The Washington Post's Presidential podcast explores how each former American president reached office, made decisions, handled crises and redefined the role of commander-in-chief. It was released leading up to up to Election Day 2016, starting with George Washington in week one and ending on week 44 with the president-elect. New special episodes in the countdown to the 2020 presidential election highlight other stories from U.S. presidential history that can help illuminate our current momen ...
…
continue reading
内容由SCOTUS Audio提供。所有播客内容(包括剧集、图形和播客描述)均由 SCOTUS Audio 或其播客平台合作伙伴直接上传和提供。如果您认为有人在未经您许可的情况下使用您的受版权保护的作品,您可以按照此处概述的流程进行操作https://zh.player.fm/legal。
Player FM -播客应用
使用Player FM应用程序离线!
使用Player FM应用程序离线!
Dupree v. Younger
Manage episode 361779050 series 3427391
内容由SCOTUS Audio提供。所有播客内容(包括剧集、图形和播客描述)均由 SCOTUS Audio 或其播客平台合作伙伴直接上传和提供。如果您认为有人在未经您许可的情况下使用您的受版权保护的作品,您可以按照此处概述的流程进行操作https://zh.player.fm/legal。
This case presents a clear, recognized, and intractable conflict regarding an important issue related to the preservation of legal claims for appeal. Parties may appeal only from "final decisions of the district courts." 28 U.S.C. § 1291. Thus the general rule is that "[a]n appeal from the final judgment brings up all antecedent issues," In re Kilgus, 811 F.2d 1112, 1115 (7th Cir. 1987), and that "all interlocutory orders are reviewable on appeal from the final decree," Gloria Steamship Co. v. Smith, 376 F.2d 46, 47 (5th Cir. 1967). "Interlocutory orders therefore may be stored up and raised at the end of the case." Kurowski v. Krajewski, 848 F.2d 767, 772 (7th Cir. 1988). Notwithstanding these precepts, the circuits have squarely divided over whether purely legal claims denied at summary judgment are reviewable on appeal after a jury trial where those claims have not been reasserted in a post-trial motion. In the decision below, the Fourth Circuit acknowledged the 8-3-1 circuit split. But the panel declared itself bound by Fourth Circuit precedent and held that it would "not review, under any standard, the pretrial denial of a motion for summary judgment after a full trial and final judgment on the merits, even in circumstances where the issue rejected on summary judgment and not reasserted in a post-trial motion is a purely legal one." That holding was outcome-determinative-the sole basis on which the court refused to consider petitioner's PLRA exhaustion defense-and this case is a perfect vehicle for resolving the widespread disagreement over this important question. The question presented is: Whether to preserve the issue for appellate review a party must reassert in a post-trial motion a purely legal issue rejected at summary judgment.
…
continue reading
80集单集
Manage episode 361779050 series 3427391
内容由SCOTUS Audio提供。所有播客内容(包括剧集、图形和播客描述)均由 SCOTUS Audio 或其播客平台合作伙伴直接上传和提供。如果您认为有人在未经您许可的情况下使用您的受版权保护的作品,您可以按照此处概述的流程进行操作https://zh.player.fm/legal。
This case presents a clear, recognized, and intractable conflict regarding an important issue related to the preservation of legal claims for appeal. Parties may appeal only from "final decisions of the district courts." 28 U.S.C. § 1291. Thus the general rule is that "[a]n appeal from the final judgment brings up all antecedent issues," In re Kilgus, 811 F.2d 1112, 1115 (7th Cir. 1987), and that "all interlocutory orders are reviewable on appeal from the final decree," Gloria Steamship Co. v. Smith, 376 F.2d 46, 47 (5th Cir. 1967). "Interlocutory orders therefore may be stored up and raised at the end of the case." Kurowski v. Krajewski, 848 F.2d 767, 772 (7th Cir. 1988). Notwithstanding these precepts, the circuits have squarely divided over whether purely legal claims denied at summary judgment are reviewable on appeal after a jury trial where those claims have not been reasserted in a post-trial motion. In the decision below, the Fourth Circuit acknowledged the 8-3-1 circuit split. But the panel declared itself bound by Fourth Circuit precedent and held that it would "not review, under any standard, the pretrial denial of a motion for summary judgment after a full trial and final judgment on the merits, even in circumstances where the issue rejected on summary judgment and not reasserted in a post-trial motion is a purely legal one." That holding was outcome-determinative-the sole basis on which the court refused to consider petitioner's PLRA exhaustion defense-and this case is a perfect vehicle for resolving the widespread disagreement over this important question. The question presented is: Whether to preserve the issue for appellate review a party must reassert in a post-trial motion a purely legal issue rejected at summary judgment.
…
continue reading
80集单集
所有剧集
×欢迎使用Player FM
Player FM正在网上搜索高质量的播客,以便您现在享受。它是最好的播客应用程序,适用于安卓、iPhone和网络。注册以跨设备同步订阅。