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August 23, 2022

This package of materials was transmitted to the Judicial Conference, and it includes proposed amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2023.

Jon O. Newman
November 2, 2021

This article discusses the way in which federal Article III appellate courts have evolved through legislation from the old circuit courts created by the Judiciary Act of 1789, to the circuit courts of appeals created by the Evarts Act of 1891, and ultimately to the modern courts of appeals, as th

James A. Chance, Evan Lee, Laurie Levenson
October 28, 2021

Federal Criminal Statutes. Experts discuss the Court’s refusal to read statutes broadly and the importance of judges considering the impacts of race and addiction in sentencing. 

Hamid Khan, Erwin Chemerinsky, Michael McConnell
October 28, 2021

Takings. Experts discuss the potential demise of the Penn Central four-part test and the difficulty in determining compensation for temporary and episodic access requirements.

James A. Chance, Suzanna Sherry, Laurie Levenson
October 28, 2021

Constitutional Criminal Law. Experts discuss the Supreme Court’s elimination of the Watershed Exception for procedural rule changes in Edwards v. Vannoy, and the lack of need for specific findings in life without parole sentencing of juveniles in Jones v. Mississippi.  

September 1, 2021

This package of materials was transmitted to the Judicial Conference, and it includes proposed amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2022.

September 15, 2020

This package of materials was transmitted to the Judicial Conference, and it includes proposed amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2021.

Jason A. Cantone, Carly E. Giffin
June 3, 2020

This report evaluates the use of certified questions of state law between 2010 and 2018 in three U.S. circuit courts of appeal: the Ninth, Sixth, and Third Circuits. The data shows variation in the rate of certification and timing of certification events between the circuits.

James D. Garbolino
May 4, 2020

Factual Error | Burden of Proof

April 27, 2020

This package of materials was transmitted to Congress on April 27, 2020, concerning amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2020.

Amendments to the Federal Rules of Practice and Procedure are as follows:

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