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    • January
      15
      2020
      Appellate Practice Section Blog

      U.S. Supreme Court, LGBTQ Discrimination, and Title VII Protections

      The U.S. Supreme Court may soon make a determination on whether sexual-orientation and gender-identity discrimination is a discrimination based on sex. Erin Strohbehn and Max T. Stephenson discuss the cases before the Court that address protections in Title VII of the Civil Rights Act of 1964.

    • September
      27
      2019
      Appellate Practice Section Blog

      Appellate Standards of Review: Finding Justice for Maximum Security (Part 6)

      In this six-part series, Jacques Condon takes a look at the concept and reality of standards of review in appeals. In this sixth and final part, he discusses the appellate review through the courts. “Justice,” he says “takes on the eye of the beholder.”

    • September
      27
      2019
      Appellate Practice Section Blog

      Appellate Standards of Review: Maximizing an Appeal for Maximum Security (Part 5)

      In this six-part series, Jacques Condon takes a look at the concept and reality of standards of review in appeals. In this fifth part, he contemplates how the intersections of different standards of review may come into play in the case involving the horse disqualified from a first-place finish at the 2019 Kentucky Derby. “Can a decision to disqualify truly be unappealable?” he asks.

    • September
      27
      2019
      Appellate Practice Section Blog

      Appellate Standards of Review: Anatomy of an Appeal - Proceed with Caution (Part 4)

      In this six-part series, Jacques Condon takes a look at the concept and reality of standards of review in appeals. In this fourth part, he dissects a few thorny considerations and advises a cautionary approach to review. “Many issues require proceeding with caution in defining the applicable reviewing standard,” he writes.

    • September
      27
      2019
      Appellate Practice Section Blog

      Appellate Standards of Review: The Lingo of Deference (Part 3)

      In this six-part series, Jacques Condon takes a look at the concept and reality of standards of review in appeals. In this third part, he discusses additional standards of review and policy considerations involved in appellate issues and cases. “There are multiple standards, policies, and terminologies to consider,” he writes.

    • September
      27
      2019
      Appellate Practice Section Blog

      Appellate Standards of Review: De Novo Has Many Meanings (Part 2)

      In this six-part series, Jacques Condon takes a look at the concept and reality of standards of review in appeals. In this second part, he explores the nuances of a de novo review. “To understand the concept of ‘de novo’ requires some back-tracking,” he writes.

    • September
      27
      2019
      Appellate Practice Section Blog

      Appellate Standards of Review: 'Neigh' to Kentucky Derby Appeal (Part 1)

      In this six-part series, Jacques Condon takes a look at the concept and reality of standards of review in appeals. In this first part, he sets up the situation, based on the dethroning of 2019 Kentucky Derby first-place finisher, Maximum Security. “As the actual rule – and standard of review – will be front and center,” he writes.

    • April
      25
      2019
      Appellate Practice Section Blog

      Witness to a U.S. Supreme Court Argument

      What’s it like to witness an argument before the U.S. Supreme Court? Shelley Fite takes us to Washington, D.C., where she will watch her husband argue his case before the country’s highest court.

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