During this podcast, Associate Dean Rodger Citron and Associate Dean Tiffany Graham discuss the Supreme Court’s “shadow docket.”
The Supreme Court’s shadow docket refers to emergency decisions and other orders decided by the Court outside of its merits docket, which refers to cases decided after full briefing and oral argument. In the past few months, the Court has issued orders in a number of important cases on the shadow docket, generating substantial interest in this topic. The phrase “shadow docket” was coined in a 2015 Law Review article by Professor William Baude. (see Foreword: The Supreme Court’s Shadow Docket).
Associate Deans Citron and Graham discuss the increase in significant cases decided on the shadow docket, including the challenge to a recent Texas law restricting access to abortion, and consider the reasons for and criticism of this development.
Brought to you by the Touro Law Review.
Our guest, Tiffany Graham, is the Associate Dean for Diversity & Inclusion and an Associate Professor of Law at Touro College, Jacob D. Fuchsberg School of Law, where she teaches Constitutional Law.
Tiffany C. Graham – Associate Dean for Diversity & Inclusion and Associate Professor of Law
Tiffany C. Graham joined the faculty at Touro Law Center in Long Island, New York in May 2020 after serving for six years on the faculty and as the Associate Dean of Academic Affairs at the University of South Dakota School of Law. Professor Graham primarily teaches in the areas of constitutional law and race and the law, but has also taught criminal procedure, law and sexuality, and torts.
She has written and spoken nationally on topics broadly related to LGBTQ+ equality, including marriage equality, LGBTQ+ youth homelessness, conversion therapy, and the integration of LGBTQ+ communities in rural spaces. Her work has appeared in multiple journals, most recently in the Creighton Law Review and the University of Missouri-Kansas City Law Review, and has been cited at various stages of appellate litigation.
In addition to her scholarly work, Professor Graham is active in the professional community, where she recently served as the Chair of the South Dakota State Advisory Committee to the United States Commission on Civil Rights, and has now been appointed to the corresponding New York State Advisory Committee. She has also served on various boards of directors and fulfilled an appointment to the Magistrate Judge Selection Panel for the United States District Court for the Eastern District of Pennsylvania.
A graduate of Harvard and Radcliffe Colleges and the University of Virginia School of Law, she previously clerked for the Honorable Richard W. Roberts on the United States District Court for the District of Columbia and did commercial litigation in the Los Angeles office of Quinn Emanuel Urquhart Oliver and Hedges, LLP. Professor Graham was named a U.S. Fulbright Scholar in 2014.

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