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Civil Litigation & Procedure

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Term Talk: F.C.C. v. Consumers' Research; Kennedy v. Braidwood Mgmt.; Trump v. Wilcox

Erwin Chemerinsky, Tara L. Grove, James A. Chance
October 9, 2025

Administrative Law. Non-delegation Doctrine. Appointments Clause. Legal experts discuss the Supreme Court's analysis of intelligible principles that support congressional delegation of power to agencies in F.C.C. v. Consumers' Research and congressional delegations of appointment powers to heads of agencies under the Appointments Clause in Kennedy v. Braidwood Mgmt. They discuss the potential impact of the Court's decision in Trump v. Wilcox on congressional restrictions of executive removal powers.

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Term Talk: Trump v. CASA

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.

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Report and Recommendation on Default Judgment Against Iran 1

Sarah Netburn
February 19, 2025

Report and Recommendation, In re Terrorist Attacks on September 11, 2001, No. 1:03-md-1570 (S.D.N.Y. Feb. 19, 2025), D.E. 10727.

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Term Talk: United States Trustee v. John Q. Hammons; Harrington v. Purdue Pharma L.P.

Tara L. Grove, Melissa Jacoby, Elizabeth C. Wiggins
November 21, 2024

Bankruptcy. Non-uniformity. Non-debtor Release. Experts discuss the Supreme Court’s decision to not reimburse claimants for bounded non-uniformities in Hammons, and to reject non-consensual third release in Purdue Pharma.

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Term Talk: City of Grants Pass v. Johnson; McElrath v. Georgia

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.

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Term Talk: Chiaverini v. City of Napoleon

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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Affirming Dismissal on Qualified Immunity

Gerard E. Lynch
October 29, 2024

Opinion, Tanvir v. Tanzin, No. 23-738 (2d Cir. Oct. 29, 2024), D.E. 154, 120 F.4th 1049, aff'g Opinion, No. 1:13-cv-6951 (S.D.N.Y. Feb. 24, 2023), D.E. 149, 2023 WL 2216256.

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Default and Default Judgment Practices in the District Courts

Emery G. Lee, Jason A. Cantone
October 18, 2024

This report summarizes the actual practices of district courts regarding entry of defaults and default judgments pursuant to Federal Rule of Civil Procedure 55.

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Term Talk: Fischer v. United States; Snyder v. United States

Francesca Williams, Laurie Levenson, Evan Lee
October 3, 2024

Criminal Law. Statutory Interpretation. Experts discuss the Court’s interpretation of the Sarbanes-Oxley Act as applied to January 6 defendants in Fischer v. United States, and whether the amended federal bribery statute continues to criminalize gratuities in Snyder v. United States.

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Term Talk: Alexander v. S.C. State Conference of NAACP; Robinson v. Callais

Evan Lee, Hamid M. Khan, Erwin Chemerinsky
October 3, 2024

Voting. Redistricting. Experts discuss how courts should determine if race or party affiliation predominates in a legislature’s redistricting in Alexander v. South Carolina Conference of the NAACP, and the uncertainty surrounding application of the Purcell principle in Robinson v. Callais.

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