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Civil Litigation & Procedure

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Jeffrey Steven White
April 26, 2024

Order, In re NSA Telecommunication Records Litigation, No. 3:06-md-1791 (N.D. Cal. Apr. 26, 2024), D.E. 829.

February 23, 2024

Opinion, Long v. Garland, No. 1:15-cv-1642 (E.D. Va. Feb. 23, 2024), D.E. 80, 2024 WL 761850, appeals pending, Docket Sheet, No. 24-1403 (4th Cir. May 7, 2024); Docket Sheet, No. 24-1369 (4th Cir. Apr. 30, 2024).

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.

David Chizewer, Brian Cogan, Scott Stein, Jamie Yavelberg
October 10, 2023

This program provides a thorough overview of the False Claims Act and its key provisions. Our panelists, Judge Brian Cogan (Eastern District of New York), Jamie Yavelberg (Director of Commercial Litigation Branch at the US Department of Justice), David Chizewer (Chair in the Litigation Group of Goldberg Kohn) and Scott D. Stein (Partner at Sidley Austin) discuss history, provisions, changes, prominent cases, as well as practical application of the law.

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.

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.

James D. Garbolino
August 31, 2023

This guide is designed to assist federal and state judges in dealing with proceedings for the return of children under the 1980 Hague Convention on the Civil Aspects of International Child Abduction.


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