Jurisdiction. Experts discuss changes in specific personal jurisdiction jurisprudence to include the incorporation of relatedness, and what might come next.
Standing. Experts discuss the novel theory of standing by inseverability, limitations on Congress’ ability to confer standing through legislation, and the questions raised by allowing nominal damages to save some completed harms from mootness.
This package of materials was transmitted to the U.S. Supreme Court on October 18, 2021, concerning amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2022.
Edwin Chemerinsky, James A. Chance, Michael McConnell
October 14, 2021
Free Exercise of Religion. Watch experts discuss the Court’s shift toward a more robust Free Exercise Clause in the context of contracting and COVID restrictions, and the red flag raised by government discretionary decision making.
Free Speech and Free Association. Watch experts discuss the Court’s first look at public school regulation of off campus student speech, and the burden donor disclosure requirements have on Free Association rights.
Edwin Chemerinsky, Laurie Levenson, James A. Chance
October 14, 2021
Voting Rights Act. Watch experts discuss the limits the Supreme Court placed on Sec. 2 of the VRA to regulate time, place, and manner restrictions, and the implications for the VRA.
Edwin Chemerinsky, Laurie Levenson, James A. Chance
October 7, 2021
Fourth Amendment. Search and Seizure. Watch experts discuss the Court’s refusal to broaden the Community Caretaking exception and doctrine of hot pursuit in favor of protecting privacy in the home, and the different standards applied to seizure in civil and criminal cases.
This package of materials was transmitted to the Judicial Conference, and it includes proposed amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2022.
Habitual Residence | Wrongful Retention | Child’s Objection to Return
In this case, a mother filed a petition for the return of her child to Canada after the father refused to send the child back from the United States after a visit.