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participatory / Appellate Practice

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Related Tests for Appellate practice

participatory/Appellate Practice

Sanctuary and Supremacy

Mar. 16, 2018

Professor Josh Blackman (South Texas College of Law) takes measure of the DOJ's constitutional arguments in its suit challenging California's laws protecting undocumented immigrants; plus, Gerald Maatman (Seyfarth Shaw) assesses Tinder's arguments that its variable pricing model isn't a civil rights violation, as the dating app company seeks Cal. Supreme Court review.

participatory/Appellate Practice

Constitutional Right to Facebook Posts?

Mar. 9, 2018

With social media evidence increasingly used at criminal trials, do defendants have a constitutional right to subpoena relevant online records while building their case? Don Landis (L/O of Donald Landis) says yes, as the California Supreme Court mulls the question. Plus, Steve Hirsch (Keker, Van Nest & Peters) unpacks the high court's decision on who owns the rights to hourly work when law firms dissolve.

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