defendant. Read the ruling here. Read the ICTY press release here.... Martial law was imposed in the interior province of Henan in China following riots and fighting between ethnic groups. Locals say the conflict between the majority Han community and the minority Hui muslim community are rare, but unofficial reports have placed a confirmed seven deaths at the door of the riots, and the entire province is reporting similar violence. Chinese official media have not run any stories about the violence and locals claim that a news blackout has been imposed in the affected regions. Martial law creates greatly expanded police powers and allows for the use of the military in purely civilian matters. Reuters has more.... The peace talks in Nairobi between the Sudanese government and the armed militias adjourned Monday for the Muslim holy month of Ramadan. The talks had been working towards a stabilization agreement for the ravaged Darfur region of Sudan. Early reports have minor officials resuming talks on November 26 and Sudanese Vice-President Ali Osman Taha and Sudan People's Liberation Movement/Army (SPLM/A) leader John Garang meeting again on December 11. JURIST's Paper Chase has background on Sudan. The Sudan Tribune has more.... UN peacekeepers have arrested over 200 in Liberia following days of riots there that hopsitalized more than 200 and killed 14. The violence followed the deadline Sunday that all weapons be turned in to UN Peacekeepers. UN envoy Jacques Klein termed the violence 'the death throes of the [old] regime' and said that since tribal differences no longer seem to be a flashpoint for violence, the rebels are seizing on religious differences; several churches and mosques were attacked in the rioting. Klein denied that there was any threat to the permanent stability of the country. BBC News has more.

[JURIST] Here's a run-down of law-related events, expected developments and live webcasts on JURIST's docket for Monday, Nov. 1.

The US Supreme Court resumes hearing arguments today, with oral arguments in the consolidated cases of CIR v. Banks and CIR v. Banaitis (case summary from Duke Law School) scheduled for 10 AM ET. In the case, the Court will decide whether contingency fees paid to attorneys from litigation or settlement awards are taxable income. The ABA has merit briefs filed in the case. The Court will also hear arguments in Stewart v. Dutra Construction Co. (case summary from Duke Law School) this morning, in which it will consider what qualifies as a "vessel" under the Merchant Marine Act of 1920 for purposes of a marine engineer's personal injury suit against his employer. The ABA has merit briefs for the case.

Federal judges in Ohio and New Jersey are expected to rule on whether voters' qualifications may be challenged on election day. Three Ohio judges will address parts of the issue in the state. District Judge Dickinson Debevoise in New Jersey is set to rule on the legality of such challenges nationwide. Election Law at Moritz Law School has coverage of the Ohio suits. JURIST's Paper Chase has background. The Cleveland Plain Dealer has more on one of the challenges.

Hearings begin today before a military commission at Guantanamo Bay on motions by two detainees, David Hicks and Salim Hamdan. More on the military commissions is available here. The Miami Herald has more.

The US House and Senate are in recess until Tuesday, Nov. 16.

International Atomic Energy Agency Chief Mohammed El Baradei will present an annual report on nuclear programs to the UN this morning. A live webcast begins at 9:30 AM ET (via C-SPAN 3).

Today at the International Criminal Tribunal for the former Yugoslavia, the appeals chamber is expected to rule on whether former Yugoslav President Slobodan Milosevic can resume representing himself in his war-crimes trial. JURIST's Paper Chase has background on the Milosevic trial. AP has more. The trials of Naser Oric, Momcilo Krajisnik, and Enver Hadzihasanovic and Amir Kubura continue. Watch a webcast of the Oric trial beginning at 3:30 AM ET (9:30 AM local time). The webcast is on a 30-minute delay for witness protection purposes. ICTY has background on the Oric trial, Krajisnik trial and the Hadzihasanoviv and Kubura trial.