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Civil Litigation & Procedure

Displaying 11 - 20 of 1363, sorted by most recent
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Erwin Chemerinsky, Tara L. Grove, Hamid M. Khan
September 26, 2024

Second Amendment. National Firearms Act. Experts discuss the Court’s continued development of the history and tradition standard of analysis in the context of the Second Amendment, and how the abandonment of the Chevron Doctrine impacted the interpretation of the National Firearms Act.

Erwin Chemerinsky, Michael McConnell, Elizabeth C. Wiggins
September 19, 2024

Administrative Law. Chevron deference. In this extended edition of Term Talk, experts review the Supreme Court's administrative law decisions over the past few terms and analyze their impact on the regulatory state, to include the rejection of Chevron deference in Loper Bright v. Raimondo; the prohibition against imposing administrative penalties for fraud without a jury trial in SEC v. Jarkesy; and extending the statute of limitations under the Administrative Procedure Act in Corner Post v. FRB. 

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, rev’d, ___ F.4th ___, 2025 WL 2348708 (4th Cir. 2025).

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.

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