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.

U.S. Supreme Court:

  • On Thursday, the Court entered a brief, unsigned order in which it granted a request from the Trump administration to pause a lower court ruling obligating the National Institutes of Health to continue paying $783 million in grants linked to DEI initiatives.  Justices Coney Barrett, Thomas, Alito, Gorsuch, and Kavanaugh provided the deciding votes in the 5-4 ruling.  The Court’s order is HERE.

 

  • Alex Swoyer at Washington Times had an article this week previewing cases that will be heard by the Court in the upcoming term and in which decades-old precedents may be overturned.  The cases involve presidential authority to remove heads of federal agencies, school prayer, same-sex marriage, and the Voting Rights Act.
    • Read the article HERE.

 

Federal Appellate Courts:

  • On Tuesday, the Tenth Circuit Court of Appeals issued an opinion in which the court struck down a 7-day cooling off period for gun purchases.  In the opinion in Ortega v. Grisham, Judge TImothy Tymkovich held that the New Mexico law at issue required “no individualized reason to conclude that a prospective consumer is a danger to himself or the community” and that the law did not provide a means to excuse anyone from the waiting period because of personal danger.  As a result, the court held the law infringed the Second Amendment.

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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