WeeklyRoundupGraphic

Each week, the Appellate Advocacy Blog Weekly Roundup presents a few tidbits of news and Twitter posts from the past week concerning appellate advocacy. As always, if you see something during the week that you think we should be sure to include, feel free to send a quick note to either (1) Dan Real at DReal@Creighton.edu or on Twitter (@Daniel_L_Real) or (2) Catharine Du Bois at DuBoisLegalWriting@gmail.com or on Twitter @CLDLegalWriting.

Supreme Court Opinions and News:

Most of the activity concerning the Supreme Court this week was related to the Texas fetal heartbeat abortion law.  That law was scheduled to take effect on September 1, and was specifically written to make prior judicial review difficult.  Nonetheless, litigation was commenced in federal court, where a federal trial court enjoined the law’s taking effect and an appellate court reversed.  That led to emergency petitions before the Supreme Court.  The Court did not issue any response to the emergency petitions prior to September 1, and the law took effect on Wednesday.  Late Wednesday night, by a 5-4 vote in an unsigned brief order, the Court ruled that it would not step in to stop the law from taking effect, indicating explicitly that it was not ruling on the merits or constitutionality of the law.

Coverage of the lead-up and requests for the Court’s review:

Coverage of the Court’s failure to act before the law took effect:

Coverage of the Court’s Wednesday ruling:

Discussion of the implications of the Court’s ruling and a larger discussion about the Court’s “Shadow Docket”:

State Appellate Court Opinions and News:

This week, the Arizona Supreme Court issued a decision eliminating peremptory challenges from the jury selection process.  See this blog post from the Evidence Prof blog.

Appellate Jobs:

The Third Circuit Court of Appeals is taking applications for a staff attorney.  See more at the court’s website, HERE.

Daniel Real

Daniel Real has been a member of the Creighton Law faculty for more than 20 years. He teaches required legal analysis and writing courses for first and second year students, upper level advanced writing and analysis courses, Professional Responsibility, Commercial Contracts, and Sports…

Daniel Real has been a member of the Creighton Law faculty for more than 20 years. He teaches required legal analysis and writing courses for first and second year students, upper level advanced writing and analysis courses, Professional Responsibility, Commercial Contracts, and Sports Law. He is the faculty advisor for the Sports Law Concentration, and he serves as the faculty moderator for the student Sports and Entertainment Law Society. He has been a coach for Creighton School of Law’s highly successful third year National Moot Court Teams since the 2008-2009 academic year, and also coaches other nationally competitive moot court and negotiations teams. He is a member of the Legal Writing Institute, a national organization of legal writing and skills instructors, and is the former chair of the LWI Website and Social Media committee. He served on the diversity committee for the Association of American Law Schools (AALS). He is a member of the Appellate Practice Section of the Nebraska State Bar Association and was one of the organizing editors for the NSBA Appellate Practice Manual.  He is the author of Thompson Reuters Publishing’s Nebraska Appellate Practice and Procedure Handbook and its annual updates.  His other published scholarship and national presentations have focused on written and oral advocacy, appellate practice, implicit bias, bar exam preparation, and sports law. Prior to becoming a member of the faculty, he served as a judicial staff attorney for the Nebraska Court of Appeals for 20 years.

Research Focus

Implicit Bias, Judicial Selection and Retention, Collaborative Learning, Legal Writing, Appellate Practice, Professional Responsibility

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