[JURIST] Proposition 200, the Arizona state initiative aimed at keeping illegal immigrants from receiving public benefits, is limited to certain welfare-related programs, Arizona Attorney General Terry Goddard ruled Friday. Goddard wrote an advisory legal opinion [PDF] to clarify some of the confusion regarding the reference to "state and local public benefits" in the text of the Proposition. He stated that the proposition should apply to Arizona's welfare law, because the proposition amended that law. However, many welfare programs, including food stamps and Temporary Assistance to Needy Families, are exempt because they are federally required. The proposition, approved by voters on November 2nd, should become law later this month. AP has more. JURIST's Paper Chase has background on Proposition 200.

[JURIST] Haitian Prime Minister Gerard Latortue announced Friday that his country will seek the arrest of exiled former president Jean Bertrand Aristide, now in refuge in South Africa. An international warrant will be issued as soon as possible, based on allegations of fraud and political crimes. Latortue created a commission to look into the diversion of funds during Aristide's administration between 2001 and 2004. Aristide fled Haiti in February of this year amidst a bloody rebellion; the country has experienced unrest in recent months. Aristide and his supporters have claimed that Latortue is looking for a scapegoat for this violence. AFP has more.

[JURIST] FedEx Corp. stated Friday that it would challenge an order by the US Department of Transportation to pay back part of the federal money it received as a result of the post-9/11 Air Transportation Safety and System Stabilization Act [PDF]. The Act was created to provide financial relief to US air carriers after the terrorist attacks. The Department of Transportation says, however, that FedEx received an excess of $29 million over the $72 million to which DOT claimed FedEx was entitled. FedEx disagrees with DOT's interpretation of the law, and claims that its own calculations are correct. AP has more.

[JURIST] Speaking to the Federalist Society annual national conference on Friday, US Attorney General John Ashcroft denounced a trend towards activist judges who are second-guessing presidential determinations. Ashcroft, in his first remarks since announcing his resignation earlier this week, stated that federal judges are jeopardizing national security by issuing rulings contradictory to President Bush's decisions regarding America's obligations under international treaties and agreements. AP has more. Earlier this year, a divided Supreme Court held that the president lacks the authority to hold "enemy combatant" terror suspects indefinitely and without access to lawyers; this week, a federal judge stopped proceedings for a trial before a US military commission in Guantanamo Bay, Cuba.

[JURIST] The Justice Department Friday formally filed notice that it will appeal the ruling that stopped the military commission trials in Guantanamo Bay, Cuba. On Monday, Judge James Robertson of the US District Court for the District of Columbia stated that absent a ruling to the contrary by a "competent tribunal", the Third Geneva Convention on prisoners a war applies to terror detainees held in Guantanamo Bay (as reported here in JURIST's Paper Chase). Salim Ahmed Hamdan, Osama bin Laden's driver who case was before Robertson, therefore had to be tried before a court-martial convened under the Uniform Code of Military Justice, not the military commissions convened by the Department of Defense. UPI has more.

[JURIST] In an 8-5-1 decision, the Florida First District Court of Appeals ruled Friday that the state's 1999 school voucher law violates the state constitution because it allows tax dollars to be spent on religious schools. The law states that a student in a public school who receives failing grades for two out of four years can attend a private school on state vouchers. The holding today is a result of a full appellate court review, requested by the state, of an August ruling holding the statute unconstitutional. Read the opinion here[PDF]. AP has more.

[JURIST] Jurors in the Scott Peterson trial have returned a verdict of guilty on the charges of first-degree murder for the death of his wife, Laci Peterson, and second-degree murder for his unborn child, Conner. Peterson stood trial on accusations that he killed his eight months pregnant wife on or about Christmas eve of 2002 and then dumped her body into the San Francisco Bay. The highly anticipated verdict, read out in the courtroom and broadcast live, had been deliberated by the jury for only a few hours, ending a hectic week that resulted in the dismissal of two jurors by Judge Alfred A. Delucchi. Peterson faces a sentence of death or life in prison without parole for the first-degree murder conviction. A second-degree murder conviction warrants a sentence of 15 years to life in prison.

4:20 PM ET - CNN has a story here.

[JURIST] Software developer Novell announced Friday that it has filed a new antitrust lawsuit against Microsoft in a Utah District Court. Read the Novell press release. Novell seeks an unspecified amount of damages for Microsoft's efforts to dominate the 1994-96 market for office data processing software such as Microsoft's Word and Novell's WordPerfect. It additionally claims that Microsoft was uncooperative in releasing technical information regarding Microsoft's Windows operating system, thereby hampering the efforts of Novell to release new versions of their products. On November 8th, in a similar antitrust suit, Novell agreed to settle with Microsoft for $536 million cash in a claim involving NetWare, a new operating system developed to compete with Windows. JURIST's Paper Chase has that story here.

