The Fifth Circuit with a new decision again holding that state SLAPP laws do not apply in federal court (you can review the Erie analysis for fun). For our purposes, it has a lengthy discussion of the multi-prong circuit split on whether the denial of an anti-SLAPP motion (often because the motion does not apply in federal court) falls within the COD.
Fair game for a reaction paper. Definitely on next year's oral arguments.
One of our argument cases, which SCOTUS will hear this year, is Suncor Energy v. Cty. Commissioners of Boulder, on the issue of whether § 1257 and Article III allow SCOTUS to review a decision of the Colorado Supreme Court. Here are competing views on the question that might be useful for argument or just for understanding SCOTUS review of state courts.
First circuit decision affirming an order denying leave to proceed anonymously and refusing to close a trial. FN 9 explains why both orders are immediately reviewable.
Tuesday audio. No class on Monday. I will try to plan make-ups for the two classes (next Monday and Labor Day) that we missed.
Prep and review Interlocutory Orders.
Just in case, District Courts should be ready to go; prep Structure. Then we will really get going with that the following Monday.
Monday audio. SCOTUS papers due at the beginning of class.
Here is FRAP 3 and FRAP 4, for your information.
We pick up with Mohawk--what was wrong with the Court's explanation on the third prong, how else could a party gain review, and how might you distinguish the denial of anonymity. Consider the distinct approaches to the third prong between the majority and Justice Alito.
Prep Interlocutory Orders. As part of that, have a look at this new Order dealing with § 1292(b) certification.
At 9 a.m. on Tuesday, September 29 at St. Thomas. You should be able to make it back in time for class.
We will discuss the military court structure later this month.
Tuesday audio. Supreme Court papers due on Tuesday. Please add ten (10) points to the scores for the papers you just got back--I mistakenly graded out of 40 instead of 50. Sorry.
Prep Finality and Collateral Order. Read GEO carefully; it clarified and confused some things about the collateral order doctrine. Try to parse the differences between the majority and Justice Alito.
We will get to Interlocutory Orders later on Tuesday.
Information for the Constitution Day program with Prof. Rabban. Pizza, participation points, and a great academic experience will be provided.
Add 10 points to your paper scores. I forgot that I had upped the value from out of 40 points to out of 50 points. Sorry for the confusion.
We have 17 cases. To manage the load and create shorter days, we will split across two days: Five cases on Wednesday, twelve on Thursday.
Because we have an odd number in the class, Roberts v. Progressive has only one attorney assigned to argue. I also need a volunteer to judge a second case.
The order identifies the judges and counsel for each case. Between now and early November, you must meet with your co-judge to decide who will be chief and your opposing counsel to decide which side you each will represent.
The first name in the case title is Petitioner (loser below). In one case the issue being reviewed is a cross-petition by the winner below. Several cases are listed twice; distinct attorneys and judges will handle distinct issues.
You may write your reaction paper on these cases (if related to the subject of the class panel) so long as you are not assigned that case as judge or counsel.
