Appellate Practice
Oct. 14, 2016
Weekly Appellate Report #24
Ian Fein (Orrick) chats the Ninth Circuit's new review standard for FOIA appeals after ALDF v. FDA; Prof. Scott Dodson (UC Hastings) discusses his recent book The Legacy of Ruth Bader Ginsburg as SCOTUS' new term opens
This week's show considers a brand new appellate review standard in the Ninth Circuit, and a venerable member of the U.S. Supreme Court, Justice Ruth Bader Ginsburg, who began her 24th term earlier this month when the Court reconvened.
First Ian Fein, of Orrick, will visit to discuss the case of ALDF v. FDA, a recent Ninth Circuit reversal that overturned the circuit's precedent in the context of Freedom of Information Act appeals. A panel previously affirmed the case in April, under the old, deferential standard of review, but, in that ruling, the three judges concurred together in asking the circuit's judges to vote en banc to reconsider the review standard. An en banc court did just that, and replaced the deferential, clear error standard, with a more exacting appellate test for FOIA cases like ALDF, which was disposed of at the summary judgment stage notwithstanding some material factual disputes. Mr. Fein played a role in the appeal and will discuss its impact on future FOIA litigation
Then, as the U.S. Supreme Court begins its new term, Scott Dodson, professor of law at UC Hastings, will chat about his recent book on one of the court's longest-tenured and most-revered members, Ruth Bader Ginsburg. Dodson edited and contributed to the book, which features essays from noted legal minds and correspondents, including Nina Totenberg, Dahlia Lithwick, and Neil and Reva Siegal, and which is the first comprehensive treatment of Ginsburg's life and legacy. The book, with both personal anecdotes and doctrinal analysis, explains the outsize impact Ginsburg has made upon constitutional law, particularly in areas of equal protection analysis and gender equality, as well as civil procedure and federal court jurisdiction.
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Brian Cardile
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