[JURIST] In Tuesday's environmental law news, prosecutors in Indonesia announced they have decided to go ahead with charges against 6 executives of the Newmont Mining Corporation for allegedly contamininating the Buyat Bay. The prosecutors are awaiting a final dossier from local police, and hope to officially file the charges in a few weeks. Five of the officials had already been jailed for a number of weeks earlier this year while prosecutors decided whether to charge them. A major issue is the contamination itself- two earlier studies have not shown any contamination from the mine in the bay's water, while a recent government study shows mercury and arsenic in the bay's sediment. The mine itself was closed in August due to depleted resources. The accusations are from when it was in operation. Reuters has more.

In other news, Hong Kong's Food and Environmental Hygiene Department has partially lifted a ban on the import of Canadian beef. The ban was enacted in May 2003 following a case of mad cow disease in Canada. Hong Kong will begin by allowing only boneless beef from cattle under 30 months old, and will make further allowances as necessary. The press release is here.

[JURIST] Updating a story reported Monday on JURIST's Paper Chase, the US Securities and Exchange Commission has bowed to pressure to make public its revised proposals for US stock trading reform in order to allow continued public debate on the issue. Following intense lobbying amidst securities industry fears that a plan proposing major changes would be put to a vote with no further public discussion, the Commission announced Tuesday that its staff will recommend publication of the proposals to a Dec. 15 commissioners' meeting. Read the SEC statement here. The Financial Times has more.

[JURIST] The Louisiana Supreme Court Wednesday will consider the constitutionality of the state's Defense of Marriage amendment [PDF] banning gay marriage. The amendment, overwhelmingly passed by voters in September, was struck down in early October by State District Judge William Morvant, who found the amendment's structure violated a state constitutional requirement that any amendment deal with only one issue. Judge Morvant ruled the amendment banned same-sex marriages and also prevented the state from recognizing any legal status for common-law relationships, domestic partnerships or civil unions between both gay and heterosexual couples (see this previous report on JURIST's Paper Chase). Supporters of the amendment counter that these matters are merely a subset of the main issue, that of defining marriage as only a union between a man and woman. AP has more.

[JURIST] NAACP President Kweisi Mfume announced Tuesday that he is resigning as the head of the nation's oldest and largest civil rights group after serving in that position since 1996. The organization's legal counsel, Dennis Hayes, will serve as interim president. Mfume, whose adopted West African name translates to "conquering son of kings," started his career as a popular radio talk show host and political activist in the 1970s before serving on the Baltimore City Council and in the US House of Representatives. Mfume said his service to the NAACP "has been the most rewarding and the most fulfilling experience in my life." Read the NAACP press release here. AP has more.

[JURIST] The US Supreme Court heard arguments Tuesday in Jackson v. Birmingham Board of Education (case summary from Duke Law School), a landmark gender equity case where the court will decide whether Congress intended under Title IX to allow lawsuits persons complaining of gender bias even if they are not direct victims. Title IX, best known for promoting women's athletics, bars discrimination in any educational program receiving federal funds. In this case, a basketball coach lost his job in 2001 after repeatedly asking the Birmingham Board of Education to provide his girls' team with a regulation-size gym just like the boys’ team. The Justices appear to be divided along ideological lines with the liberal group saying barring this action will deter other discrimination complaints, while the conservative group suggested Congress never intended for these type of suits. The government, which joined with the coach, argued the suit should be allowed to go forward because it is vital to the promotion of the purposes behind the act. Kenneth Thomas, a lawyer representing the Birmingham school board, argued that the statue does not include the word ’retaliation’ and allowing whistleblowers to sue would open school districts to a wave of lawsuits that lawmakers never intended. While the lower courts in the case ruled against Jackson, other federal courts have reached an opposite conclusion in similar cases. Read the US Eleventh Circuit appeals opinion here. The ABA provides merit briefs filed in the case. Read the ACLU amicus brief here [PDF]. AP has more.

[JURIST] The US Court of Appeals for the First Circuit has ruled that the Massachusetts Bay Transportation Authority violated the free speech rights of a group promoting the legalization of marijuana when it refused to accept advertisements by the group. In an opinion released Monday, the court ruled that MBTA’s decision not to permit the ads by Change the Climate violated the First Amendment because it was based on viewpoint discrimination. MBTA argued that it could prohibit the ads, alleging the ads encouraged kids to smoke marijuana, but the court found that they were no more influential on minors than alcohol ads carried by MBTA. Read the opinion here. AP has more.

