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Certiorari

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Erwin Chemerinsky, Paul Clement, Elizabeth C. Wiggins
February 12, 2026

First Amendment. Speech. Experts discuss the Supreme Court decisions applying intermediate scrutiny to speech restrictions encompassing both protected and unprotected speech in Free Speech Coalition v. Paxton, and to restrictions on foreign ownership of a social media platform in TikTok v. Garland.

Erwin Chemerinsky, Paul Clement, Elizabeth C. Wiggins
February 12, 2026

First Amendment. Religion. Experts discuss the Supreme Court's expanded application of the Yoder exception to school curriculum in Mahmoud v. Taylor; state discrimination among religions in Catholic Charities Bureau v. Wisconsin Labor; and the tensions created by public funding of religious charter schools in Oklahoma v. Drummond.

Erwin Chemerinsky, Evan Lee, Elizabeth C. Wiggins
December 4, 2025

Federal Jurisdiction. Standing. Legal experts discuss the Supreme Court's broadening of the zone of interest for standing in F.D.A. v R.J. Reynolds Vapor Co. and how predictable downstream economic harm can confer standing on non-regulated parties in Diamond Alternative Energy v. E.P.A. In their analysis of Royal Canin U.S.A. v. Wullschleger, they discuss how the Supreme Court resolved a circuit split by deciding that the removal of federal claims terminates federal supplemental jurisdiction.

Laurie Levenson, Evan Lee, James A. Chance
October 2, 2025

Criminal Law and Procedure. Experts discuss Supreme Court clarifications of the redressability standard when analyzing standing in Gutierrez v. Saenz, and how clearly established law is determined in the context of the admission of prejudicial evidence in Andrew v. White.

Laurie Levenson, Evan Lee, James A. Chance
October 2, 2025

Criminal Law and Procedure. Experts discuss how the Supreme Court's decision in Glossip v. Oklahoma defined the duty to correct false testimony, and how the Court's decision in Barnes v. Felix requires excessive force analysis to consider the totality of the circumstances.

Erwin Chemerinsky, Tara L. Grove
September 25, 2025

Universal Injunctions. Experts discuss Supreme Court limitations on lower court issuance of universal injunctions and the remedies that may remain available to them.

Evan Lee, Laurie Levenson, Francesca Wiilliams
November 21, 2024

Criminal Law. Sixth Amendment. Expert Testimony. Experts discuss the Supreme Court’s guidelines for determining when reports prepared by analysts are testimonial in Smith v. Arizona, and in Diaz v. United States, the limitations of FRE 704(b) on expert testimony about the defendant’s mental when an essential element of the charge.

Francesca Williams, Laurie Levenson, Evan Lee
November 21, 2024

Criminal Law. Eighth Amendment. Fifth Amendment. Experts discuss the Court’s interpretation of status and conduct in the context of ordinances that punish sleeping in public in City of Grants Pass v. Johnson, and the absolute bar to retrial of acquittals, even when there are inconsistent verdicts, in McElrath v. Georgia.

Laurie Levenson, Evan Lee, Francesca Wiilliams
November 21, 2024

Criminal Law. Fifth and Sixth Amendments. First Step Act. ACCA. Experts discuss the Supreme Court’s determination in Erlinger v. United States that the existence of a prior offense is a jury question, and the requirements for safety-valve relief under the First Step Act  in Pulsifer v. United States.

Laurie Levenson, Evan Lee, Francesca Wiilliams
November 21, 2024

Criminal Law. Malicious-prosecution. § 1983. Experts discuss the Supreme Court’s determination that probable cause for one charge does not insulate other charges from a §1983 malicious-prosecution claim.

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