“Desert cross may lead to landmark ruling; The Supreme Court soon will decide whether to take up the case of the monument to fallen service members in Mojave National Preserve; At stake is a new definition of the church-state separation”: David G. Savage has this article today in The Los Angeles Times.

“O’Connor gives own judicial review; No sleep lost over recount ruling in 2000”: USA Today contains this article today.

“In California, gay marriage fight heats up; Supporters of Proposition 8, which would outlaw the practice, nose ahead in polls”: This article appears today in The Christian Science Monitor.

The Wall Street Journal reports today that “Gay Marriage in Peril in California.”

And The San Francisco Chronicle reports that “Voters split in many ways on gay marriage ban.”

“U-M’s black enrollment up 12% for freshmen”: The Detroit Free Press today contains an article that begins, “Nearly two years after Michigan voters banned the use of affirmative action in college admissions, the University of Michigan’s freshman class shows a 12% increase in the number of African Americans — despite the fact that the university shrank the class.”

The Detroit News reports today that “Minority admissions fall at U-M; Enrollment in state not greatly impacted by ballot initiative; law, medicine hit hardest.”

The Ann Arbor News has an article headlined “University of Michigan: Recruiting limited minority enrollment losses.”

And The Michigan Daily reports that “Minority enrollment at ‘U’ drops slightly; In first full admissions cycle since Prop. 2, black enrollment sees highest numbers since 2005.”

“Nottingham officially steps down as federal judge”: The Rocky Mountain News provides an update that begins, “U.S. District Court Judge Edward Nottingham resigned today amid allegations he asked a prostitute to lie about their relationship. In a prepared statement released by his attorney’s office, Nottingham said he is ‘deeply remorseful for his actions.’ He said resignation was ‘in the best interest of all concerned.'” The newspaper has posted the statement issued on the soon-to-be former federal district judge’s behalf at this link.

The Denver Post provides a news update headlined “District Judge Nottingham resigns, apologizes.”

Denver’s NBC News affiliate 9News.com reports that “Nottingham resigns due to ‘multiple investigations.’”

And The Associated Press reports that “US judge in Colo. resigns amid misconduct probe.”

A statement from the Chief Judge of the U.S. Court of Appeals for the Tenth Circuit regarding Judge Nottingham’s resignation also appears at the Tenth Circuit’s web site.

“Jury selection for ex-judge’s trial remains open”: Paula Reed Ward of The Pittsburgh Post-Gazette has a news update that begins, “Jury selection in the federal criminal trial of former state Superior Court Judge Michael T. Joyce is continuing this afternoon.”

“Court won’t consider Neb. ‘rape’ testimony issue”: The Associated Press provides a report that begins, “The U.S. Supreme Court has refused to hear an appeal involving a case in which a Nebraska judge banned anyone from saying ‘rape’ in a sexual assault trial.”

“Court gives immigrant a break in youth sex case”: Today in The San Francisco Chronicle, Bob Egelko has an article that begins, “A legal immigrant who has been jailed under a deportation order since 2005 because of a sexual relationship that began when he was 20 and his girlfriend was 16 won a chance for freedom Monday from a federal appeals court.”

You can access yesterday’s unanimous en banc ruling of the U.S. Court of Appeals for the Ninth Circuit at this link.

“Next president will shape Supreme Court”: Bob Egelko had this article yesterday in The San Francisco Chronicle.

“Justices Take Case on Illegal Workers and Penalties for Identity Theft”: Adam Liptak has this article today in The New York Times.

And today in The Los Angeles Times, David G. Savage has articles headlined “Supreme Court to hear case on immigrants’ use of fake IDs; The justices will decide whether illegal workers can be convicted of identity theft if they didn’t know their bogus cards used the Social Security number of a real person” and “Jesse James Hollywood appeal turned down by the Supreme Court; The justices agree with a California court that the former fugitive can get a fair trial in a 2000 slaying even though a prosecutor helped a director turn the story into a fictionalized movie.”

“Bush Decides to Keep Guantanamo Open”: This article appears today in The New York Times.

“Transfer of detainees to U.S. blocked”: Last night at “SCOTUSblog,” Lyle Denniston had a post that begins, “In a split decision, the D.C. Circuit Court on Monday evening barred the transfer of 17 Guantanamo Bay detainees to the U.S., where they were to be released, until at least late November.”

