[JURIST] Leading Monday's states brief, the Utah Supreme Court [official website] will hear oral arguments tomorrow on whether former lesbian Keri Lynn is legally entitled to a parental relationship with a child born to a former girlfriend, when the child's biological mother objects. Utah has previously allowed visitation by divorced stepparents, but US Supreme Court decisions have stressed the biological parent's right to decide who visits with their child. Last December, a lower court granted visitation rights to Jones even though she had no legal right by adoption or blood to the child, by finding that there was a parental relationship between Jones and the child. The child was born during a three year relationship between Jones and the biological mother. The Alliance Defense Fund is an advocate for the biological mother and its press release can be viewed here. AP has more.

In other state legal news ...

• Organizers seeking an election to recall Spokane Washington Mayor Jim West [official website] announced today that they had collected around 5,000 signatures or 40% of the necessary signatures to make the ballot. Last Wednesday, the state Supreme Court cleared the way for the circulation of recall petitions [JURIST report] filed by Shannon Sullivan, alleged that the mayor used his office for personal gain. Citizens for Government Integrity [advocacy website], hope to turn in 16,000 signatures to account for invalid signatures, but must collect 12,600 signatures to make the ballot. AP has more.
  
  
• As briefly noted over the weekend in JURIST's Paper Chase, the US Department of Justice has approved a Georgia law [PDF text] that requires all voters to show photo identification at the polls, and does ways with previously accepted forms of voter identification, including social security cards, birth certificates or utility bills. Sponsor Cecil Station, R-Macon, said the law "will further ensure the integrity of voting in the state of Georgia," but opponent Rep. Tyrone Brooks, D-Atlanta and chairman of the Georgia Association of Black Elected Officials [advocacy website], said the law will be challenged in federal court. Democrats argued that the photo identification idea was a political move by Republicans to suppress voting among minorities, the elderly and the poor. Georgia needs the Justice Department's permission to change its voting laws under the Voting Rights Act because of its history of suppressing minority voting. View Governor Sonny Perdue's press release regarding the decision here. AP has more.

[JURIST] A New Jersey judge Monday rejected a motion by drugmaker Merck [corporate website] to postpone its scheduled second trial in connection with its Vioxx [JURIST report] painkiller, pulled off the market last year after it was found to increase the risk of heart attacks and strokes [FDA public health advisory] in some users. Superior Court Judge Carol Higbee said that a $253 million verdict [JURIST report] handed down by a Texas jury earlier this month did not preclude a fair trial for Merck in Atlantic City New Jersey, and turned down a bid to have the trial date put off for 45 days. Merck is facing almost 5000 Vioxx lawsuits in the United States, and has set aside a defense fund of over $675 million. Bloomberg has more.

[JURIST] JURIST is looking for talented, public-service oriented law students from law schools in the US and abroad to join our team of real-time legal news editors this fall.

From Los Angeles to London, from Chicago to Cairo - if you're a law student looking for intensive research, writing and editing experience and your own byline on a high-profile, mass-audience, volunteer-driven project dedicated to increasing awareness of important national and international legal issues, we may have a position for you!

In particular, we're looking for good writers, skilled Net surfers and fluent English-speakers with a nose for news who can spare at least 10 hours a week - weekdays, evenings and/or weekends - during the law school term to work online with members of our Pittsburgh-based law student staff who power JURIST's Paper Chase legal news weblog every day. Journalistic experience is helpful, but certainly not a prerequisite. Report on the latest legal news in your geographical area, or in your own area of interest. Learn the latest law that matters, make friends across the country and around the world, and gain valuable career and computer skills, all at the same time.

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The limited number of JURIST editorial positions will fill up fast with the start of the fall law school term. Applications are already coming in from law students across the country, so contact us now!

[JURIST] Attorneys for US citizen Ahmed Abu Ali [Wikipedia profile] were ordered Momday to produce expert reports to support his claim that he was abused while in Saudi custody. US District Judge Gerald Bruce Lee directed Ali's lawyers to file medical reports to corroborate his claim that he was physically mistreated after his 2003 arrest in Saudi Arabia prior to being charged [indictment, PDF] in the United States earlier this year with providing support and resources to al Qaeda in a plot to assassinate President George W. Bush [JURIST report; FindLaw backgrounder]. Ali has pleaded not guilty to the charges, and is attempting to exclude incriminating statements he made to an FBI agent while in custody, arguing the statements were extracted under pressure. Reuters has more.

