This primer is a brief introduction to the complexity and nuance in the subject-matter jurisdiction of the U.S. courts of appeals. It examines procedural issues related to the exercise of appellate jurisdiction in appeals from final judgments and interlocutory appeals.

Criminal Law. Confrontation Clause. Experts discuss the tension between evidentiary rules and the Confrontation Clause.

The Free Speech Clause. Experts discuss the Court’s clarification of content-based and content-neutral speech regulation, as well as the important distinction between government as speaker and government as creator of forums for private speech in First Amendment jurisprudence.

The Establishment and Free Expression of Religion Clauses. Religious Land Use and Institutionalized Persons Act (RLUIPA). Experts discuss the Court’s redefinition of government neutrality to require support of both secular and religious schools and the potential impact on government support of many secular activities going forward. Experts also discuss the exacting form of strict scrutiny the Court requires when the government restricts the religious activities of incarcerated persons in the context of the execution chamber.