You can access yesterday’s D.C. Circuit order and the dissent therefrom at this link.

“Two Justices Clash Over Race and Death Penalty; Ga. Court’s Handling of 1999 Case at Issue”: Jerry Markon has this article today in The Washington Post.

And Bill Rankin of The Atlanta Journal-Constitution today has an article headlined “High-court rebuke for Ga.; John Paul Stevens criticizes way state Supreme Court considers death-penalty appeals; Clarence Thomas defends it.”

“Ruling on Guns Elicits Rebuke From the Right”: Today in The New York Times, Adam Liptak has an article that begins, “Four months after the Supreme Court ruled that the Second Amendment protects an individual right to possess guns, its decision is under assault — from the right. Two prominent federal appeals court judges say that Justice Antonin Scalia’s majority opinion in the case, District of Columbia v. Heller, is illegitimate, activist, poorly reasoned and fueled by politics rather than principle.”

The two examples of written criticism that are the subject of the article can be accessed here and here.

As noted in this “How Appealing” post from September 27, 2008, Mark Sherman of The Associated Press that day had an article headlined “Conservative judges fault Scalia opinion on guns.”

“Judge orders Nassau to remove name, photo from ‘Wall of Shame'”: Today’s edition of Newsday contains an article that begins, “A judge has ordered Nassau County to remove a woman’s name and mug shot from the county’s online ‘Wall of Shame,’ saying that posting the information about her DWI arrest violates her right to due process. State Supreme Court Judge William LaMarca said posting Alexandra Bursac’s photo punishes her in a way not authorized by the law. And because of the permanence of the Internet, it imposes an inappropriate penalty by exposing her to ‘limitless and eternal notoriety.'”

New York City’s 1010 WINS newsradio has posted an article featuring the woman’s mug shot photo at this link.

“Joyce jury pool pared; Pace of fraud case against former judge could quicken once panel is picked”: This article appears today in The Erie (Pa.) Times-News.

“Eight Years After Bush v. Gore, Why is There Still So Much Election Litigation and What Does This Mean for Voter Confidence in the Electoral Process?” Richard L. Hasen, author of the “Election Law” blog, has this essay online at FindLaw.

“Will Justice Kennedy Recuse Again?” In this week’s issue of Legal Times, Tony Mauro has an article that begins, “One of the more confounding Supreme Court happenings of 2007 was Justice Anthony Kennedy’s recusal in two cases involving an important issue arising under the Individuals with Disabilities Education Act.”

Perhaps he’s resigning in weekly installments: Denver’s NBC News affiliate 9News.com reports today that “Chief judge takes off week from court.”

And cbs4denver.com reports that “Nottingham A No Show In Federal Court Again.”

“Squabble threatens Exxon oil spill payouts; Fish processor’s motion to toss allocation plan could add delay of 18 months”: This article appears today in The Anchorage Daily News.

And The Associated Press reports that “Appeal threatens to hold up Exxon Valdez payments.”

“Pakistan’s deposed top judge Chaudhry eyes old job”: Reuters provides this report.

“Justice from the South Side: If fellow South Sider Barack Obama is elected, some speculate John Paul Stevens may finally retire from the high court; But Stevens’ work ethic could keep him on the bench for years.” James Oliphant has this article today in The Chicago Tribune.

“The underlying question in this case is whether the portion of an automobile retail instalment sale obligation attributable to a trade-in vehicle’s ‘negative equity’ (i.e., debt owed above and beyond the current collateral value of the traded-in vehicle) should be considered part of the purchase-money security interest arising from the sale of a vehicle, and therefore protected from cramdown by the ‘hanging paragraph’ of Section 1325 of the Bankruptcy Code.” In an opinion issued today, the U.S. Court of Appeals for the Second Circuit concludes that its resolution of that question depends on the answer to an unsettled issue of New York State law and therefore certifies that state law question for resolution by the Court of Appeals of New York.

“Court to hear identity theft case”: At “SCOTUSblog,” Lyle Denniston has a post that begins, “The Supreme Court, in the only new grant on Monday, agreed to spell out the proof that federal prosecutors must offer in order to obtain a more severe punishment for criminal identity theft under a 2004 law.”

