“California defends execution procedure; A state lawyer tells a court that changes may be possible but says the lethal injection process does not inflict ‘wanton’ pain”: Henry Weinstein and Maura Dolan have this article today in The Los Angeles Times.

“Fastow won’t be serving time in the prison of his choice; Ex-Enron exec going to Louisiana instead of Texas”: This article appears today in The Houston Chronicle.

And The New York TImes reports today that “Fastow Gets His Moment in the Sun.”

“Tabloid frenzy over Spears, Witherspoon divorce filings is keeping courthouse staff busy; Harried clerks are caught in tabloid news spotlight after filings by Britney Spears and Reese Witherspoon”: The Los Angeles Times contains this article today.

“Nine states limit eminent domain”: This article appears today in The Washington Times.

“With Power Set to Be Split, Wiretaps Re-emerge as Issue”: The New York Times today contains an article that begins, “The Bush administration escalated its defense of the National Security Agency’s domestic wiretapping program on Thursday, even as Democrats in Congress vowed to investigate the program aggressively once they assume power.”

“Arguments spread thick: Rivals aren’t serving same food, judge rules.” The Boston Globe today contains an article that begins, “A burrito is not a sandwich. That’s the culinary ruling of a Worcester judge, ending, for now, a food fight between Panera Bread Co. and Qdoba Mexican Grill.”

“Legislature again blocks bid to ban gay marriage; Lawmakers recess without voting on constitutional amendment”: This article appears today in The Boston Globe.

The Boston Herald today reports that “Gay wed foes decry delay: Vote postponed until Jan. 2.”

And The New York Times contains an article headlined “Gain for Same-Sex Marriage in Massachusetts.”

“Arcane Law Forbids ‘Oration’ in the Supreme Court”: Joseph Goldstein has this article today in The New York Sun. You can access here Orin Kerr’s post at “The Volokh Conspiracy,” on which The NYSun article is based. And my earlier coverage appears at this link.

“The Roberts Court and the Establishment Clause, Part Two: The Consequences of the Probable Shift from An ‘Endorsement’ to a ‘Coercion’ Test.” Vikram David Amar and Alan Brownstein have this essay online today at FindLaw.

“Allen concedes, giving Senate control to Dems”: CNN.com provides this report.

The Washington Post provides a news update headlined “Allen Concedes Election, Democrats Win Control of Congress.”

And The New York Times provides a news update headlined “Allen Concedes in Virginia Senate Race; Democrats Win Full Control of Congress.”

“Sex offender not ‘exiled’ to Canada, judge says”: Canadian Press provides this report.

“High Court Weighs Ban On Late-Term Abortions”: Jess Bravin has this article (pass-through link) today in The Wall Street Journal.

Available today from National Review Online: Edward Whelan has an essay entitled “Don’t Despair: Strong justices can still be confirmed.”

Henry Payne has an essay entitled “Prop 2: A Lesson for Republicans; It would behoove Republicans to consider the unpopularity of racial preferences.”

And Roger Clegg has an essay entitled “Learning from the MCRI: Five comments in light of another vote to end racial preferences.”

Free software wins antitrust victory in the Seventh Circuit: Today’s opinion, which Circuit Judge Frank H. Easterbrook issued on behalf of a unanimous three-judge panel, begins, “Does the provision of copyrighted software under the GNU General Public License (‘GPL’) violate the federal antitrust laws?” And the opinion concludes, “The GPL and open-source software have nothing to fear from the antitrust laws.”

“Judiciary Priorities Shift Left in Congress; Democratic Chairman Conyers Will Ease Up on Judges and Bear Down on Bush”: Lawrence Hurley has this interesting article today in The Daily Journal of California.

“Anti-abortion measures fall, but neither side giving an inch”: This article appears today in The Chicago Tribune.

“Top justice in brief: Modest and warm; As new chief settles into his role, friends testify on his commitment to fairness.” The Newark Star-Ledger today contains an article that begins, “The chief justice of the New Jersey Supreme Court was stumped.”

“Judge OKs Broadcasting Atlanta Trial”: The Associated Press provides a report that begins, “Television crews will be allowed to broadcast the murder trial of a rape defendant accused of killing four people in an escape from a downtown Atlanta courthouse, a judge ruled Thursday.”

And in related coverage, The Atlanta Journal-Constitution reports today that “Nichols legal team claims it can’t get a fair jury.”

“High Court Hears Abortion Ban Case”: This audio segment (RealPlayer required) featuring Nina Totenberg appeared on today’s broadcast of NPR‘s “Morning Edition.”

“Liberals Find Rays of Hope on Ballot Measures”: The New York Times today contains an article that begins, “Liberal supporters of social issues said yesterday that they were heartened by the outcome of several ballot initiatives around the nation: the first rejection of an amendment restricting marriage to a man and a woman, the success of a much-debated measure to allow stem cell research and the firm defeat of what would have been the nation’s strictest abortion ban.”

The Los Angeles Times today contains articles headlined “Abortion foes energized by their losses; Activists seek new ways to limit access and change minds; One aim: Make women view their fetuses in the womb” and “Gay-marriage votes get diverse spins from activists; Arizona defeats a ban on the unions, but seven states pass them; Supporters on both sides see progress.”

