harvey wilkinson. [applause] >> perfect. good morning. thank you. thank you very much. thank you. thank you for getting up so early today. i am delighted to be here. one of the great privileges of being the chief justice is that you get to be the circuit justice for the fourth circuit, a tradition going back to john marshall. the role of the circuit justice has changed dramatically since his time. circuit justice is no longer have to ride circuits, that arduous process began in the reign of king henry ii. it came over to the colonies with the english system. over here, riding the circuit was much more arduous given the greater distances. the system fell into disuse after the act of 1891, which set up the system of intermediate courts of appeals we have today. the practice formally ended 100 years ago this year with the judiciary act of 1911. we have worked out a pretty good deal. we will stop interfering directly with your work and you invite us to your conferences. [laughter] before i sit down and joined judge wilkinson, i want to make a few very brief remarks about the state of

wilkinson. [laughter] >> good morning. good morning. thank you. thank you very much. thank you very much. thank you for getting up so early today. i am delighted to be here. one of the great privileges of being the chief justice is that you get to be the circuit justice for the first -- for the fourth circuit. the tradition goes back to john marshall. the role has changed dramatically since his time. chief justice is no longer have to ride circuit. that arduous process began during the 12th century, came over to the colonies with the english legal system, and even though, here, writing circuit was much more arduous given the greater distances and the greater dangers of travel. the system fell into disuse after 1891, which set up the system of immediate courts of appeals that we have today and the practice formally ended 100 years ago this year with the judiciary act of 1911. since that time, we worked out with strikes me as a pretty good deal. we will stop interfering directly with your group and you will invite us to your conferences. [laughter] before i sit down and

i used that, roger wilkinson. the announcement of du bois as an epigraph. and he says there, you know, there is one thinker whose double overshadows both the movement happening here today is du bois. so real connection in between not only what is going on the level of contemporary writers. there is thinking about these issues, is used to my income having to do with identity, conflicts in the aftermath of segregation, the aftermath of obama, but also the voice has had an enormous impact on activists. >> what was his relationship, professor, with bush -- booker t. washington. >> that, of course, is an important thing in the book and something that has been talked about at great lengths in the literature and also is important. when one thinks about the history, activism and african-american political thought, john mearsheimer devotes an entire chapter to washington. so washington, of course, was the most prominent and influential african american political force at the time. and he really did, which is why john mearsheimer thought he had to take washington on.

before i join judge wilkinson, i want to make some comments. my colleagues and i heard 86 cases this year selected from more than 8000 petitions for review. as you know, the argument calendar runs from october to april. , we continued the practice of hearing more cases in the fall than we do in the spring and with the idea that it will give us the chance to start working on decisions rather than having th her distributed evenly throughout the year. the jury is still out on whether we will continue that practice going forward. as of today, the court has issued decisions in 82 of 86 cases that have been argued. we expect to release the last four on monday. when i say we expect to release them, you can probably deduced that the expectations are pretty high since i am here. in this term, the fourth circuit did provide us with some interesting work. opec four cases from the fourth circuit, two affirmed than two reversed. that is not at all since we reverse more cases than we a farm. the fourth circuit did better than average in fact, i did it better

. >> reporter: another client, victoria wilkinson hasn't paid her mortgage for nearly two years sinced walked out. because of the paperwork backlog it could take the bank three years to foreclose. what do you have to say to people who say this is a moral failing? this is immoral what you're doing? >> it's not. i want to do the right thing. but i also need to take care of myself and my son. >> reporter: as for the sistiks, they'll be moving in with family in north carolina, heartbroken to leave their three grandchildren. >> we tried to do it. >> it's a little hard to know what's right, right now. >> reporter: with nearly one in four mortgageholders nationwide now underwater it may be the best hope for some to stay afloat. jim axelrod, cbs news, miami. >>> coming up later on "the early show," anthony weiner has resigned from congress in disgrace. we'll look at how the democrats will move on from the scandal. >>> then the terrorist hit list, american military and business leaders targeted in revenge for osama bin laden's death. >>> plus a concert on the plaza starring jennifer hudson. >>