You can access today’s Order List of the U.S. Supreme Court at this link.

In early news coverage, The Associated Press reports that “Court will decide identity theft case“; “Court lets prosecutor remain on ‘Alpha Dog’ case“; and “Court names special master in states’ water fight.”

The Court’s denial of review today in a death penalty case from Georgia occasioned a statement respecting the denial of the petition for writ of certiorari from Justice John Paul Stevens and a concurrence in the denial of the petition for certiorari from Justice Clarence Thomas.

“O’Connor and Tutu Discuss Race at HLS”: The Harvard Crimson today contains an article that begins, “Former Supreme Court Justice Sandra Day O’Connor and Nobel Peace Prize winner Desmond Tutu reflected on recent changes in race relations and urged continued efforts to help racial minorities during a two-day conference at Harvard Law School over the weekend.”

You can access more information about the conference at this link.

“The Right Way to Legalize Gay Marriage: Let the people decide, not the courts.” Steve Chapman has this essay online today at Reason.

“The Justice Lets Us Walk Away with a Warning: Clarence Thomas reminds Manhattanites of the importance of freedom and independence.” Kathryn Jean Lopez has this essay at National Review Online.

Last Thursday, Justice Clarence Thomas delivered the annual Wriston Lecture at the Manhattan Institute.

Today, in an op-ed piece titled “How to Read the Constitution,” The Wall Street Journal publishes an excerpt of Justice Thomas’s remarks at last Thursday’s event.

“Racial Preference on the Ballot: Well-funded opposition moves against efforts to ban preferences.” The Wall Street Journal contains this editorial today.

“U.S. court denies trial for Burrillville woman raped by priest”: This article, about the U.S. Supreme Court’s denial of a pro se petition for writ of certiorari, appeared yesterday in The Providence (R.I.) Journal.

“The Supreme Court and the Election: What’s at Stake.” Law Professor Herman Schwartz has this essay in the November 3, 2008 issue of The Nation.

“Crimson tide: Harvard Law School, long fractious and underachieving, is on the rise again – and shaking up the American legal world.” This article appeared yesterday in the Ideas section of The Boston Globe.

“Court rules first cousins’ marriage valid”: Yesterday’s edition of The Advocate of Baton Rouge, Louisiana contained an article that begins, “Louisiana forbids first cousins to marry, but such unions do not violate a strong public policy of the state and must be recognized if performed in a state or nation where they are valid. That recent pronouncement from a state appellate court in Baton Rouge broke new legal ground in Louisiana, which is one of 25 states that prohibit marriages between first cousins.”

You can access last Wednesday’s ruling of the First Circuit Louisiana Court of Appeal at this link.

“Joyce case jurors to undergo their own questioning”: This article appears today in The Erie (Pa.) Times-News.

And The Associated Press provides a report headlined “Insurance fraud case set for ex-Pennsylvania judge” that begins, “After suffering a fender-bender in 2001, a Pennsylvania appellate judge claimed he was left in constant pain, unable to golf or swim or even at times hold a cup of coffee steady. Yet the following year, prosecutors say, he was golfing regularly enough to keep up his handicap, piloted a plane at least 50 times — submitting a medical certificate to the Federal Aviation Administration that stated he had ‘no injuries, physical problems or physical limitations’ — and renewed his membership in a scuba divers association.”

“Texas Supreme Court races tap lots of cash; Democrats make biggest effort in years to unseat GOP justices”: This article appears today in The Houston Chronicle.

And The Birmingham News reports today that “PACs shield donations in Alabama Supreme Court race.”

“Opinion Casts Light on Secretive Justice Dept. Office”: The Washington Post today contains an article that begins, “A legal opinion allowing the Justice Department to dole out a $1.5 million grant to a Christian aid group that makes religious belief a condition of employment is shining new light on an obscure office that interprets laws across the government. The Justice Department Office of Legal Counsel, which issued the interpretation last year to little notice, has been a target of congressional Democrats for its blessing of detainee interrogation techniques and a warrantless eavesdropping program that nearly provoked a mass resignation of top law enforcement officials four years ago.”

And yesterday in The New York Times, Charlie Savage had a front page article headlined “Bush Aides Say Religious Hiring Doesn’t Bar Aid.”