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Appeals

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Contains
Format: 2024
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Thomas E. Baker
August 3, 2023

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.

James D. Garbolino
November 17, 2022

Habitual Residence | Standard Appellate Review

Laurie Levenson, Evan Lee, Elizabeth C. Wiggins
November 2, 2022

Criminal Law. Voir Dire. Death Penalty Act. Experts discuss the broad authority lower courts have to decide evidentiary questions in the context of high profile and death penalty cases.

Laurie Levenson, Evan Lee, Elizabeth C. Wiggins
November 2, 2022

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

Erwin Chemerinsky, Michael McConnell, Elizabeth C. Wiggins
October 26, 2022

The Free Speech Clause. Experts discuss the authority of elected bodies to censure their members for speech and actions. They also discuss how the Court’s view of core political speech runs counter to congressional attempts to prevent financial misconduct during campaigns and undue influence after candidates are elected.

Erwin Chemerinsky, Michael McConnell, James A. Chance
October 26, 2022

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.

Erwin Chemerinsky, Michael McConnell, Elizabeth C. Wiggins
October 19, 2022

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.

Erwin Chemerinsky, Michael McConnell, Elizabeth C. Wiggins
October 11, 2022
Erwin Chemerinsky, Tara L. Grove, Elizabeth C. Wiggins
October 5, 2022

The right to bear arms. Experts discuss the Court’s 2nd Amendment expansion to include the right to bear and keep arms outside of the home, and the difficulty of applying the Court’s historical analysis test to new regulations.

Laurie Levenson, Evan Lee, Elizabeth C. Wiggins
September 28, 2022

Civil Rights. §1983. Malicious Prosecution and Miranda Warnings.  Experts discuss how the Court resolved a circuit split as to what constitutes a favorable outcome allowing a claim for malicious prosecution to go forward, and whether violations of Miranda warning rules can support a claim under §1983. 

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