[JURIST] Arguments over Kenya's draft constitution [text, PDF] have intensified after former Kenyan President Daniel arap Moi [Wikipedia profile] spoke out in opposition to the document over the weekend, saying it would cause "animosity and distrust" in the country. Religious groups have also opposed the proposals championed by current President Mwai Kibaki [official profile], arguing that the draft released early last week [JURIST report] does not properly distribute governmental powers and fails to establish a separation between state and religion. Critics, including a number of Cabinet ministers in Kibaki's own government, insist that the instrument originally prepared by the Constitution of Kenya Review Commission [official website] has not established proper controls on presidential power [JURIST report] and contend that the prospect of Islamic Sharia courts will cause discord between Christians and Muslims. A referendum on the constitution is expected to be held in November. BBC News has more.

[JURIST] China's Standing Committee of the 10th National People's Congress (NPC) [official website] has ratified the international World Health Organization Framework Convention on Tobacco Control [official website], created earlier this year [JURIST report] as the first international legal means to lessen tobacco-related deaths and diseases. The treaty [text, PDF] creates a national regulation in China banning tobacco vending machines; prohibits radio, television, internet, and print advertising of tobacco products within a five-year period; and requires all tobacco sellers to include clear information regarding their mandated policy to refuse selling tobacco products to minors. China has the world's largest cigarette market, selling almost 1,800 billion cigarettes in 2003. From Beijing, Xinhuanet has local coverage.

[JURIST] The former chairman of Egypt's largest state-owned newspaper allegedly took millions of dollars in secret payments, according to a report by Cairo's El-Osboa newspaper [media website, in Arabic]. Ibrahim Nafie became chairman of the Al-Ahram [media website] press group in 1979 and allegedly gave himself $14,400 daily from the distribution and advertising budgets, and threw yearly birthday parties costing the group $43,000. El-Osboa also claims that Nafie moved $70 million in assets from Al-Ahram to his own accounts before he lost his position with the press group earlier this year. Nafie had a close relationship with Egyptian President Hosni Mubarak [Wikipedia profile], and was often referred to as Mubarak's "right ear minister". News of the financial scandal comes just over a week before Egypt's presidential elections, scheduled for September 7. Aljazeera has more.

[JURIST] The New Mexico Supreme Court [official website] heard oral arguments Monday in a lawsuit filed by 2004 presidential candidates David Cobb [Green Party official website] and Michael Badnarik [Libertarian Party official website]. Attorneys for Cobb and Badnarik argued that New Mexico election officials deliberately obstructed justice by giving counties permission to clear electronic voting machines while their demand for a recount of New Mexico's presidential vote was still pending. Also at issue is the $1.4 million security deposit required for the recount. Attorneys for the candidates contend that the state Canvassing Board [list of members] exceeded its power under state law by requiring a deposit in excess of $1 million. Attorneys for the board maintain that it properly handled the recount request, and all fees were proper. AP has more.

[JURIST] Several civil rights organizations, including the University of Chicago Law School's MacArthur Justice Center [advocacy website] and the ACLU of Illinois [advocacy website] announced [press release] Monday that they have asked the Inter-American Commission on Human Rights [official website] to investigate allegations that as many as 20 Chicago police detectives used torture to obtain confessions from black suspects between 1971 and 1992. According to allegations contained in the request for a hearing, at least 135 black suspects were exposed to several torture techniques, including staged mock executions, suffocation, and the shocking of the ears and genitalia. The IACHR, the fact-finding body of the Organization of American States, must decide whether to investigate the allegations and could ultimately issue a non-binding declaration asking the US government to prosecute. Reuters has more.

[JURIST] An immigration judge held a hearing Monday to determine if former anti-Castro CIA operative Luis Posada Carriles [Wikipedia profile] should be granted asylum to the US after illegally entering through Mexico [JURIST report] earlier this year. Venezuelan officials have requested the Cuban citizen's extradition to their country [JURIST report] so that he can face charges regarding his alleged involvement in the 1976 bombing of a Cuban plane. Also at issue in Carriles' immigration hearing is whether his role in the 1961 Bay of Pigs Invasion [Wikipedia backgrounder] of Cuba to overthrow Fidel Castro [Wikipedia profile] was a terrorist act. Carriles denies involvement, despite CIA documents which indicate he was trained to participate. AP has more.

