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Blog Scan

Briscoe Preview: Lyle Denniston at SCOTUSblog has this extensive preview of Briscoe v. Virginia, a Confrontation Clause case to be argued Monday.

Three Successful Executions Yesterday:  Doug Berman writes on Sentencing Law and Policy that yesterday may have "mark[ed] a record for the modern administration of the death penalty in the US" with three successful executions in three different states.  Yesterday, Louisiana executed its first inmate since 2002, Ohio successfully implemented its one-drug lethal injection protocol, and Texas executed cop killer Kenneth Mosely.  Well, not quite a record. According to Berman, and commenter federalist, the Death Penalty Information Center's execution database contains only one day with more executions.  On December 9, 1999 Indiana, Oklahoma, Virginia and Texas carried out four executions. 

Nominations Sent Back to Senate: At Blog of Legal Times, David Ingram posts that President Obama is expected to renominate six people whose names the Senate returned to the White House last month.  According to a White House Official President Obama intends to renominate Dawn Johnsen for the Justice Department's Office of Legal Counsel.  Ingram reports that most Senate Republicans had opposed Johnsen's nomination because her views were too extreme to lead the Office of Legal Counsel.  Two other Justice Department nominees, and two nominees for district court seats are also expected to be renominated.  New York Times writer Charlie Savage also reported on the renominations, and American Constitution Society Blog collected renomination coverage from other sources on Wednesday.
The Supreme Court Returns with Orders and Opinions:  Today, Lyle Denniston has two posts on SCOTUSblog discussing action in the Supreme Court.  The Court has returned from its holiday recess and held a private Conference today.  After the Conference, the Court issued orders and granted certiorari in Dolan v. United States (09-367).  Denniston reports that the Court may issue more orders on Monday and is expected to hand down opinions on Tuesday and Wednesday of next week.

An Interesting SSRN Article on Juvenile Justice:
  CrimProf Blog posts a link to Christopher Slobogin and Mark R. Fondacaro's law review article, Juvenile Justice: The Fourth Option.  The abstract argues that the "punitive approach to juvenile justice, modeled on the adult criminal justice system, either ignores or misapplies current knowledge about the causes of juvenile crime and the means of reducing it[,]" but acknowledges that "claim[ing] that developmental differences between adolescents and adults make the former less blameworthy" is misguided.  They argue these claims are misguided because they "de-emphasize crime-reducing interventions, overstate the degree to which adolescent responsibility is diminished, and play into the hands of those who would abolish the juvenile justice system..."  As to overstating the diminished responsibility, CJLF made a similar point in its brief for the juvenile LWOP cases, Graham v. Florida and Sullivan v. Florida

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