For Monday, September 28

Tuesday audio.

Some last-minute clean-up on Courts of Appeals. Papers will be due the following Monday (October 5).

We then start District Courts. Prep Structure, Jurisdictional Overview, and Well Pleaded Complaint. 

SLAPPing COD

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. 

§ 1257

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.

COD and anonymity

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.

For Tuesday, September 22

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. 

For Tuesday, September 15

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.

Navy Court of Criminal Appeals Argument

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.