[JURIST] Judge Alfred A. Delucchi has announced that the jury in the Scott Peterson murder trial in Redwood City, California, has reached a verdict which will be read out at 4 PM ET (1 PM local). Watch live coverage here via MSNBC.

2:50 PM ET - CBS5 in San Francisco has a story here.

[JURIST] A Milan prosecutor made her closing argument Friday in the corruption case against Italian Prime Minister Silvio Berlusconi. Prosecutor Ilda Boccassini summed up the evidence against Berlusconi, saying that there was more than enough to convict him of accepting bribes and bribing judicial officials. If convicted, Berlusconi faces up to 8 years incarceration. Boccassini presented records of a $400,000 plus bank transfer that she claimed was 'documentary proof' of Berlusconi's widespread bribery. Deutsche Welle has more.... A government commission set up by British Prime Minister Tony Blair released its report Thursday on recommendations for action in the African continent. The Commission for Africa was developed in February as part of Blair's promised focus on Africa during the UK's term as head of both the EU presidency and the leadership of the G-8 nations. The Commission called for an increase in international activism from both govermental and non-governmental organizations in such areas as national debt, poverty, the HIV/AIDS crisis, and fair trade. Read the official report here. The UK's Government News Network has the official announcement of the report here.... Officials from Japan and North Korea announced Friday that talks between the two nations concerning the abduction of Japanese citizens in the 1960's, 70's and 80's have been extended. The talks, which began Tuesday, are the third round of meetings between the two countries to discuss the possible return of any Japanese citizens still living. The Kyodo News has more.... Russian Defense Minister Sergei Ivanov announced Friday that a large portion of Russian troops currently tasked to Chechnya would be withdrawn, and that conscript soldiers would no longer be used in the area. The Russian military will be withdrawing over 1000 personnel from the area, leaving the 42nd Motorized Division as the only Russian military presence in the area. The decision comes on the same day as Russian human rights group Memorial announced that its studies have shown 126 Chechnyan citizens are still being held captive by rebel forces. Memorial also stated that over 250 citizens have been killed in what it called 'terrorist-related incidents'. The Guardian has more on the troop decrease. The Washington Times has more on Memorial's report.

[JURIST] A federal district judge Friday questioned a decision by US Attorney General John Ashcroft to seek the death penalty for convicted mob boss Joseph Massino. District Judge Nicholas Garaufis of the US District Court for the Eastern District of New York questioned the timing of Ashcroft's decision after he announced his resignation earlier this week, and Garaufis said he would order prosecutors to seek a review by the new attorney general. Massino was convicted in July on multiple charges stemming from his leadership of the Massino crime family. Ashcroft approved seeking the death penalty for Massino's conviction for the 1999 killing of Gerlando Sciascia, a member of the crime family. AP has more.

[JURIST] In Friday's environmental law news, Department of Health and Human Services (HHS) Secretary Thompson has announced that starting in January all tobacco will be banned on HHS property. The Department, which has about 66,000 employees, currently bans smoking inside its buildings. The new ban will extend the smoking ban to all outdoor property as well as including smokeless tobacco products. Enforcement with the new policies will be done by securities officers who will issue warnings and submit violators' names to supervisors for possible additional action. HHS is also beginning treatment programs for smokers, providing counseling and products for coping with withdrawal, such as nicotine gum and patches. HHS has set up a website with advice for quitting smoking here. The Washington Post has more.

In other news, the former project manager at the Anaconda mine superfund site in Nevada has filed a whistleblower complaint against the Bureau of Land Management. Earle Dixon worked as the environmental protection specialist overseeing various pollution and hazardous materials issues at the mine. He was dismissed on October 5, 2004, and claims that he was fired for pointing out numerous problems at the site that would increase cleanup costs. PEER News has more.... The UK Environment Agency has fined Kronospan Co., a maker of wood panels and flooring, about US$111,000 for eight counts of water pollution. The company spilled oil into a tributary in July 2003 and had accidentally released non-treated effluent into a river over a period of months. BBC News has more.

[JURIST] NY Attorney General Eliot Spitzer is expected to file suit Friday or Monday against health insurance consulting firm Universal Life Resources, stemming from a seven-month investigation into bid-rigging in the insurance industry. United Policy Holders, a consumer insurance group, has already filed suit against Universal, alleging that the company accepted payments from insurers to send customers. Spitzer accused Marsh & McLennan, the world's largest insurance consultant, of similar charges last month. JURIST's Paper Chase has ongoing coverage of Spitzer. Reuters has more.

1:30 PM ET - Spitzer's office has filed the suit against Universal. Read the complaint [PDF] and a press release from the AG's office. The Financial Times has more.

