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Civil Litigation & Procedure

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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.

Laurie Levenson, Evan Lee, James A. Chance
September 14, 2023

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.

Erwin Chemerinsky, Tara L. Grove, James A. Chance
September 7, 2023

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.

James D. Garbolino
August 31, 2023

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.

Emery G. Lee, Kristin A. Garri
March 8, 2023

This report fulfills the Center’s requirement under the Consolidated Appropriations Act, 2022 (Pub. L. No.

Ronnie Abrams
February 24, 2023

Opinion, Tanvir v. Tanzin, No. 1:13-cv-6951 (S.D.N.Y. Feb. 24, 2023), D.E. 149, 2023 WL 2216256, appeal pending, No. 23-738 (2d Cir. docketed Apr. 26, 2023).

James D. Garbolino
February 17, 2023

Grave Risk | Domestic Violence | Effect of Asylum Grant | Zone of War or Famine | Inability of Local Courts to Fairly Adjudicate Custody Case

James D. Garbolino
February 9, 2023

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.

James D. Garbolino
November 17, 2022

Motion to Set Aside

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.

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