“Scalia-Alito Is the New O’Connor-Ginsburg”: Today’s brand new installment of my “On Appeal” column for law.com can be accessed at this link.

In this week’s issue of The National Law Journal: The newspaper contains an article headlined “Lethal injection stays not consistent in U.S.; Awaiting high court review, courts are divided and attorneys unnerved.”

Mark I. Levy has an essay entitled “Appellate Overload.”

And Law Professor Bennett L. Gershman has an essay entitled “Unpublished Opinions: At last, a citability rule.”

“Gay-marriage ban a no-win deal for Bush”: Today in The Philadelphia Inquirer, political analyst Dick Polman has this article.

“A test that means everything while measuring nothing; What does passing the state bar have to do with being a good lawyer?” Yesterday in The San Francisco Chronicle, Hans Allhoff had an op-ed that begins, “It’s like the story about Michael Jordan not making his high school basketball team, only in reverse. Kathleen Sullivan, the former Stanford Law School dean and constitutional lawyer extraordinaire, recently failed the California Bar Exam.”

The op-ed was likely finalized before information became available this weekend, as I noted in this post yesterday, that “Kathleen M. Sullivan has passed the February 2006 California bar exam.”

“Act before midnight Nov. 7! Desperate senators peddle the Constitution to the lowest common denominator.” This editorial appeared yesterday in The Los Angeles Times.

And yesterday in The Chicago Tribune, columnist Steve Chapman had an op-ed entitled “Unconservative constitutional amendments.”

USA Today is reporting: Today’s newspaper contains articles headlined “Government keeps info from defense lawyers in terror cases; Lawyers ask whether clients monitored without warrants” and “Charges could drive Milberg Weiss clients away; Bribery, fraud accusations may have big impact.”

“Abuse Trial Revives Old Questions; Involvement of Superior Officers at Abu Ghraib to Be Raised”: This article appears today in The Washington Post.

“Jury deliberations often yield surprises; It’s not easy reading the minds of jurors, whose actions run from crafty to cryptic”: The Houston Chronicle today contains this front page article reporting on the Enron trial.

“In Malvo’s Testimony, Hope for Full Story; Witness May Prove Hard to Control”: The Washington Post contains this article today.

And The Baltimore Sun reports today that “Malvo to face former mentor; Legal experts expect him to make critical links for sniper jury.”

“Gitmo, get gone: Running out of excuses for not removing a national blight.” This editorial appears today in The Los Angeles Times.

“A Blind Eye on Judges”: The New York Times today contains this letter to the editor from Law Professor Monroe H. Freedman.

“Gonzales Says Prosecutions of Journalists Are Possible”: Adam Liptak has this article today in The New York Times.

And The Washington Post reports today that “Prosecution of Journalists Is Possible in NSA Leaks.”

“Settlement could leave issue of reporter ‘privilege’ unsettled”: Joan Biskupic has this article today in USA Today.

“The Indictment of the Milberg Weiss Law Firm and America’s Love/Hate Relationship with Class Action Litigation”: Michael C. Dorf has this essay today at FindLaw.

Blawg Review #58: Available here, at “Tech Law Advisor.”

The death notice for Senior Third Circuit Judge Edward R. Becker can be viewed online at this link: The notice states that:

Relatives and friends are invited to Funeral Services Monday, 1 P.M. precisely, at Reform Congregation Keneseth Israel, Old York Road and Township Line, Elkins Park PA. Family will receive relatives and friends at the Synagogue from 11 A.M. to 1 P.M. prior to Service. Interment Shalom Memorial Park. Following Interment, family and friends will return to Reform Congregation Keneseth Israel. Shiva will be observed at his late residence Tuesday and Wednesday commencing at 6 P.M. Contributions in his memory may be made to Fox Chase Cancer Center, 333 Cottman Ave., Phila. PA 19111.

The online death notice also provides access to a Legacy.com Guest Book. Directions to the funeral service can be accessed here.

Kathleen M. Sullivan has passed the February 2006 California bar exam: Her name appears on this alphabetized list. We shall see whether this good news receives the same level of coverage as the result of her previous effort to pass the California bar exam. Results of the February 2006 California bar exam were mailed to test takers on Friday.

The Associated Press is reporting: Hope Yen has an article headlined “Roberts Seeks Greater Consensus on Court.” If you have QuickTime player installed, you can view online the remarks that Chief Justice John G. Roberts, Jr. delivered today at Georgetown University Law Center by clicking here. The Chief Justice’s remarks begin just ahead of the 19 minute mark of the online video.

And in other news, “Attorney Gen.: Reporters Can Be Prosecuted.”

Philadelphia Phillies 10, Boston Red Sox 5: Not even the Boston Red Sox could get in the way of the regularly scheduled Sunday home game win streak that the Phillies are compiling. Throughout this afternoon’s sun, rain, and then sun again, my son and I saw Bobby Abreu end up a double shy of the cycle with a single, triple, home run, and two walks. You can access the box score at this link, while wraps are available here and here.