[JURIST] The ACLU has sued MA police and port authority over a new security program at Boston's Logan International Airport, which the civil rights group claims leads to racial profiling. In the suit filed Wednesday, the ACLU argues that the "behavior pattern recognition" used by security at the airport "condones and encourages" racial profiling. State police said the program does not use profiling, instead focusing on travelers' behavior, such as loitering without luggage or watching how security in the airport operates. Police said the training program emphasized avoiding profiling. The suit was brought on behalf of the ALCU's coordinator for racial profiling, King Downing, who claims he was harassed by police there last year. Read the ACLU press release, and access the complaint. AP has more.

[JURIST] Ten days after the last ballots were cast, the Washington state governor's race remained too close to call Friday, and the state Democratic party said it was considering options including legal action. State officials still have thousands of provisional ballots to count and only about 3,600 votes separate leader Republican Dino Rossi and Democrat Christine Gregoire. Much of the controversy over the count has centered on King County (county election information), where officials have found 900 provisional ballots with signature problems and the state Democratic Party has alleged intimidation of election workers by Republicans. The state has Republican Party denied the charge. Certified results are expected from King County next Wednesday, while statewide results must be certified by Dec. 2. The Washington Secretary of State has the latest results in the governor race. WA state elections laws are available here. The Seattle Times has more.

[JURIST] A UK judge Friday upheld the withdrawal of legal aid funding for Real IRA leader Michael McKevitt in his High Court case against relatives of victims in the Omagh bombing. The Legal Services Commission, the UK public legal services agency, withdrew aid to McKevitt after ruling that he lied on his application. McKevitt and four others are being sued for 14 million pounds by the Omagh Victims' Civil Action Group, made up of relatives of the 28 people killed in the 1998 bombing claimed by the Real IRA. McKevitt is also serving a 20-year prison sentence in the Republic of Ireland for directing terrorism. BBC News has more.

[JURIST] A human rights group has sued two former high-ranking Somali officials currently living in the US, alleging that the two took part in torture and killings in their home country during the 1980s. San Francisco-based Center for Justice and Accountability filed suit Wednesday against Mohamed Ali Samatar, a former defense and prime minister in Somalia, and Yusuf Abdi Ali, a former military commander, both of whom are living in Virginia. The lawsuit was brought on behalf of eight Somalis now living in the US who claim they were victims of the two former leaders. The suit is part of an increasing trend of private groups seeking accountability of former leaders implicated in human rights abuses who have obtained refuge in the US. Read the complaints (Ali Samatar [PDF] and Abdi Ali [PDF]). CJA has more on its case against Ali Samatar and Abdi Ali. The Washington Post has more.

[JURIST] Gay rights groups have adopted a cautious legal approach to challenging 11 state constitutional bans on gay marriage adopted by referendum in the Nov. 2 elections. Many of the groups fear that an all-out legal assault on the new laws could create a backlash generate public hostility. Instead, groups such as the ACLU's lesbian and gay rights project and the National Gay and Lesbian Task Force said they will challenge procedural issues involving the bans and target laws restricting civil unions and benefits for same-sex partners. Eight of the 11 states approving bans included both marriage and civil unions in the referendum. Gay rights groups said they will likely challenge these actions in states that require consideration of only a single issue on referendums. The ACLU has more on same-sex marriage after the election, as does the Task Force here. The New York Times has more.

[JURIST] The Dutch parliament (official site in Dutch) Friday asked the government to draft laws restricting the employment of imams at Dutch mosques only to those who have studied Islam in the country. A vote on the new law was delayed after Justice Minister Piet Hein Donner said it may be considered discriminatory unless applied to all religions. If enacted, it would likely take effect in 2008. The legislation has support from both the government and opposition after the past two weeks have seen a series of attacks and reprisals after the killing of a filmmaker by a Muslim radical. Since the killing, thirteen have been arrested on suspicion of terrorism, but the Dutch government has been criticized as underestimating the threat posed by terrorists. The Dutch Justice Ministry has more on the tense situation. The Guardian has more on the violence in the Netherlands. AP has more.

[JURIST] The International Atomic Energy Agency has reported that South Korea conducted illegal nuclear tests in the 1980s and 2000, in which it secretly extracted or enriched small amounts of plutonium and uranium. Although the tests did not produce enough uranium for a weapon and South Korea has repeatedly stressed it does not intend to build one, IAEA chief Mohammad ElBaradei said the tests were a serious concern. The revelation could cloud international efforts to negotiate with North Korea, which is widely suspected of already having produced several nuclear bombs. South Korea's tests may have violated the nuclear Non-Proliferation Treaty, which could result in referral to the UN Security Council. From South Korea, JoongAng Daily National has more on officials' efforts to downplay the IAEA report. BBC News has more.

[JURIST] Here's a run-down of law-related events, expected developments and live webcasts on JURIST's docket for Friday, November 12.

New Mexico is expected to complete its count of provisional ballots today, as required by NM Stat. Ann. s. 1-13-13. The NM Secretary of State has more.

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

Today is a UN holiday. There are no Security Council or General Assembly meetings scheduled, and no hearings scheduled at the International Criminal Tribunal for the Former Yugoslavia at The Hague.