Monday audio. Panel # 2 papers due tomorrow. Constitution Week panels tomorrow and Wednesday; both at 12:30 in RDB 1000. We will look for some make-up times for 9:30, TBD.
Continue with Finality. Can you explain how COD has broken out, along the lines of the three elements of Cohen? Consider:
X, the defendant in a criminal prosecution, challenges (as a Fifth Amendment violation) a court policy of keeping pre-trial detainees in five-point shackles during non-jury court proceedings, regardless of whether the detainee poses a security threat; the court holds that the shackling is permissible. Can X appeal under COD? How should we understand the decision for purposes of the third prong of Cohen?
Move to Interlocutory Review, including all the assigned statutes. How do all the various mechanisms fit together as a whole?
