Justice Kagan has more words about the emergency docket, aka shadow docket. This one is about the 9th Circuit panel injunction of California’s law requiring school officials not to share with parents when their children present as trans. The Su...

Three paradoxes feature in this episode:Paradox 1: You must disclose a bankruptcy stay to the Court of Appeal. What about a bankruptcy that does not create a stay?Answer: Yes, the disclose-bk-stay rule also means disclose a bk non...

In Part 2 of our conversation with Michael Shipley, Tim and Jeff dig into the real-world fallout of California's no-horizontal-stare-decisis rule — and the structural fix Shipley has been developing to address it.Shipley walks Tim and Je...

California is the largest common-law jurisdiction where appellate courts don't follow each other—and it happened by accident. In Part 1 of this two-part episode, Michael Shipley explains how Bernard Witkin’s treatise reflections on case dicta b...

In the first half of their conversation with James Mixon, Managing Attorney at California's Second District Court of Appeal, Tim Kowal and Jeff Lewis ask what is healthy AI use, and unhealthy use? To help organize—yes! To replace judgment—no! T...