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participatory / Appellate Practice

DACA and the Limits of Reliance

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#141


Related Tests for Appellate practice

participatory/Appellate Practice

Is the End 'Near' for Class Action Cy Pres?

May 18, 2018

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.

participatory/Appellate Practice

Learning the ABCs

May 11, 2018

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.


participatory/Appellate Practice

Looking Behind the Proclamation?

May 4, 2018

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.

general/Appellate Practice

Mooting mootness

May 1, 2018
By Benjamin G. Shatz

You guessed it: There are exceptions to the familiar justiciability doctrine of mootness.


general/Appellate Practice

Mooting mootness

May 1, 2018
By Benjamin G. Shatz

You guessed it: There are exceptions to the familiar justiciability doctrine of mootness.

participatory/Appellate Practice

Left, Right & Gorsuch

Apr. 27, 2018

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.


general/Appellate Practice

Navigating Appeals

Apr. 16, 2018
By Gary A. Watt

Set sail on a voyage through the California Rules of Court for civil appeals. The booty: MCLE credit.