[JURIST] A bill allowing Pakistani President Pervez Musharraf to continue in his dual role as head of the army has been signed into law and will take effect at the end of the year. Musharraf had promised opposition parties that he would step down as army chief, but he has since said that changed circumstances required continuity and security. The bill was signed by acting President Mohammed Mian Soomro, as Musharraf is currently visiting South America. Opposition parties have been protesting the move. JURIST’s Paper Chase has background on the new law. The Pakistan Times has local coverage. BBC News has more.

[JURIST] Reuters is reporting that Department of Homeland Security Secretary Tom Ridge has resigned.

[7:30 P.M.] AP has more on the resignation, with quotes from Ridge and additional speculation on likely successors to the Homeland Security post.

[JURIST] In Tuesday's corporations and securities law news, the SEC announced American International Group Inc. (AIG), the world's largest insurance company, has agreed to pay $126 million to settle charges it helped companies fraudulently inflate earnings. AIG will pay a fine of $80 million and repay $46 million in ill-gotten gains plus interest and also agreed to appoint an independent consultant to review business transactions. The settlement covers the Justice Department's related criminal investigation. Read the SEC press release here. Read the AIG press release here. Read the SEC litigation release and complaint [PDF] in the matter. Reuters has more.

In other news, the SEC has upgraded its investigation into Pro-Pharmaceuticals from an informal inquiry to a formal probe. The investigation relates to accusations that false and misleading statements about the company were made, perhaps by its own officials. Read Pro-Pharmaceuticals reaction to the change in the investigation here [PDF]. AP has more.... As previously reported on JURIST's Paper Chase, the SEC announced the extension of its deadline for smaller companies to get into compliance with one of the key provisions of the Sarbanes-Oxley Act [PDF]. Read the SEC press release here. The Street.com has more. In other Sarbanes-Oxley news, as previously reported on JURIST's Paper Chase, a federal district judge has upheld the constitutionality of the Sarbanes-Oxley Act [PDF] against a challenge by former HealthSouth CEO Richard Scrushy, the first executive charged under the act last year for his alleged oversight of a scheme to restate the companies by almost $2.7 billion. View the indictment [PDF] against Scrushy, who is free on $10 million bond. Filings in the case are available here. AP has more.... Federal authorities handed down indictments against three former El Paso Corp. workers, one former Dynegy employee and one from Reliant Energy for collusion in reporting fictitious trading data to trade publications which artificially moved the price of natural gas up and down. The Houston Chronicle has more.... Bankruptcy Judge Judith Fitzgerald approved Halliburton's KBR unit's $1.5 billion agreement with insurance companies which will allow the subsidiary to emerge from bankruptcy by year's end. Read the KBR press release announcing the approval here. The Houston Chronicle has more.... As previously reported on JURIST's Paper Chase, the US Supreme Court ruled that the damages cap of $1,000 on recoveries under the Truth in Lending Act remained unchanged when Congress changed other TILA terms in 1995. Read the opinion here [PDF]. AP has more.

[JURIST] A federal district judge has upheld the constitutionality of the Sarbanes-Oxley Act [PDF] against a challenge by former HealthSouth CEO Richard Scrushy, the first executive charged under the act last year for his alleged oversight of a scheme to restate the companies by almost $2.7 billion. District Judge Karon Bowdre of the US District Court for the Northern District of Alabama rejected a challenge by Scrushy that the Act was unconstitutionally vague and charges against him under the Act be thrown out. Bowdre said that standards that may be unclear under the act should be weighed by the jury. The Act was passed in 2002 to address a series of corporate corruption and fraud cases by requiring corporate leaders to vouch for company financial statements. View the indictment [PDF] against Scrushy, who is free on $10 million bond. Filings in the case are available here. AP has more.

[JURIST] The UK High Court Tuesday lifted an injunction preventing a man from helping his scik wife travel to Switzerland for an assisted suicide. Family Division judge Justice Hedley lifted the temporary injunction, but ruled that police held discretion on whether to take action against the couple, identified only as Mr. and Mrs. Z. Mrs. Z was diagnosed with cerebellar ataxia, a degenerative brain disease, in 1997, and she has become too ill to travel alone. Hedley concluded that Mr. Z in making plans to take Mrs. Z to Switzerland, where assisted suicide is not illegal, had arguably violated the Suicide Act of 1961. BBC News has more on assisted suicide in the UK, which is currently illegal. BBC News has more.