. >> reporter: another client, victoria wilkinson, hasn't paid her mortgage for nearly two years, since her husband walked out. because of the paperwork backlog, it could take the bank three years to foreclose. and so what do you have to say to people who say "this is a moral failing. this is immoral, what you're doing." >> it's not. i want to do the right thing, but i also need to take care of myself and my son. >> reporter: as for the sistiks, they'll be moving in with family in north carolina, heartbroken to leave their three grandchildren. >> we tried to do what's right. >> it's a little hard to know what's right right now. >> reporter: with nearly one in four mortgage holders nationwide now underwater, it may be the best hope for some to stay afloat. jim axelrod, cbs news, miami. >> pelley: some americans are giving up entirely on the idea of owning a house, choosing instead a condo or an apartment. bill whitaker tells us that in southern california, more of those homes are being built now, but they don't create as many construction jobs as single- family houses do. >> reporter: pu

before i join judge wilkinson, i want to make some comments. my colleagues and i heard 86 cases this year selected from more than 8000 petitions for review. as you know, the argument calendar runs from october to april. , we continued the practice of hearing more cases in the fall than we do in the spring and with the idea that it will give us the chance to start working on decisions rather than having them her distributed evenly throughout the year. the jury is still out on whether we will continue that practice going forward. as of today, the court has issued decisions in 82 of 86 cases that have been argued. we expect to release the last four on monday. when i say we expect to release them, you can probably deduced that the expectations are pretty high since i am here. in this term, the fourth circuit did provide us with some interesting work. opec four cases from the fourth circuit, two affirmed than two reversed. that is not at all since we reverse more cases than we a farm. the fourth circuit did better than average in fact, i did it bett

wilkinson, thank you for joining us this morning.ank you. >>> meantime in other news, russian investigators are trying to determine what caused a plane crash that killed at least 44 people. officials say the twin engine jetliner took off from moscow last night and crashed on to a highway just minutes before it was scheduled to land at an airport in northwestern russia. reports say eight survivors were taken to local hospitals. >>> france is setting the wheels in motion to send former panamanian dictator manuel noriega back to the country he once ruled. noriega served 20 years in a u.s. prison for drug trafficking before sent to france where he was convicted last year on money -- laundering drug money. officials in panama want him back and plan to charge him with the murder of political rivals while he was in power in the 1980s. >>> just ahead on "american morning," call it the jaw shank redemption. >> that was a good line by our writer rick. >> going to take credit for it, thanks a lot. we say that because more than a dozen gators li

he is a member of our family because he served at one time as a law clerk to judge wilkinson before he went on to clerk for justice ginsberg at the supreme court. finally, we have adrian vermeel from harvard, who clerked for the d.c. circuit and for justice scalia on the u.s. supreme court. all of us on the panel want to thank the fourth circuit for its hospitality. the chief judge, judges, and staff could not have been more hospitable are gracious. we are grateful to you. let me take a few minutes as we begin our discussion this morning to try to set the context of the roberts court. it has now completed -- it is completing this weekend its sixth year. it is interesting. i was thinking about the time that passed from the year that earl warren in 1953 became chief justice and the time nine years later when the warren court relief finally came of age, i think when felix frankfurter left the court and arthur goldberg took his place. it was in the early to mid '60's that the warren court handed down many of its landmark decisions -- one-person, one- vote. gideon. miranda. cases like that.

eyewall ask you to jot down the names, isabel wilkinson, it is a must read. if you haven't looked at it the other book is by eugene roberts and it is disintegration. said just a few more things i want to share with you. you have to heed the call of your heart. you can follow other people's directives. don't watch television and say you want to be like that person. you don't know what my daughter sacrificed. you don't know the days that i wasn't at home. follow your heart and answer your calling. each one of us as a calling. if you don't follow your calling the thing you created, we need you to bring that. you can't bring that if you don't take quiet time. quiet time is the most important time in your life. you are just listening in to that small voice that is always calling you. trying to encourage you. relationships, choose wisely. take inventory. don't be desperate. when i am coming for your town i won't across the way that want to speak about relationship or sexually because your parents are here and i don't want folks being mad at me but aids is the numbe

