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Monday, October 20, 2008 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. Posted at 12:00 PM by Howard Bashman "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. Posted at 11:48 AM by Howard Bashman "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. Posted at 11:10 AM by Howard Bashman "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. Posted at 08:14 AM by Howard Bashman "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. Posted at 08:07 AM by Howard Bashman "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. Posted at 08:00 AM by Howard Bashman "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. Posted at 07:55 AM by Howard Bashman "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. Posted at 07:54 AM by Howard Bashman "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."  
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