[JURIST] The Quebec Court of Appeal Tuesday began hearing an appeal challenging the constitutionality of Canada's 1997 Tobacco Act. Lawyers for Canada's three largest tobacco companies told the court that the law, which bans tobacco sponsorship, restricts advertising and requires large warnings on cigarette packs, effectively constitutes a total ban on advertising. In a 1995 decision, the Supreme Court of Candada ruled that total bans on advertising are unconstitutional. During the five-day hearing, the federal government, the Canadian Cancer Society and anti-tobacco advocates will argue that the law permits informative advertising and is constitutionally valid. The Canadian Press has more. The Canadian Cancer Society provides background on the case, including a summary of its argument.

[JURIST] A spokesperson for opposition presidential candidate Viktor Yushchenko said Tuesday that Yushchenko is breaking off negotiations aimed at settling the political crisis that has arisen after Ukraine's presidential election. Current Prime Minister Viktor Yanukovych had offered to give Yushchenko the prime minister's post if he becomes president, but Yushchenko did not accept, saying he wants to focus on allegations of vote fraud. The Kyiv Post has more. Yushchenko's announcement comes as opposition protesters are trying to push their way into the Ukrainian parliament building following this morning's parliament vote to nullify its earlier decision declaring the election invalid (reported here on JURIST's Paper Chase). AP has more. JURIST's Paper Chase has ongoing coverage of the situation in Ukraine.

[JURIST] The Securities and Exchange Commission Tuesday unveiled new rules that give more time to more than 2,000 public companies struggling to compile reports on their safeguards against fraud and bad financial reporting. Smaller companies are having trouble meeting the reporting requirements mandated by Section 404 of the Sarbanes-Oxley Act [PDF], including the documentation of the existence and effectiveness of internal controls as well as an auditor review of the reports. Read this SEC press release and more from the Financial Times.

[JURIST] In a decision handed down Tuesday morning, the US Supreme Court ruled that the damages cap of $1,000 on recoveries under the Truth in Lending Act remained unchanged when Congress changed other TILA terms in 1995. The case is Koons Buick Pontiac GMC v. Nigh (case backgrounder from Duke Law School). Cornell's Legal Information Institute has today's opinion, per Justice Ginsburg, along with Justice Stevens' concurrence, Justice Kennedy's concurrence, Justice Thomas' concurrence, and Justice Scalia's dissent. AP has more.

[JURIST] Russian President Vladimir Putin introduced legislation Tuesday to the state Duma that would set a maximum service age for judges and justices of the peace at 70 years old. The stated goal of the legislation is to create uniformity in Russia's courts and to protect the independence of the judiciary. Itar-Tass has more.... Following up on a story reported Monday by JURIST's Paper Chase, Under-Secretary for the Sudanese Ministry of Humanitarian Affairs Abdel Rahman Abu Doma announced Tuesday that the Sudanese government is reconsidering an expulsion order for the two country heads from UK-based humanitarian aid agencies Oxfam and Save the Children. The Sudanese government stated that it believed the two aid agency chiefs had crossed the line from humanitarian assistance to political commentary and had broken the law. They were declared persona non grata and given 48 hours to leave Sudan. US State Department spokesman Richard Boucher called on Khartoum Monday to remove the ruling, pointing out the vital role that Non-Governmental Organizations play in relieving the suffering of the Sudanese people. The Sudan Tribune has more.... A UK High Court judge is expected to rule Tuesday on whether a local council should block a husband from taking his wife to Switzerland in order to give her access to assisted suicide. The woman, whose identity is being withheld for privacy reasons, suffers from the terminal illness of cerebellar ataxia, and asked her husband to help her end her life. Assisted suicide carries a 14 year sentence in the UK, but is legal in Switzerland. What is unclear is the local council's role in allowing travel to a country that would permit assisted suicide. The facility that provides the treatment in Switzerland has become the subject of protests over 'suicide tourists' that travel to Switzerland simply to end their lives. BBC News has more.

[JURIST] The New York-based Center for Constitutional Rights and four Iraqi citizens will file a criminal complaint in Germany Tuesday against Defense Secretary Donald Rumsfeld and seven other high-ranking US officials, seeking to hold the officials accountable for acts of torture allegedly carried out at Iraq's Abu Ghraib prison. German courts recognize the doctrine of universal jurisdiction, allowing prosecution of suspected criminals no matter where they are located, for crimes defined in the International Criminal Court's background on the case and Reuters has more. Der Spiegel has local coverage (in German). More details are expected later Tuesday.

[JURIST] Prompted by opposition presidential candidate Viktor Yushchenko, the Ukrainian parliament debated the country's presidential poll crisis Tuesday, but did not adopt a motion of no-confidence in Prime Minister Viktor Yanukovych, who was also the winner of the disputed election. The speaker of parliament said the debate was getting too confrontational and adjourned the debate until Wednesday. Also Tuesday, the Ukrainian Supreme continued its hearings into allegations of massive vote fraud. A decision in the case may come by the end of the week. BBC News has more.