[JURIST] KPMG [corporate website] agreed to pay $456 million Monday in a settlement that will allow the accounting firm to avoid federal criminal prosecution for selling abusive tax shelters enabling wealthy individuals to evade income tax liabilities during 1996-2002. KPMG admitted the firm attempted to hide fraudulent tax shelters from the Internal Revenue Service [official website] and earlier this year said it took full responsibility for the unlawful conduct by former KPMG partners [KPMG press release, PDF; JURIST report]. Under the settlement agreement, former chairman of the US Securities and Exchange Commission [official website] Richard Breeden [profile] will serve as an independent monitor of KPMG for the next three years and the firm has agreed to pay out the $456 million by the end of 2006. Nine former partners of KPMG have also been indicted on related criminal charges and are expected to be arraigned later this week. Bloomberg has more.

[JURIST] An Iraqi judge investigating charges against Saddam Hussein [JURIST news archive] met with Kurdish officials Monday to gather information about the 1988 poison gas attack [Wikipedia backgrounder] against the northern Iraq village of Halabja. The investigating judge from the Iraqi Special Tribunal [official website] visited Halabja in order to "inspect and collect information regarding the use of weapons of mass destruction against the city," according to a statement released the regional Kurdistan cabinet. In July, the tribunal filed its first criminal charge [JURIST report] against Hussein in connection with the 1982 killing of some 150 Shiites in the village of Dujail in retribution for an assassination attempt. The Dujail charge is seen as a relatively minor case amongst the allegations against Hussein, but prosecutors have indicated that they expect a fairly easy conviction on that charge. Experts predict that allegations of genocide in Halabja will be much more difficult to prove because the prosecution will have to establish a chain of command that links back to Hussein. Reuters has more.

[JURIST] The Federal Elections Commission [official website] has asked a federal appeals court to reconsider its ruling that the FEC must write tougher rules for the enforcement of campaign financing laws. The FEC filed a petition for a rehearing en banc Monday, asking the US Court of Appeals for the DC Circuit to reconsider its decision in Shays v. FEC [PDF opinion; JURIST report]. In July, a three-judge panel upheld the district court decision [PDF text; JURIST report] which struck down several FEC rules interpreting the Bipartisan Campaign Reform Act of 2002 [FEC materials] because they created loopholes in the law designed to limit campaign fundraising. Explaining its reasons for seeking the rehearing, the FEC says:

In deciding to request a rehearing by all the judges of the Appeals Court, the FEC was concerned that the earlier ruling introduces significant instability in the political process. The ruling effectively permits candidates for federal office to seek judicial review of any Commission regulation, even if the rules have not yet had any impact on the candidate or other regulated entities. Moreover, no evidence has been presented that the FEC rules in question have led to abuses, and in past decisions the D.C. Circuit has held that agencies are entitled to substantial deference in these circumstances. This deference is especially important when the rules in question touch on basic First Amendment rights of free speech and association.

[JURIST] Prince Talal bin Abdel-Aziz [profile], a half-brother of King Abdullah of Saudi Arabia [Wikipedia profile] has called for political reform in Saudi Arabia, including the introduction of a constitution and a "quasi-legislative council." He told Radio Monte Carlo [media website] that Arab rulers should introduce change before they are required to by political uprisings, which happened recently in Lebanon and Egypt. Talal called for the drafting of a basic statute of government, saying that the a constitution should serve as "a social covenant between ruler and ruled." He also said his country needed "political reforms in the first place, then economic and social [reforms], such as reforming education and the judiciary." Additionally, Talal suggested that the appointed Shura Council [official website, in English], which currently only has an advisory role, should be turned into a "quasi-legislative council" that monitors the government. Talal does not hold an official position in the Kingdom of Saudi Arabia. AFP has more.