The Argus Leader of Sioux Falls, South Dakota reports today that “S.D. considers next move on abortion; Legislators differ on how to proceed.”

The San Francisco Chronicle yesterday contained an article headlined “Abortion: Early returns reject Prop. 85, which requires doctors to notify unwed teen’s parents.”

And The Boston Globe reports today that “Leaders seek to kill gay marriage ban; Goal is recess without a vote.”

“Dwelling Where Lawyer Was Killed Is Robbed; Rowhouse Was Empty Since August Slaying”: The Washington Post today contains an article that begins, “The Northwest Washington rowhouse where prominent lawyer Robert Wone was slain over the summer was burglarized last week, D.C. police said yesterday.”

“Malvo: ‘I am truly sorry’; Sniper gets 6 life terms in Montgomery Co. deaths.” The Baltimore Sun contains this article today.

And The Washington Post reports today that “Malvo Apologizes at Md. Sentencing; ‘Grieved and Ashamed’ Sniper Receives Six Consecutive Life Terms.”

“Michigan Rejects Affirmative Action, and Backers Sue”: This article appears today in The New York Times.

The Detroit News today contains an article headlined “Affirmative action backlash: Group files suit, U-M, others may challenge ban.”

And The Detroit Free Press reports today that “Legal assault begins on affirmative action ban.”

“High court hears cases on ban of abortion method; The justices are to decide whether to uphold a ‘partial-birth’ prohibition passed by Congress in 2003”: David G. Savage has this article today in The Los Angeles Times.

And today in USA Today, Joan Biskupic reports that “Abortion cases draw throngs to high court; Lawyers focus on Justice Kennedy in arguments.”

“A British Court’s Libel Judgment Is Reviewed by American Judges; Saudi Sued Ehrenfeld Over Allegations”: The New York Sun today contains an article that begins, “A federal appellate court heard arguments yesterday in the case of a New York-based counterterrorism researcher who was ordered by a British court to pay and apologize to a Saudi billionaire she accused of funding terrorism.”

“Is Joe Lieberman the New Anthony Kennedy? And will the New Congress Function Like the Closely-Split, Seesawing Supreme Court?” Edward Lazarus has this essay online at FindLaw.

“Lawyers face right to blog; Online journals that contain legal discussions and background information are challenging traditional practices on attorney advertising”: This article appeared yesterday in The Chicago Tribune (via “Legal Blog Watch“).

In somewhat related news, next Thursday and Friday (November 16th and 17th) I’ll be in New York City where I’ll be one of the speakers at a Law Seminars International continuing legal education seminar entitled “Blog Law: Legal issues, liabilities, and new opportunities.” You can learn more about the seminar and register to attend via this link.

“Justices Hear Arguments on Late-Term Abortion”: Linda Greenhouse will have this article Thursday in The New York Times.

Thursday in The Washington Post, Charles Lane will have an article headlined “No Pointers to Ruling in Abortion Case; Likely Swing Vote Kennedy Asks Questions Without Disclosing His Position.”

Stephen Henderson of McClatchy Newspapers reports that “Justices hear arguments on late-term abortion procedure.”

And online at Newsweek, Debra Rosenberg has an article headlined “Drama in the Court: As the pro-choice movement celebrated victories at the ballot, Supreme Court justices heard ‘partial birth’ arguments that could reveal where they really stand on abortion.”

“Chief weighs fate of citizen in Iraq”: At “SCOTUSblog,” Lyle Denniston has a post that begins, “Chief Justice John G. Roberts, Jr., is considering a request to keep a U.S. citizen now in a military prison in Iraq from being turned over to Iraqi officials, to face execution after being convicted in an alleged plot to kidnap three Romanian journalists.”

“Doctor, There’s a Lawyer in My Womb: The Supreme Court attempts to understand partial-birth abortion.” Dahlia Lithwick has this Supreme Court dispatch online at Slate.

“U.S. High Court Hears Partial-Birth Abortion Case”: This audio segment (RealPlayer required) featuring Nina Totenberg appeared on this evening’s broadcast of NPR‘s “All Things Considered.”

“Virginia Update: It Appears Over.” Law Professor Rick Hasen has this post at his “Election Law” blog.

“U-M president says she’ll go to court over affirmative action ban”: The Detroit Free Press provides a news update that begins, “University of Michigan President Mary Sue Coleman says the school will explore its legal options after the state’s voters approved a ban on affirmative action programs that offer preferences to women and minorities.”

The Detroit News provides an update headlined “U-M to ask courts to hold off enforcing Proposal 2; Foes of the measure call it unconstitutional.”

And The Ann Arbor News reports today that “U-M may try to delay Proposal 2; Passage of affirmative action ban expected to affect admissions methods.”

You can access online at this link the text of today’s statement by University of Michigan President Mary Sue Coleman.

“Democrats to Usher in Change in Judicial Nominations, Investigations”: law.com’s T.R. Goldman provides this news update.

“High Court Focuses on Medical Alternatives in Partial-Birth Abortion Cases”: law.com’s Tony Mauro provides this news update.

And Bloomberg News reports that “Abortion Clash Engages U.S. Supreme Court Justices.”