David Lat—founder of Above the Law and author and host of Original Jurisdiction blog and podcast—explains what these stories reveal about a legal profession navigating ideological warfare, economic disruption, and the enduring craft of persuasi...

Two explosive First Amendment cases from the Ninth Circuit show how culture-war flashpoints are reshaping speech doctrine and judicial decorum. In B.B. v. Capistrano Unified, the court held that elementary students have enf...

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...