[JURIST] Israel's High Court of Justice [official website] issued a temporary injunction Sunday prohibiting the destruction of 20 synagogues in the now-evacuated Gaza Strip [Jerusalem Post report] until further notice. The order was issued in response to requests made by a former rabbi in the Gaza strip [JURIST report]. State prosecutors Monday asked the High Court to rescind the order and reject a motion for an additional hearing on the matter. Israeli Prime Minister Ariel Sharon [Wikipedia profile] has ordered that anything in the synagogues which could be dismantled, be removed before destruction. However, ultra-Orthodox spiritual leader Rabbi Yosef Shalom Elyashiv [Wikipedia profile], filed a petition with the court calling for an international commitment to preserve the synagogues and leave them standing. Haaretz Daily has local coverage.

[JURIST] Venezuelan President Hugo Chavez [BBC profile] announced Sunday that his nation would take legal action against Christian evangelist Pat Robertson [personal website] and could seek his extradition to Venezuela, after Robertson suggested his assassination [AP report] last week. In a televised speech, Chavez said Venezuela could have Robertson extradited under international treaties and if the Bush Administration did not take action, could go to the UN. Chavez called Robertson "crazy" and a "public menace" and said, "to call for the assassination of a head of state is an act of terrorism." Robertson has apologized [JURIST report] for his remarks and US Defense Secretary Donald Rumsfeld has dismissed Robertson's comments as those of a private citizen not representative of US policy. Reuters has more.

[JURIST] Australian Prime Minister John Howard [official website] rejected a proposal Monday that Muslim girls be forbidden from wearing headscarves in public schools, saying that banning headscarves only would be impractical and banning headscarves only would be inconsistent. The suggestion was made by two members of Howard's Liberal Party [party website], Bronwyn Bishop [official profile] and Sophie Panopoulos [official profile], who called headscarves "an iconic item of defiance." Muslim Women's Association [official website] president Maha Krayem Abdo said it was "dangerous to go down that path" of banning religious freedoms. Some European nations have taken steps to restrict religious dress in schools and in the workplace. France adopted a public school ban [JURIST report] last year on conspicuous religious insignia [JURIST news archive], such as Muslim headscarves, Jewish yarmulkes, Sikh turbans and large Christian crosses. A state assembly in Germany has approved a law banning teachers from wearing headscarves [JURIST report], and Denmark's High Court allowed employers to prohibit headscarves at work [JURIST report]. Aljazeera has more. Australia's ABC News has local coverage.

[JURIST] Iran rejected conditional negotiations with Europe concerning its nuclear program Sunday, instead voicing interest in talks with the International Atomic Energy Agency [official website]. Foreign Ministry spokesman Hamid Reza Asefi also said the United States would not be included in any negotiations [IRNA report]. On Friday, top nuclear negotiator Ali Larijani [Wikipedia profile] called for additional members of the EU negotiation team [JURIST report]. The EU countries involved in the negotiations, Britain, France and Germany, have cancelled talks scheduled for August 31st because of Iran's continued uranium processing activities, which violate an IAEA resolution made earlier this month [JURIST report]. Britain's Foreign Office has said that there was "no basis for negotiations with Iran until they respond" to the IAEA resolution. AP has more.

1:58 PM ET - French President Jacques Chirac said Monday that if Iran does suspend its nuclear activities in accordance with its previous deal with the EU countries, France would consider referring the matter to the UN Security Council. Last week, Larijani indicated that Iran was not concerned about possible Security Council action [JURIST report]. Read the English translation of Chirac's remarks, delivered as he addressed a meeting of French ambassadors. Reuters has more.

[JURIST] Thousands of Sunni Arabs protested the draft Iraqi constitution [translated pre-revision draft; AP summary of revisions] Monday, one day after the revised draft was presented and read to the National Assembly [JURIST report]. The parliament did not vote to formally approve the draft, but the charter must be approved by Iraqi citizens in an October 15 referendum. Sunni negotiators have so far refused to endorse the agreement, saying that the Shiite-Kurd alliance pushed the document through the constitutional drafting committee [official website], without considering Sunni objections to the charter [JURIST document]. However, the Iraqi Islamic Party, one of Iraq's largest Sunni parties, has indicated that it may sign on to the draft. Party spokesman Tariq al-Hashemi said Monday that the party might sign the constitution if disputed points are resolved [Reuters report], adding that they have until the October referendum to decide whether to sign. Protesting Monday in Saddam Hussein's hometown of Tikrit, Sunnis denounced the constitution and vowed to defeat it in the October referendum. AP has more.