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Such Inferior Courts?

Nov. 17, 2017

Under Article III Congress may 'ordain and establish' lower federal courts , but can it direct them to 'promptly dismiss' cert...


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Conscientious Objectors?

Nov. 10, 2017

In 'Hernandez v. Restoration Hardware,' argued Tuesday, Ryan Wu (Capstone Law APC) says the California Supreme Court has a cha...


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Honestly Overbroad?

Nov. 3, 2017

As tech titans reckon with disruptive foreign interference, Congress debates the Honest Ads Act, aimed at exposing invidious o...


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Various historical drivers created our near-absolute free speech protections; will contemporary forces - fake news, terrorism,...


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Aliens v. Corporations

Oct. 16, 2017

As SCOTUS hears arguments in 'Jesner v. Arab Bank,' international law experts Kristin Linsley (Gibson, Dunn & Crutcher) an...


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Loyola Law School professor Justin Levitt unpacks this week's SCOTUS arguments on political gerrymandering, and UC Davis Schoo...


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Supreme Court Preview

Oct. 2, 2017

Is it time for judicial action on political Gerrymandering? Is baking speech (and does it matter)? Has modern technology outpa...


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9th Circuit Bounds?

Sep. 15, 2017

Ryan Bounds’ colleague and chair of the 9th Circuit Appellate Lawyer Representatives, James Azadian, discusses the nominee’s c...


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Bail reform champions argue public safety, more than wealth, should determine defendants' pre-trial release chances; but after...


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Substantial suits set to shape class action, employment and consumer law jurisprudence await appellate rulings on threshold ju...


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Appellate Practice

Capital Compromise

Aug. 25, 2017

The California Supreme Court upholds much of Prop 66 but undercuts its central provision requiring death penalty appeals to cu...


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SCOTUS, by the Numbers

Aug. 18, 2017

Kedar Bhatia (Greenberg Traurig), curator of SCOTUSBlog’s annual statistical analysis of U.S. Supreme Court terms, visits to r...


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Constitutional Law, Appellate Practice

A Fourth for the 21st?

Aug. 11, 2017

Will SCOTUS modernize Fourth Amendment doctrine in 'Carpenter v. U.S.,' involving warrantless searches of modern tech-generate...


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Weekly Appellate Report, Constitutional Law, Appellate Practice

Paul Levy (Public Citizen) says the 1DCA should have placed a higher burden on defamation plaintiffs seeking identities of ano...


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Weekly Appellate Report, Appellate Practice

Arcane Clauses Employed

Jul. 21, 2017

Guests discuss two lesser-known pieces of federal law gaining prominence in recent suits against the current administration; P...


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Appellate Practice

A unanimous California Supreme Court deems discovery of fellow employee contact information in PAGA claims permissible, as lea...


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How a split Cal. Supreme Court leaves uncertainty about Prop 36 resentencing discretion, and a unanimous Texas high court quer...


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Weekly Appellate Report, U.S. Supreme Court, Securities, Immigration, Government, Constitutional Law, Appellate Practice

Podcast: SCOTUS Sum-Up

Jun. 30, 2017

What's a 'bona fide' relationship? When will SCOTUS opine on public firearm carry? How high is the wall between church and sta...


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SCOTUS slaps down California's 'sliding scale' approach to specific personal jurisdiction, explains Blaine Evanson (Gibson Dun...


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Legal educators and commentators Frank Wu (UC Hastings) and Stephen Diamond (Santa Clara) revisit Whittier Law School's closur...


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This week the state high court debates Prop 66, passed narrowly in November and designed to quicken California's criminal exec...


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Does a state provision meant to protect residents from new taxes apply when voters themselves initiate the tax? The Cal. Supre...


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An en banc D.C. Circuit weighs the Consumer Financial Protection Bureau's constitutionality, explains Mike Calhoun (C...


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The 4th Circuit's undoing of North Carolina's post-Shelby County voting laws stands; Prof. Richard Hasen (UCI Law) ex...


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Appellate Practice

What's in a week? The Cal. Supreme Court clarifies what's demanded of employers by weekly day-of-rest statutes, as Wendy McGui...


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Net neutrality may meet SCOTUS review, after the D.C. Circuit declines to rehear en banc its approval of the rules. P...


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Weekly Appellate Report

Two friends of the Court offer contrasting views on the Cal. Supreme Court personal jurisdiction ruling argued before SCOTUS T...


Two friends of the Court offer contrasting views on the Cal. Supreme Court personal jurisdiction ruling argued before SCOTUS T...


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Professor David Engstrom explains CalPERS v. ANZ Securities, which entails Neil Gorsuch's first day of oral argument ...


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Appellate Practice

Is it a tax or a fee? Adam Hofmann (Hanson Bridgett LLP) explains how the answer in Jacks v. City of Santa Barbara co...


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