Related Tests for Appellate practice
Is donating to charity surplus class action settlement funds a logical, efficient solution for unclaimed damages, or a Due Process and First Amendment violation that incentivizes collusion and self-dealing? The U.S. Supreme Court will consider the practice next term, reviewing a Ninth Circuit affirmance of a Cy Pres-based settlement. Guests Jeremy Kidd (Mercer Univ. SOL) and Jay Tidmarsh (Univ. Notre Dame SOL) offer differing views on the doctrine's utility, defects, and future.
A new three-step test distinguishing employees from independent contractors stands to tilt worker misclassification suits toward plaintiffs, and reshape many modern, independent contractor-centric business models. Michael Rubin (Altshuler Berzon LLP) and Gina Roccanova (Myers Nave) unpack the new 'ABC Test,' articulated last week by the California Supreme Court, and its implications.
To what extent should the president's statements (on social media, the campaign trail, or in office) bear on judicial review of enacted policy? As SCOTUS weighs the third travel ban, Rory Gray (Sr. Counsel, Alliance Defending Freedom) argues the Court shouldn't look past the policy's professed purpose of national security, while Professor Richard Primus (Univ. of Michigan Law School) contends statements hinting at religious animus should be given their full probative weight.
Three guests weigh the implications of Justice Neil Gorsuch's swing vote last week with his more liberal colleagues in an immigration case; John McGinnis (Northwestern SOL) gleans aspects of Gorsuch's 'modern' originalism, Mark Pulliam (contributing editor, Law and Liberty; Misrule of Law blog proprietor) wonders whether the new justice has already 'gone wobbly,' and Eric Segall (Georgia St. Univ. Law) speculates on what extra-judicial influences might prompt another surprise vote from Gorsuch this term.
Set sail on a voyage through the California Rules of Court for civil appeals. The booty: MCLE credit.