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Supreme Court: The Term in Review

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Erwin Chemerinsky, Michael McConnell, Hamid M. Khan
October 12, 2023

Preemption. NLRA. Experts discuss the foreseeable, aggravated and imminent danger needed to remove unions from protection under the National Labor Relations Act and to allow actions in state courts to proceed.

Erwin Chemerinsky, Michael McConnell, Hamid M. Khan
October 12, 2023

Dormant Commerce Clause. Experts discuss the reaffirmation of the Pike balancing test and express different interpretations of the Supreme Court’s treatment of extra-territoriality principles.

Laurie Levenson, Evan Lee, Clara J. Altman
October 5, 2023

Criminal Law. Venue. Double Jeopardy Clause. Sixth Amendment. Experts analyze the Supreme Court’s holdings in important criminal law cases. In Smith v. United States the Court rules that double jeopardy does not apply to trials conducted in the wrong venue. Samia v. United States addresses whether use of a non-testifying co-defendant’s confession at trial violates the right to confront witnesses. Finally, they discuss what the dismissal after oral argument of In Re Grand Jury might mean to efforts to expand the scope of the attorney-client privilege.

Laurie Levenson, Evan Lee, Clara J. Altman
October 5, 2023

Criminal Law. Foreign Sovereign Immunities Act. Immigration and Nationality Act. Experts discuss the Supreme Court’s analysis of important criminal law cases. In Turkiye Halk Bankasi v. United States, the Court considers the application of the Foreign Sovereign Immunities Act to criminal cases, and whether immunity can be found in common law. In Pugin v. Garland, the Court defines “relating to obstruction of justice” in the context of removal under the Immigration and Nationality Act.

Erwin Chemerinsky, Tara L. Grove, James A. Chance
September 28, 2023

First Amendment. Public Accommodations. Experts discuss the Supreme Court’s emerging artistic expression exception to public accommodations laws, and the opinion’s potential impact on anti-discrimination laws in general.

Erwin Chemerinsky, Michael McConnell, Shelly A. Easter
September 28, 2023

Civil Rights. Title VII. §1983. Experts discuss the greater religious accommodation requirements for employers the Supreme Court outlines in Groff v. DeJoy, and the continuing availability of §1983 to enforce some private rights created by statutes adopted under the Spending Clause in Health and Hosp. Corp. of Marion Ctny. v. Talevski.

Erwin Chemerinsky, Michael McConnell, Shelly A. Easter
September 21, 2023

Elections. Independent State Legislature Theory. Voting Rights Act. Experts discuss the Supreme Court’s rejection of the Independent State Legislature Theory in Moore v. Harper, and  the Court’s reaffirmation and application of the Thornburg v. Gingles test to districting questions in Allen v. Milligan.

Laurie Levenson, Evan Lee, James A. Chance
September 14, 2023

Executive Power. Major Questions Doctrine. Standing. Experts discuss the Court’s elevated clear statement rule in Biden v. Nebraska, and a potentially diminishing special solicitude toward state standing in United States v. Texas.

Erwin Chemerinsky, Tara L. Grove, James A. Chance
September 7, 2023

Equal Protection. Title VI. Affirmative Action. Experts discuss the Courts move from allowing the consideration of race to remedy past harms and promote diversity, to the emerging constitutional requirement to create a color-blind society.

Laurie Levenson, Evan Lee, Elizabeth C. Wiggins
November 2, 2022

Criminal Law. Voir Dire. Death Penalty Act. Experts discuss the broad authority lower courts have to decide evidentiary questions in the context of high profile and death penalty cases.

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