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participatory / Appellate Practice

Arcane Clauses Employed


This week we hear from Professor Zachary Clopton (Cornell Law), who explains why, before reaching standing questions in pending Emolument Clause suits against the present administration, parties and courts must clearly determine the threshold question of justiciability.

Then, Sophia Lakin and Theresa Lee (ACLU) will visit to unpack their Federal Advisory Committee Act claims just filed against President Trump's Committee on Election Integrity.

Don't forget to take the attached 10-question test to receive your CLE credit for tuning in.

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Related Tests for Appellate practice

participatory/Appellate Practice

Permissible Admission?

Feb. 23, 2018

May a capital defense counsel constitutionally concede his client's guilt, against the client's wishes, where such an admission may be the best chance at avoiding the death penalty? Amicus Albert Giang (Boies Schiller Flexner LLP) argues that the U.S. Supreme Court should answer that question in the negative, and also discusses the tricky line-drawing problems this case presents the high court.

participatory/Appellate Practice

Sugar Wars: A New Hope

Feb. 16, 2018

Can required warning labels on soda advertisements pass First Amendment muster? An en banc 9th Circuit will reconsider the question, after striking such a San Francisco ordinance last year. Our guests Ted Mermin (Public Good Law Center), Ben Winig (ChangeLab Solutions) and Bob Corn-Revere (Davis Wright Tremaine) offer opposing viewpoints.

participatory/Appellate Practice

DACA and the Limits of Reliance

Feb. 9, 2018

Professor Zachary Price (UC Hastings College of the Law) discusses why courts should be wary of overstating the reliance interests that arise from federal non-enforcement regimes, and says that - whatever one's views on the underlying policy - separation of powers concerns recommend reversal of the Northern District's DACA injunction.

participatory/Appellate Practice

An 'Unsettling' Reversal?

Feb. 2, 2018

What does the 9th Circuit's unwinding of a multi-state class action settlement against Hyundai augur for future nationwide suits, or for already concluded claims like the ND CA's $15B Volkswagen settlement? Andrew Trask (McGuire Woods; Class Action Countermeasures) discusses.

general/Appellate Practice

When the 9th Circuit turns to the California Supreme Court

Aug. 25, 2017
By Peder K. Batalden, Felix Shafir

Recent cases suggests that the 9th Circuit might be applying a less stringent standard for when it feels obliged to certify a question about California law to the state high court

participatory/Appellate Practice

Evolving First and Second Amendments

Jul. 28, 2017
By David Kopel, Paul Alan Levy

Paul Levy (Public Citizen) says the 1DCA should have placed a higher burden on defamation plaintiffs seeking identities of anonymous online reviewers in 'ZL Technologies v. Doe'; David Kopel unpacks a D.C. Circuit gun ruling striking down 'good cause' requirements for public carry permits not unlike those approved of recently by the 9th Circuit

participatory/Appellate Practice

PAGA prevails; Takings doctrine gets trickier

Jul. 14, 2017
By Glenn Danas, Bryan W. Wenter

A unanimous California Supreme Court deems discovery of fellow employee contact information in PAGA claims permissible, as lead counsel Glenn Danas explains (Capstone Law APC); and Bryan Wenter (Miller Starr Regalia) discusses how SCOTUS passed up a perfect opportunity this term to clarify Takings law, and instead rendered it even more complex