In an interesting twist on the administrative-remand rule, the #9thCir held that the general bar on appealing administrative remands doesn't apply when the district court hasn't made a decision on the merits.

#AppellateMastodon #AppellateTwitter

https://finaldecisions.org/the-administrative-remand-rule-non-merits-decisions

The #11thCir dismissed an appeal because the purported Rule 41(a)(1)(A) dismissal of unresolved claims was ineffective. I'm not entirely convinced by this "actions only" interpretation of the rule.
#AppellateMastodon #AppellateTwitter
https://finaldecisions.org/finality-after-rule-41-dismissals-of-claims-actions

Guerrero-Lasprilla continues to change circuit law on the scope of immigration appeals, as the Sixth Circuit held that it can review good-moral-character determinations in cancellation-of-removal cases.
#AppellateMastodon #AppellateTwitter
https://finaldecisions.org/reviewing-good-moral-character-determinations-in-immigration-appeals

The #9thCir clarified its law on appealing the Bivens question as part of a #QualifiedImmunity appeal: it can be done, and it doesn't require pendent appellate jurisdiction.
#AppellateMastodon #AppellateTwitter
https://finaldecisions.org/the-ninth-circuit-on-qualified-immunity-appeals-the-bivens-question-and-pendent-appellate-jurisdiction

This #7thCir opinion provides a good primer on the difference between conceding issues for purposes of an appeal and waiving those issues on appeal (with suggestions of how to make sure you're doing the former).
#AppellateMastodon #AppellateTwitter
https://finaldecisions.org/conceding-issues-for-purposes-of-appeal-v-waiving-issues-on-appeal

I’ve put the weekly appellate-jurisdiction roundup on hiatus for a now. In its place, I’m going to try (emphasis on try) more individual posts and monthly roundups.

So here is the roundup for January 2023, featuring a cert grant on a long-simmering circuit split, a new circuit split on contempt appeals, some pendent appellate jurisdiction, and a new cert petition on another split.

#AppellateMastodon #AppellateTwitter

https://finaldecisions.org/the-month-in-federal-appellate-jurisdiction-january-2023/

There's a new cert petition on the post-Guerrero-Lasprilla split over jurisdiction to review hardship determinations in immigration appeals.
#AppellateMastodon #AppellateTwitter
https://finaldecisions.org/new-cert-petition-on-reviewing-hardship-determinations-in-immigration-appeals/

Updating this thread to note that the draft is now posted on SSRN.

“Supreme Court Litigators in the Age of Textualism” examines 35 years’ worth of #SupremeCourt briefs to see how litigators’ use of interpretive tools has changed over time and how their practices compare to the Court’s practices.

Link here: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4339838

#appellatetwitter #appellatemastodon

Abstract:

I've got oral argument Friday, and I am at the point in prep where my brain is so full/fried, I am like

"May it please the Court." [awkward pause] [looks at notes]. "Eric Brignac for the appellant . . ."

#law #lawfedi #appellate #appellatemastodon #appellatefedi #appellatetwitter

In a significant ruling, the Massachusetts Appeals Court held today that the Springfield police dept's policy of detaining witnesses in locked police cruisers "for safety and security" in the wake of a shooting "constitutes flagrant police misconduct." As a result the witness/defendants' non-Mirandized statements were suppressed. Great work by appellate counsel. Springfield's police dept is an ongoing constitutional violation. #mapoli #AppellateMastodon Opinion: https://www.mass.gov/files/documents/2023/01/18/y21P0881.pdf

I asked #ChatGPT to write a legal brief analyzing a relatively obscure area of law about which I know a lot.

And 95% of it was very well done—exceeding my expectations. But the 5% that was wrong was really really wrong. Like “order to show cause why this doesn’t fall below basic competency” wrong.

It seems like, at this point, it’s a useful tool that I would be terrified to use without checking behind it so much that it would not save any actual time.
#law #AppellateMastodon #LawFedi

what a great piece by slate. thank you, this is straight facts. #publicdefender #mentalhealth #appellatemastodon

https://slate.com/technology/2023/01/public-defender-mental-health-trauma.html

It's the annual winter-break appellate-jurisdiction roundup, featuring the collateral-order doctrine, factual challenges in withholding appeals, the Solicitor General’s authorization and the timeliness of government appeals, and more.
#AppellateMastodon #AppellateTwitter
https://finaldecisions.org/the-weeks-in-federal-appellate-jurisdiction-winter-break-2022

I had the INCREDIBLE opportunity to speak with House GC Doug Letter last week. A 42-year-veteran of the Justice Department, Letter helped define congressional power during Trump's impeachments and the Jan 6 investigation just as House Republicans are set to take the reigns.

#lawfedi #law #appellatemastodon
https://www.law.com/nationallawjournal/2023/01/03/former-house-counsel-douglas-letter-on-jan-6-congress-subpoena-powers-and-his-future-at-brady-campaign/

“Adams, who identifies as a male, argues that the policy violates Adams’s rights because, as a transgender student, Adams cannot use the bathroom that corresponds to the sex with which Adams identifies."

Rufus Xavier Sarsaparilla, much?

https://youtu.be/koZFca8AkT0

#lgbtq #trans #law #legal #appellatetwitter #AppellateMastodon

I don’t want the #FTX defendants or the #JAN6 defendants to get less procedural protections. It *should* be hard for the state to convict people.

What I want is for *all* criminal defendants in this country to get the same protections in law and in fact.

#Law #LawFedi #Appellate #AppellateMastodon #PublicDefender

Yesterday I had the privilege of presenting research at a virtual workshop organized by the AALS Legislation section and @jessecross. I discussed an empirical project on #SupremeCourt briefing practices. In particular, I've studied how litigants have changed their approach to arguing statutory cases during the era of the rise of textualism.

We don't have much systematic data on briefs.

A few key findings and figures are in the posts below.

#AppellateTwitter #AppellateMastodon #LawProfs

It is that strange time of year, when phone calls with my clients who are in prison end with “Merry Christmas“ or “Happy Holidays“ because it would be weird not to say. But we both know that they are going to be spending the day in prison, which makes it kind of weird to say.

#Law #LawFedi #Appellate #AppellateMastodon #PublicDefender

@rbphillipsjr I've settled in here. It takes a little time. Mastodon was already a fully inhabited and functioning social network—with lots of communities—before #AppellateTwitter started to arrive. The folks living here worked on the messy details for years. The complexity of what they built (post visibility levels, the federation system, letting hashtags control which words are searchable) is designed to foster those communities.

Oh, and there's an "edit" button. #Appellate #AppellateMastodon

The defender urge to tell the truth and make the brief about the evil of racial capitalism. #AppellateMastodon