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Constitutional Law

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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. 

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

First Amendment. Government Speech. Experts analyze whether government speech infringed on others' speech rights, in Murthy v. Missouri, and the government’s unconstitutional use of retaliation to suppress disfavored speech in National Rifle Association v. Vullo.

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

First Amendment. Social Media. Experts analyze the Court’s varied opinions on whether social media platform content moderation is speech protected by the First Amendment in Moody v. NetChoice, LLC, and when posts to personal social media accounts by government officials become government speech in Lindke v. Freed.

Erwin Chemerinsky, Michael McConnell, Hamid M. Khan
October 12, 2023

Dormant Commerce Clause. Experts discuss the reaffirmation of the Pike balancing test and express different interpretations of the Supreme Court’s treatment of extra-territoriality principles.

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.

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone
October 7, 2023

Jacob v. Board of Directors (G. Thomas Eisele, E.D. Ark. 4:06-cv-1007)

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.

Laurie Levenson, Evan Lee, Clara J. Altman
October 5, 2023

Criminal Law. Foreign Sovereign Immunities Act. Immigration and Nationality Act. Experts discuss the Supreme Court’s analysis of important criminal law cases. In Turkiye Halk Bankasi v. United States, the Court considers the application of the Foreign Sovereign Immunities Act to criminal cases, and whether immunity can be found in common law. In Pugin v. Garland, the Court defines “relating to obstruction of justice” in the context of removal under the Immigration and Nationality Act.

Erwin Chemerinsky, Tara L. Grove, James A. Chance
September 28, 2023

First Amendment. Public Accommodations. Experts discuss the Supreme Court’s emerging artistic expression exception to public accommodations laws, and the opinion’s potential impact on anti-discrimination laws in general.

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.

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