“Luna probe looks at lie-test angle; Investigators consider whether prosecutor was worried about passing polygraph exam”: The Baltimore Sun contains this article today.

“Court allows Mercer display; Judges rule that it’s historic, not religious”: This article appears today in The Lexington (Ky.) Herald-Leader.

The Louisville Courier-Journal reports today that “Commandments display is upheld; No religious intent in Mercer, court says.”

And The Cincinnati Enquirer contains articles headlined “10 Commandments OK’d at courthouse” and “‘Time we stood up to ACLU’; Ten Commandments bills gain supporters.”

“Majority of Americans Support Alito Nomination”: The Washington Post provides a news update that begins, “A majority of Americans now support the confirmation of U.S. Appeals Court Judge Samuel A. Alito to the Supreme Court to fill the seat of retiring Associate Justice Sandra Day O’Connor, according to a new Washington Post-ABC News poll.” The polling data can be accessed via this link.

Bloomberg News reports that “Alito Would Likely Be Religion’s Best Friend on U.S. High Court.”

And The Yale Daily News reports that “Law School group releases report on Alito.”

The Associated Press is reporting: Now available online are articles headlined “Affirmative Action Ban Ordered in Mich.“; “Boston Herald Appeals $2.1M Libel Decision“; and “Lindh Asks for Lighter Prison Sentence.”

The Detroit Free Press is reporting: Today’s newspaper reports that “Ex-prosecutor is taking over the Fieger case; Cox appoints him on Democrats’ recommendation.”

And a news update is headlined “Next court test of intelligent design could be in Michigan; Federal judge rules against its teaching in Pennsylvania.”

“Spy Court Judge Quits In Protest; Jurist Concerned Bush Order Tainted Work of Secret Panel”: The Washington Post on Wednesday will contain a front page article that begins, “A federal judge has resigned from the court that oversees government surveillance in intelligence cases in protest of President Bush’s secret authorization of a domestic spying program, according to two sources. U.S. District Judge James Robertson, one of 11 members of the secret Foreign Intelligence Surveillance Court, sent a letter to Chief Justice John G. Roberts Jr. late Monday notifying him of his resignation without providing an explanation.” Judge Robertson serves on the U.S. District Court for the District of Columbia.

In somewhat related news, Wednesday’s edition of The New York Times will report that “Spying Program Snared U.S. Calls.”

“Judge Rules Against ‘Intelligent Design’; Dover, Pa., District Can’t Teach Evolution Alternative”: This front page article will appear Wednesday in The Washington Post. Tomorrow’s newspaper will also contain a news analysis headlined “Defending Science by Defining It.”

“Former prosecutor guilty in shooting of rival attorney”: The Seattle Times provides this news update.

And The Associated Press reports that “Former prosecutor convicted in shooting of rival attorney.”

“Bar Association objects to police posing as lawyers”: The Associated Press provides a report from Seattle, Washington that begins, “The Washington State Bar Association is asking the state Supreme Court to ban police from posing as lawyers – as officers did to obtain DNA evidence in one recent case – saying the practice is unnecessary and damages the credibility of attorney-client relationships.”

According to the article, “The issue arose following the conviction of John Athan, a Palisades Park, N.J., man found to have murdered a 13-year-old girl in Seattle in 1982, when he was 14. Though Athan was a suspect in the case, police didn’t have the evidence to arrest him and the case went unsolved for two decades. In 2003, police sent him a letter on the stationery of a fictitious law firm, asking if they could represent him in a class-action lawsuit. Athan licked the envelope and returned it, providing the DNA sample investigators needed to link him to semen found on the girl’s body.”

“Judge Rejects Teaching Intelligent Design”: This article will appear Wednesday in The New York Times.

Available online from law.com: Melissa Nann Burke reports that “Federal Judge Rules Intelligent Design Unconstitutional.”

“A defeat for ‘Intelligent Design'”: This segment (transcript with link to audio) appeared on this evening’s broadcast of the PBS program “The NewsHour with Jim Lehrer.”

Available online from National Public Radio: This evening’s broadcast of “All Things Considered” contained segments entitled “Pa. Judge Bars Intelligent Design in Science Classes“; “How ‘Dover’ May Affect U.S. Schools“; “In Favor of Barring Intelligent Design from the Classroom“; “Assessing the Legal Reaches of Executive Power“; and “Behind the ‘Times’ Publication of U.S. Spying Story.”

And today’s broadcast of “Talk of the Nation” contained a segment entitled “Pa. Judge Bans Intelligent Design in Schools.”

RealPlayer is required to launch these audio segments.

“Lynch makes first pick for high court; Gary Hicks has long history as lawyer”: The Concord (N.H.) Monitor contains this article today.

And The Manchester Union Leader reports today that “Lynch to nominate Hicks to Supreme Court.”

“No Coke. Pepsi.“ This opinion that the U.S. Court of Appeals for the Tenth Circuit issued today describes in quite interesting detail a dispute between a Pepsi-Cola bottler and PepsiCo, Inc.

“In the blink of an eye, blogs became big”: “How Appealing” reader (and blogger) Daniel Rubin has this article today in The Philadelphia Inquirer.

“Judiciary Democrats Want Alito Papers”: Jesse J. Holland of The Associated Press provides this report.

And The Bangor Daily News reports today that “Alito foes rally in Portland; Senators urged to reject nominee.”

“Chief justice asks 17 percent raise for state’s judges; Idea gets lukewarm response from Corzine transition team”: The Newark (N.J.) Star-Ledger contains this article today.

“Banned in biology class: intelligent design; Teaching the theory in public schools violates Constitution, judge rules.” This article will appear Wednesday in The Christian Science Monitor.

