Monday, November 1, 2021

Appellate article roundup

Today's DJ has PJ Gilbert's Who's in charge? in which he notes the "troubling phenomenon" of law students "running the agenda" at law schools.

Law360 has Sung Likely Still On Track For 9th Circ. Despite GOP Enmity and last Friday had an article here about the Senate Judiciary Committee advancing Judge Koh.

Law.com has An Entire Circuit Is Recused From a Case. These Lawyers Want to Know Which Judges Are Handling It Instead

  • The Jane Roe lawsuit is currently before the U.S. Court of Appeals for the Fourth Circuit. The full circuit recused itself soon after the appeal was filed, presumably because the complaint names the circuit, its chief judge and judicial council.
  • The Fourth Circuit typically does not reveal the panel of judges hearing an appeal until the morning of arguments.
  • the last time all of the circuit’s judges were recused .... Three judges from other courts—Duane Benton of the Eighth Circuit, Kent Jordan of the Third Circuit and Ronald Lee Gilman of the Sixth Circuit—were assigned the case.
  • Such assignments are handled by Chief Justice John Roberts, who receives recommendations from the Intercircuit Assignments Committee, which is part of the Judicial Conference, the administrative body for the federal courts.

Law school professors argued Friday that it might be time to reevaluate the 40-year "experiment' of the Federal Circuit, which they said had failed to bring uniformity to patent law and had stifled the creativity that comes with multiple circuit courts reviewing the same issues.


Also, note that the 6th Circuit has canceled its 2021 conference: "After much consideration, we have made the difficult decision to cancel the Sixth Circuit Judicial Conference scheduled to take place in Cleveland, Ohio, from December 15 to 17, 2021. At this time, we believe health and safety concerns would result in low turnout and require social distancing and masking. The purpose of our conference--- to engage with each other---would be significantly impaired."


At The Lectern's weekly report on petitions for review notes the granting of (1) a petition filed ten days late and (2) a petition filed by a pro per.