Martin Flumenbaum, left, and Brad S. Karp Campus Sexual Misconduct Tribunals, Crimes of Moral Turpitude: Divergent Approaches to Certified Questions in the Second Circuit
Under Second Circuit rule, the court may certify an open question of state law to the state court of last resort. 'Khan v. Yale University' concerned the scope of Connecticut's quasi-judicial immunity doctrine. 'Ferreiras Veloz v. Garland' concerned the scope of New York's petit larceny offense. In each case, the panel faced state-law questions sufficiently uncertain to warrant use of the certification process. The panels' approaches to certification, however, diverged widely.
March 22, 2022 at 12:00 PM
9 minute read
Two recent opinions by the U.S. Court of Appeals for the Second Circuit illustrate divergent approaches in the court's use of certified questions. Under Second Circuit rule, the court may certify an open question of state law to the state court of last resort. Khan v. Yale University, —- F.4th —-, 2022 WL 628128 (2d Cir. March 4, 2022), concerned the scope of Connecticut's quasi-judicial immunity doctrine. Ferreiras Veloz v. Garland, 999 F.3d 798 (2d Cir. 2021) concerned the scope of New York's petit larceny offense. In each case, the panel faced state-law questions sufficiently uncertain to warrant use of the certification process. The panels' approaches to certification, however, diverged widely.
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