“U.S. appellate court allows commandments display in Mercer County”: The Lexington Herald-Leader provides this news update.

And in case anyone feared there might be a dearth of Ten Commandments-related litigation in Kentucky, The Louisville Courier-Journal reports today that “Commandments displays sought in Kentucky; With 2 bills filed, Democrats, Republicans start maneuvering.”

“Displaced artifacts generate legal heat; The fate of rare items occupies a judge and three native groups”: This article appears today in The Honolulu Star-Bulletin.

“Polygraph Loomed For Md. Lawyer; Federal Prosecutor Found Dead in ’03”: The Washington Post today contains an article that begins, “Federal prosecutor Jonathan P. Luna, whose death has confounded authorities for two years, was asked to take a lie detector test in connection with about $36,000 in missing evidence shortly before he was found stabbed and drowned in rural Pennsylvania, according to several sources familiar with the investigation. The previously undisclosed polygraph examination sheds new light on the investigation into the Baltimore prosecutor’s death, one of the region’s most enduring mysteries. The sources said some investigators view the looming polygraph test as support for the theory that Luna — whose body was found two years ago this month with 36 stab wounds, most of them superficial — took his own life. The sources asked not to be identified because the case remains open.”

And The Baltimore Sun provides a news update headlined “Source: Luna avoided polygraph before death; Federal prosecutor’s 2003 death was ruled a homicide, remains unsolved” that begins, “Investigators looking into the still-unsolved death of Jonathan P. Luna have not ruled out that he took his own life because the federal prosecutor may have worried about passing a polygraph, a source familiar with the probe confirmed today.”

“Court Issues Troubling Decision In Dover Intelligent Design Case”: The Thomas More Law Center issued this news release today.

The American Civil Liberties Union, by contrast, issued a press release titled “ACLU Applauds Decision in ‘Intelligent Design’ Case.”

“’01 Resolution Is Central to ’05 Controversy”: Today in The New York Times, David Johnston and Linda Greenhouse have an article that begins, “At the heart of the debate over the legality of the program to eavesdrop on the international communications of American citizens without a court order is a Congressional resolution passed a week after the Sept. 11, 2001, hijackings that authorized the president to use force against those responsible for the attacks.”

“Equal Justice Under Scaffolding”: The Public Information Office of the U.S. Supreme Court has issued this notice.

Auctions of U.S. Supreme Court bobblehead dolls vs. that Court’s ruling in Basic Inc. v. Levinson: Today’s mail contained the Autumn 2005 issue of The Green Bag, a publication that’s so interesting I might subscribe even without the bobblehead dolls. But speaking of bobblehead dolls, the brand new issue of that publication contains a quite interesting letter titled “An Irrational Market” written by Ira Brad Matetsky addressing the topic mentioned at the outset of this post. (Thanks to Ira and The Green Bag for allowing me to upload a copy of his letter.)

While I’m on the subject, the Justice Antonin Scalia bobblehead being auctioned at eBay ended up selling for $370.00 two days ago. And Tom Goldstein’s auction of a Chief Justice William H. Rehnquist bobblehead doll that will conclude on Christmas Eve currently reflects a high bid of $2,025.00.

The St. Petersburg Times is reporting: Today’s newspaper reports that “Judge Downey to retire in 2007; In a statement saying he won’t seek re-election, the judge denies sexual harassment allegations that have stirred controversy for months.” A related news update is headlined “Judge faces charges; Pinellas Circuit Judge Brandt Downey could be removed if he is found guilty of viewing pornography and improper contact with attorneys.”

Elsewhere in today’s newspaper, an article reports that “Al-Arian wants charges dropped; There’s no point for federal prosecutors to retry him on the charges the jury couldn’t decide, Al-Arian’s lawyer says.”

“Courthouse returns to former glory; 130-year-old building gets seismic upgrade and new technology”: This article about the Pioneer Courthouse in Portland, Oregon appears today in The Portland Tribune.

On today’s broadcast of NPR‘s “Day to Day“: The broadcast contained segments entitled “Slate’s Human Nature: ‘Intelligent Design’ Rejected” and “Bush’s Legal Basis for Domestic Spying Program.” RealPlayer is required to launch these audio segments.

If the New York City subway system never resumes operation, perhaps the appeal will be moot: The Associated Press reports that “Group Appeals NYC Subway Search Decision.”

“ACLJ Gets 10 Commandments Win in Kentucky Case; Federal Appeals Court OK’s Constitutional Display”: The American Center for Law and Justice has issued this news release today. My earlier coverage is here.

Where do Becker and Posner stand on the question of the death penalty for drunk drivers? Responding to recent posts at “The Becker-Posner Blog” that I earlier linked to here, Law Professor Doug Berman in his update to this post at the “Sentencing Law and Policy” blog asks some interesting questions.

Claim accusing Westin Los Angeles Airport Hotel of race discrimination in contracting for allowing hotel Grand Ballroom to be used for a Bar Mitzvah instead of an African-American fashion show must be resolved at trial, Ninth Circuit rules: Today’s ruling from the U.S. Court of Appeals for the Ninth Circuit, reversing the trial court’s grant of summary judgment in favor of the hotel, can be viewed at this link.

“The Secrets They Keep: How telling the president what he’d like to hear can be good for your career.” Law Professor Bruce Ackerman has this jurisprudence essay online at Slate.

“Federal Judge Rules Against ‘Intelligent Design'”: Henry Weinstein of The Los Angeles Times provides this news update.

The New York Times provides a news update headlined “Judge Bars ‘Intelligent Design’ From Pa. Classes.”

And The Pittsburgh Post-Gazette provides a news update headlined “Judge bars school from mentioning ‘intelligent design.’”