“The Three Faces of Ken Lay”: Mimi Swartz has this op-ed today in The New York Times.

“1982 ruling a catalyst in immigration debate; Court opened doors for students but put a strain on school districts”: This article appears today in The Houston Chronicle.

“Broadway Beckons a Booming Voice”: The New York Times today contains an article that begins, “If things go according to plan, ‘Thurgood,’ the one-man play about Thurgood Marshall, the United States Supreme Court justice, will have its last performance at the Westport Country Playhouse this afternoon.”

In yesterday’s edition of The Roanoke Times: The newspaper contained articles headlined “Virginians in the mix to fill judgeship; Four names have been floated as possible candidates to replace Judge Michael Luttig on the 4th Circuit Court of Appeals” and “Fiery brief irks high court; The Virginia Supreme Court has called in Roanoke lawyer Stan Barnhill to discuss a filing that sharply criticized the court for a ruling against one of his clients.”

Available online from law.com: An article reports that “Calif. Supreme Court Slams Former Prosecutor’s Credibility.”

In other news, “Fired From Case, Milberg Weiss Feels First Aftershock From Indictment.”

An article reports that “Sidley Could Face $100M Liability in Opt-Outs; With many tax case plaintiffs refusing to settle, firm’s share of liability costs could hit nine-figure mark, says attorney.”

Eric Wesenberg and Peter O’Rourke have an essay entitled “The Toll on the Troll: The Implications of ‘eBay v. MercExchange.’”

And the brand new installment of my “On Appeal” column is headlined “Scalia-Alito Is the New O’Connor-Ginsburg.”

“Employers wiping out Net surfing on the job”: The Chicago Tribune contains this article today.

“Sniper Slayings Tied to Rifle Found in Muhammad’s Car”: This article appears today in The Washington Post.

And The Baltimore Sun reports today that “Rifle linked to sniper suspect; Ballistics expert tell jury recovered Bushmaster was involved in 8 killings.”

“Same-sex adoption law struck; Oklahoma told to honor other states’ decisions”: The Oklahoman today contains an article that begins, “A federal judge Friday swept away a Norman mother’s fears that the state of Oklahoma could deny her parental rights because she is gay. U.S. District Judge Robin Cauthron ruled unconstitutional a state law banning recognition of out-of-state adoptions by same-sex parents.”

And The Associated Press reports that “Judge Strikes Down Okla. Gay Adoption Law.”

Lambda Legal Defense and Education Fund yesterday issued a press release entitled “Federal Court Strikes Down Oklahoma’s Extreme Antigay Adoption Law in Lawsuit Brought by Lambda Legal.”

I have uploaded a copy of yesterday’s ruling of the U.S. District Court for the Western District of Oklahoma at this link.

“Prison-Based Gerrymandering”: This editorial appears today in The New York Times.

“Big Fish: It’s time to put the al-Qaida ringleaders on trial.” Dahlia Lithwick has this jurisprudence essay online at Slate.

“Edward R. Becker, 73, Judge on Federal Court of Appeals, Dies”: This obituary appears today in The New York Times.

The Philadelphia Inquirer today contains an obituary headlined “U.S. Judge Edward R. Becker dies; The Phila.-based jurist was one of the most influential appellate judges, renowned for his learning and modesty.”

And The Philadelphia Daily News contains an obituary headlined “City loses one of its ‘greatest’; Judge Edward Becker, named to federal bench at age 37, dies.”

“Federal appeals judge Edward R. Becker dies at 73”: The Associated Press provides this obituary.

“Judge Edward R. Becker, 3rd Circuit Giant, Dead at 73”: Shannon P. Duffy and Asher Hawkins of The Legal Intelligencer provide this news update (free access).

Second Circuit reverses entry of summary judgment dismissing federal civil rights lawsuit which asserted that a high school student’s Fourth Amendment rights were violated when she was strip searched by school officials on suspicion that she possessed marijuana: You can access today’s ruling at this link.

Senior Third Circuit Judge Edward R. Becker has died: He was a giant of the law and a wonderful man. He will be missed greatly by me and countless others.

In May 2003, after Judge Becker took senior status, I wrote toward the end of a column that you can access here: “Just over one week ago, Edward R. Becker’s tenure as Chief Judge of the U.S. Court of Appeals for the Third Circuit came to an end. It is questionable whether enough superlatives exist to capture the extraordinary service that he provided to advance the goal of justice during his tenure as Chief Judge.” My condolences go out to his family, his current and former law clerks, and all of his many friends.

Update: Orin Kerr offers his thoughts here, linking to a tribute that The Philadelphia Daily News published in May 2003.

“Judge Becker had a vision – now we have a view”: Ronnie Polaneczky had this op-ed Tuesday in The Philadelphia Daily News.

And The Philadelphia Inquirer yesterday contained an editorial entitled “Judge fights the fortress mentality.”