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typo: he can start fresh with new ideas for a good script and NOT make a continuaton for the a story with the same guys AGAIN.

oh, and regardless of anything, nolan would not recast the joker AGAIN in the next movie because of many logical reasons:
1. He served his purpose to the fullest extent in the dark knight. Anything more would be overkill.
2. Despite all the b.s. about extra footage of ledger for the 3rd movie or his death preventing him from changing the plans for a planned third script involving the joker- all b.s. Heres the real deal: David S Goyer (helped) write Batman Begins, with two treatments for a second movie with dent, gordon and bats fighting the joker. The third treatment would involve the joker on trial and would scar dent, becoming two-face. They smushed that into what became The Dark Knight. Nolan probably wanted to do this so he wouldnt drag the story out to far.
Why? because (read #3)
3. Nolan doesnt like repeating his work. The only villian to make it into both Batmans was Scarecrow because he wasnt the main character in Batman Begins, and it was a nice way to familiarize viewers with the previous movie. Scarecrow was also used as a nice segway into The Dark Knight, which was ENTIRELY DIFFERENT than Batman Begins- and thats the whole point. Nolan will create an entirely different Batman movie third time around because thats the style that works for him. He also likes doing one thing at a time and not half assing his work. Thats another reason why he probably melded those two treatments together- he can start fresh with new ideas for a good script, a continuation for a story with the same guys AGAIN.
So, in essence, no Joker, people. And now my own personal opinion, who the HELL could top Heath anyway??!!!
Check out these OFFICIAL sources:
BATMAN ON FILM
THE DARK KNIGHT MOVIE CHRONICLES
THE DARK KNIGHT (MOVIE) WIKIPEDIA
these are the best ones to believe, not crappy rumors!!!

the joker will not be cast for the 3rd movie, especiallly if nolan directs- which, he most likely will, based on the strong speculation that warner bros signed him to do his movie "inception" and may have signed an additional clause with his "inception" contract that states he does "batman 3" Writers and directors associated with the screenwriters guild are required to submit any work they are currently doing, and he is currently listed as the only screen writer attached to batman 3. It also explains why warner bros is waiting untill 2012 to release it. If they wanted to make it with another director, it would be in pre-production by now. They are waiting until nolan is done with inception, and a finished script for batman 3.

RIP, Heath- wherever you reside now, let it be a peaceful place. I think that based on what they have done with BB as far as an intelligent movie with a great cast, and with TDK as far as what we have seen so far, the third movie will be in good hands. Now lets talk Joker. Already regarding what Nolan has said about his Joker from TDK, the Joker has no origin, which is perfect. In the comics, and in almost every age or era of the character, becomes the joker in a plethera of ways. And you wont EVER really know how, either. Why? Because the Joker is insane. And in his chaotic mind, he is the only one who knows- and just when he gives you the scoop, he changes his mind. Thats the beauty of situation. Heath breathed life into the character the way we wanted to see it. And now that hes gone, what will they do? The best thing they can do upon choosing to keep the character for a 3rd movhe is to simply cast the right actor and keep the theme of the Joker they have created for this franchise. After all, the Joker changes his psychotic tune all the time, does he not? Its ok if its a little different. Hell, a the new guy might be as good or better than Heath! I have faith in Chris Nolan and his crew. They seem to know what theyre doing and arent a bunch of shmucks like J.S. ;) so just sit back and enjoy Heaths final performance and we will see what unfolds...