Today's DJ has many appellate-related articles.
- First Muslim, five others confirmed to state court of appeal, details yesterday's CJA hearings in which Halim Dhanidina (2/3), Alison Tucher (1/4), Maria Stratton (2/8), Dorothy Kim (2/5), Michael Raphael (4/2) were confirmed as Justices and Nora Manella was confirmed as 2/4's PJ. See more here.
- State Appellate Court Employees Renew Push for Harassment Policy, noting that 127 appellate court employees (a "majority" from the 2d DCA) have now signed a petition calling for "increased transparency and accountability when reporting allegations of sexual harassment."
- Master Storyteller, profiles GMSR's award-winning novelist "C.E. Tobisman," who says "writing never gets easier," and: "I really enjoy being an appellate lawyer, and part of what I like about it is I think it really is sort of the cutting edge of creativity for the law."
- Also of note from back on August 21 is Lenny Gumport's Stare Decisis Lite in the U.S. Supreme Court describing the three-tiered approach SCOTUS uses, as explained in The Law of Judicial Precedent (2016):
The treatise states: "The U.S. Supreme Court gives strong effect to statutory precedents, medium effect to common-law precedents, and weaker effect to constitutional precedents" (pp. 334-35). The treatise also states: "Although the idea may seem counterintuitive, constitutional precedents are somewhat more protean and mutable than others" (p. 352). The treatise explains: "The doctrine of stare decisis applies less rigidly in constitutional cases than it does in statutory cases because the correction of an erroneous constitutional decision by the legislature is well-nigh impossible. Yet stare decisis should and does play a significant role in constitutional adjudication" (p. 352).
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