Meanwhile, supporters of Yanukovych in Ukraine's eastern regions have responded to the crisis by calling for autonomy. As previously reported on JURIST's Paper Chase, the Donetsk regional legislature has scheduled a referendum for Sunday to determine whether voters support making the province a republic. Reacting to the threats of regional autonomy, Defense Minister Oleksandr Kuzmak said that "no matter what the circumstances, the Ukrainian armed forces will guarantee the stability, sovereignty and territorial integrity of Ukraine." AFP has more. Ukrainian President Leonid Kuchma also warned against separation, saying that "it is not allowed to separate Ukraine under whatever circumstances." Additionally, the Ukrainian Security Council said Tuesday that it has opened a criminal investigation into threats to Ukraine's territorial integrity by officials and other people who "publicly declare the necessity of splitting the southeast regions from Ukraine." JURIST's Paper Chase has ongoing coverage of the situation in Ukraine.

9:42 AM ET - According to this post on Kyiv-based journalist Veronica Khokhlova's weblog, the Ukrainian parliament voted Tuesday to annul its Saturday decision declaring the election invalid (reported here on JURIST's Paper Chase). A similar report can be found on a weblog maintained by a writer for the Kyiv Post.

[JURIST] A confidential report of the International Committee of the Red Cross charges the US military with intentionally using psychological and physical coercion "tantamount to torture" on Guantanamo Bay detainees, according to Tuesday's New York Times. The report also concludes that some doctors and other medical workers participated in planning for interrogations, which, according to the report, is a "flagrant violation of medical ethics." The ICRC report, based on a June visit to Guantanamo Bay, was sent to the US government in the summer, but the Times recently obtained a memorandum listing the report's major findings. The Times has more. The ICRC has issued this statement saying that it will not confirm or deny whether the Times article reflects its findings.

3:26 PM ET - US military rejects allegations of abuse of prisoners being held at Guantanamo. Reuters has more.

[JURIST] Here's a run-down of law-related events, expected developments and live webcasts on JURIST's docket for Tuesday, November 30.

The US Supreme Court will hear 10 AM ET oral arguments in the consolidated cases of Whitfield v. United States and Hall v. United States (case summary from Duke Law School), where the court will decide whether the commission of an overt act is an element of the crime of conspiracy to commit money laundering. The ABA provides merit briefs filed in the case. The Court will also hear arguments this morning in Jackson v. Birmingham Board of Education, where it will consider whether the private right of action for violations of Title IX encompasses redress for retaliation for complaints about unlawful sex discrimination. The ABA provides merit briefs filed in the case.

The US House and Senate are in recess. The US House will reconvene on Monday, December 6 at 2 PM. The US Senate will reconvene on Tuesday, December 7 at 9:30 AM.

The New America Foundation will host a forum on Tackling Taxes: Families, Fairness & Fundamental Reform, featuring, among others, Yale Law School Professor Michael Graetz. Watch a live webcast beginning at 10 AM ET (via C-SPAN).... Thomas Kean and Lee Hamilton, Chair and Vice-Chair of the National Commission on Terrorist Attacks upon the United States will hold a 12:15 PM ET press conference on the Commission's recommendations. Watch a live webcast (via C-SPAN).

The trial of Slobodan Milosevic continues Tuesday at the International Criminal Tribunal for the former Yugoslavia. Watch a webcast of the trial 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 Tuesday, the trial of Fatmir Limaj and his co-defendants continues at the ICTY. Watch a webcast beginning at 2:45 PM local time (8:45 AM ET); the webcast is on a 30-minute tape delay. The ICTY has case information.

At the United Nations, the General Assembly will meet at 10 AM ET to hear the report of the Committee on the Exercise of the Inalienable Rights of the Palestinian People and to consider the situation in the Middle East. Watch a live webcast. The discussion of the situation in the Middle East will continue into the General Assembly's 3 PM ET meeting.... The Security Council will hear a briefing by the Head of the Security Council Mission to Central Africa and will consider the situation between Iraq and Kuwait. Watch a live webcast beginning at 11 AM ET.

Radio Free Europe is hosting a forum on monitoring the Ukrainian presidential election, featuring speakers from the Commission on Security and Cooperation in Europe and Freedom House. Watch a live webcast beginning at 9:15 AM ET (via C-SPAN).... The Heritage Foundation will host a 12 PM ET forum on the realities of Turkey joining the European Union. Watch a live webcast.