When one's speech - rather than criminal activity - prompts an arrest, can a First Amendment retaliatory arrest claim be sustained where there existed some probable cause for the arrest? The Ninth Circuit says yes, but most other circuits hold otherwise, and SCOTUS will soon decide the issue in 'Nieves v. Bartlett.' Opposing parties in the pending case, Lisa Soronen (amicus supporting law enforcement) and Tyler Broker (representing the arrestee plaintiff), present their views.

As U.S. Chief Justice John Roberts tries to minimize perceptions of politically-motivated federal courts, the California Constitution Center has published a quantitative study showing that partisan background is, in fact, a poor predictor of California Supreme Court justice voting behavior. Brandon Stracener, the group's senior research fellow, discusses his study's finding on that and other points. Meanwhile, Professor Richard Abel (UCLA Law) explains how his new scholarship undercuts Roberts' efforts, and whether the 'useful fiction' of a neutral judiciary has merit, anyway. Plus, criminal justice reporter Paula Ewing describes a rare move of the state high court to block several of departing Gov. Brown's grants of clemency.

It's confirmed: Joshua Groban will be the newest California Supreme Court justice. Revisit our conversation on Groban's appointment featuring Associate Justice Therese Stewart (1DCA/2), Presiding Justice Arthur Gilbert (2DCA/6), and former State Bar president Howard Miller (JAMS)

A California appellate court, again, has overturned university discipline rendered after a sexual assault claim, and the Department of Education will likely soon rebalance procedural safeguards in favor of accused students. Prof. Lara Bazelon (USF School of Law) and Kelly Woodruff (Cal. App. Law Group) offer differing views on what level of due process should attend campus sexual assault adjudications.

The California Supreme Court heard arguments Wednesday as to what latitude the state has to revise or reduce public employee pensions. The fight is one of several percolating up the courts over 2013 cost-cutting measures. Amici Dan Kolkey (Gibson Dunn, formerly 3DCA) and David Mastagni (Mastagni Holstedt) offer competing views.

Judge James Donato (ND CA) and former U.S. Ambassador Jeff Bleich, in the second edition of their semi-regular podcast series, consider President Trump's reference to "Obama" judges, Jay-Z's assertion that arbitration panels lacks diversity, and the privacy and antitrust concerns around virtual assistants

Does the Eighth Amendment protect one against excessive fines levied by the state? As SCOTUS mulls this lingering incorporation question, two amici - Beth Colgan (UCLA SOL) and Larry Rosenthal (Chapman Univ. Fowler SOL) - offer competing views on the doctrine and the case's ramifications. Plus reporter Erin Lee previews her profile of California Supreme Court Justice Mariano Florentino Cuellar.

An expert panel reviews Gov. Brown's final high court selection, Joshua Groban. Justices Arthur Gilbert (2DCA/6) and Therese Stewart (1DCA/2), and former State Bar president Howard Miller (JAMS) chat Groban, Brown, and the California Supreme Court to come.

The California Supreme Court is set to answer an open question in anti-SLAPP jurisprudence: What's an 'issue of public interest?' With intermediate courts split on the matter, anti-SLAPP expert Kevin Vick (Jassy Vick Carolan) joins to show to argue that only a broad interpretation of those words advances the law's original intent to protect rigorous public discourse. Plus, Professor Jean Reisz (USC Gould SOL) discusses the 9th Circuit's DACA ruling, and the case's likely future.

Amicus filings at the Supreme Court are at record levels, and seem more influential than ever. They're also increasingly submitted by a small coterie of often-coordinated SCOTUS veterans. Professors Allison Orr Larsen and Neal Devins (William & Mary Law), and Supreme Court practitioners Anthony Franze and Reeves Anderson (Arnold & Porter) discuss the burgeoning "Amicus Machine."