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The Curious Lawyer: Supreme Court Secrecy - Shadow Dockets, Leaks and Cameras


Level: Intermediate
Runtime: 63 minutes
Recorded Date: April 29, 2023
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Agenda

• Shadow docket, what is it, how does it work?
        - Case examples: immigration, abortion, death penalty as injunction rulings.
        - 1970’s: lawyers hiking in woods to get to Justice Douglas to rule.
        - 1980’s: rule reform.
        - 2000’s: use expanding to resolve seeming precedential cases.
        - Are they precedential? Lower court confusion as seen from same sex marriage cases to immigration cases today
• Roe leak issue and Roe’s demise foreshadowed by shadow docket ruling.
        - History of various leaks in cases,
        - Secrecy rules & possible legislation, 1st amendment cases on courts and secrecy.
• SCOTUS cameras in court, secrecy, and public transparency.
        - COVID emergency situation…and the flush in time that embarrassed the 9…
        - Current post-COVID standards and pending legislation.
• Ultimate question: Should there be more transparency into SCOTUS or less?

Runtime: 1 hour, 3 minutes
Recorded: April 29, 2023

For NY - Difficulty Level: For both newly admitted & experienced attorneys.
For NY - Difficulty Level: Both newly admitted and experienced attorneys

Description

You’ve probably heard of the Supreme Court’s “shadow docket,” but do you know how it can be used to affect the Court’s rulings? In the next installment of this popular series, Peter Afrasiabi reviews the origins and current usage of the “shadow docket,” including some proposed reforms to the practice. Peter also discusses the broader topic of transparency at the Court in light of the unprecedented leak of a draft opinion, the use of live audio feeds of oral arguments during COVID and other recent developments.

This program was recorded on April 29th, 2023.

Provided By

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Panelists

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Peter Afrasiabi

Founding Partner
One LLP

Peter Afrasiabi is a founding partner at One, LLP, and focuses his practice on copyright, patent, trademark and entertainment litigation. In addition, Peter is a professor and the Director of the Appellate Clinic at University of California, Irvine School of Law.

Peter graduated from University of California, Los Angeles and University of Southern California Gould School of Law.


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