Erwin Chemerinsky, Michael McConnell, Shelly A. Easter
September 21, 2023
Elections. Independent State Legislature Theory. Voting Rights Act. Experts discuss the Supreme Court’s rejection of the Independent State Legislature Theory in Moore v. Harper, and the Court’s reaffirmation and application of the Thornburg v. Gingles test to districting questions in Allen v. Milligan.
Executive Power. Major Questions Doctrine. Standing. Experts discuss the Court’s elevated clear statement rule in Biden v. Nebraska, and a potentially diminishing special solicitude toward state standing in United States v. Texas.
Equal Protection. Title VI. Affirmative Action. Experts discuss the Courts move from allowing the consideration of race to remedy past harms and promote diversity, to the emerging constitutional requirement to create a color-blind society.
This guide is designed to assist federal and state judges in dealing with proceedings for the return of children under the 1980 Hague Convention on the Civil Aspects of International Child Abduction.
Grave Risk Defense | Child’s Objection to Return | Role of Trial Court
In this case, after being left in the father’s care for two years, a child was removed from Brazil by his maternal aunt and taken to Massachusetts to live with his mother.
In this case, a motion to set aside judgment under Rule 60(b) was denied for failure to raise material disputed fact. The party must show evidence of a disputed material to support a motion to set aside a judgment based on newly discovered evidence.