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Civil Litigation & Procedure

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Term Talk: Students for Fair Admissions v. Harvard College

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.

The 1980 Hague Convention on the Civil Aspects of International Child Abduction: A Guide for Judges, Third Edition

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.

Jurisdictions with a High Number of Civil Jury Trials

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.

Dismissal on Qualified Immunity

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, aff'd, 120 F.4th 1049 (2d Cir. 2024).

Case Commentary: Salame v. Tescari, 29 F.4th 763 (6th Cir. 2022)

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

Case Commentary: J.C.C. v. L.C., No. 20-3289, 2022 U.S. App. LEXIS 8498 (3d Cir. Mar. 31, 2022)

James D. Garbolino

February 17, 2023

Child’s Objection to Return

Case Commentary: Vieira v. De Souza, 22 F.4th 304 (1st Cir. 2022)

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.

Case Commentary: Douglas v. Douglas, No. 21-1335, 2021 WL 4286555 (6th Cir. Sept. 21, 2021)

James D. Garbolino

November 17, 2022

Habitual Residence | Summary Dispositions

In this case, the Sixth Circuit reviewed an habitual residence finding, applying the totality of the circumstances.

Holding

Case Commentary: Jones v. Fairfield (In re ICJ), 13 F.4th 753 (9th Cir. 2021)

James D. Garbolino

November 17, 2022

Grave Risk | Exercise of Custody Rights | Undertakings | Ameliorative Measures

Case Commentary: Harm v. Lake-Harm, 16 F.4th 450 (5th Cir. 2021)

James D. Garbolino

November 17, 2022

Habitual Residence | Standard Appellate Review

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Civil Litigation & Procedure

Term Talk: Students for Fair Admissions v. Harvard College

The 1980 Hague Convention on the Civil Aspects of International Child Abduction: A Guide for Judges, Third Edition

Jurisdictions with a High Number of Civil Jury Trials

Dismissal on Qualified Immunity

Case Commentary: Salame v. Tescari, 29 F.4th 763 (6th Cir. 2022)

Case Commentary: J.C.C. v. L.C., No. 20-3289, 2022 U.S. App. LEXIS 8498 (3d Cir. Mar. 31, 2022)

Case Commentary: Vieira v. De Souza, 22 F.4th 304 (1st Cir. 2022)

Case Commentary: Douglas v. Douglas, No. 21-1335, 2021 WL 4286555 (6th Cir. Sept. 21, 2021)

Case Commentary: Jones v. Fairfield (In re ICJ), 13 F.4th 753 (9th Cir. 2021)

Case Commentary: Harm v. Lake-Harm, 16 F.4th 450 (5th Cir. 2021)

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