niels hageeil siegal is a member family in a way because he served as a law clerk to judge wilkinson before he went on to clerk for justice ginsburg at the supreme court. finally we have adrian vermeil who is a former law clerk, having clerked for david santell and justice kha[unintelligible] at the supreme court. you could not have been more hospitable or gracious. let me take a few minutes as we begin our discussion to try to set the context of the court. it is completing as of this weekend its sixth year. and it is interesting. i was thinking about the time that passed from the year that role warren became chief justice and nine years later when the warren court finally came of age. it was in the early to the mid 1960's when the court handed down many of its landmark decisions. it is interesting also to note about the same time passed between the year that william rehnquist became chief justice in 1986 and the time in which the rehnquist court came of age. roughly around 1995. the benchmark that year was the u.s. v. lopez. the court seemed to be coming out swinging on areas like f

he served at one time as a law clerk to judge wilkinson before he went on to a clerk for justice ginsberg at the supreme court. finally, we have the john h. watkins professor at harvard who is a former law clerk having clerked for the d.c. circuit and for justice scalia at the supreme court. all of us want to change the fourth circuit for its hospitality. you could not have been more hospitable or more gracious. we are grateful to you. let me take a few minutes as we begin our discussion to try to set the context of the roberts court. is completing its sixth year this week. i was thinking about the time that passed from the year that earl warren, 1953, became chief justice and the time nine years later when the warren court really came of age when felix frankfurter left the court. i was -- it was in the mid-'60s that the warren court handed down many of its landmark decisions. it is interesting to note that about the same period of time passed between when william rehnquist became chief justice and the time in which the rehnquist court came of age, roughly around 1995. the benchmark that

jay wilkinson, i declare this the best we have had. when not conclude the conference there have a safe trip home to read -- conference we have ever had. have a safe trip home. thank you. [applause] >> law professors gathered in west virginia today, listening earlier to a conversation with chief justice john roberts, and talking on this panel about the influences of chief justices of the supreme court at the businesses and free speech cases that top this 2011 term. the chief justice said earlier that he is concerned about the fact that television cameras could have his they were allowed into the court. the associated press remarks on the conservative majority today into the will of the far- reaching rulings which made it harder to achieve class-action lawsuits. the recent walmart case that blocked a sex discrimination suit on behalf of 1.6 million female employees, and another case with at&t against conception, which dealt with contracts where employees waive their right to sue. the supreme court finishes its business on monday, when th

. -- james wilkinson. he can both make your comments or questions. >> i don't mind if you all will be brief. and then i'll respond at the end. >> ambassador bill hughes said the reach of leadership association. welcome. i'd like to take up the specific or postal or suggestion for what you do. currently there is a ttp negotiations going on. one perspective from the retail industry point of view is there's a thought that is important to us. it may be maybe a target gene chip to open up their markets more. other tv one perspective to the issue of jobs and standard of living here. from the retail perspective, we believe change is not ruled to allow, you know, a standard of living. these retail jobs aren't all part-time, minimum-wage jobs. with hundreds of thousands of jobs at the management level that are $85,000 a year. and the ability to import and provide better business do as they are, there's more of those shots. it's an additional perspective taken cannot just simply balancing. it does the retail and our

. -- wilkinson. both make your comments. then the ambassador. >> i don't mind, you'll be brief. we'll hear from all of them. >> yes. oh no. >> ambassador bill hughes with the retail industry leaders association. welcome. i'd like to take up the offer to provide a specific proposal or suggestion. currently there's the tpp negotiations going on. one perspective from the retail industry point of view, there's a thought which is important to us. some interesting on that. it maybe a bargaining chip to open up their markets more. i'd like it give you one other perspective going back to the issues of jobs here. from the retail, we believe changes in that rule to allowing, you know, not just chief goods, but a standard of living. the retail, they are all part-time minimum wage, we have hundreds of thousands of jobs at the management level that are $85,000 a year. if the ability to important and provide better business through that is there, there are more of those jobs there. it's just an additional perspective to take in. not just simply balancing the textile, it does help the retail.