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Constitutional Law

Displaying 41 - 50 of 75, sorted by most recent
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James A. Chance, Evan Lee, Laurie Levenson
October 28, 2021

Federal Criminal Statutes. Experts discuss the Court’s refusal to read statutes broadly and the importance of judges considering the impacts of race and addiction in sentencing. 

Hamid Khan, Erwin Chemerinsky, Michael McConnell
October 28, 2021

Takings. Experts discuss the potential demise of the Penn Central four-part test and the difficulty in determining compensation for temporary and episodic access requirements.

James A. Chance, Suzanna Sherry, Laurie Levenson
October 28, 2021

Constitutional Criminal Law. Experts discuss the Supreme Court’s elimination of the Watershed Exception for procedural rule changes in Edwards v. Vannoy, and the lack of need for specific findings in life without parole sentencing of juveniles in Jones v. Mississippi.  

James A. Chance, Suzanna Sherry, Evan Lee
October 21, 2021

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.

Paul Clement, Evan Lee, Hamid Khan
October 21, 2021

Jurisdiction. Experts discuss changes in specific personal jurisdiction jurisprudence to include the incorporation of relatedness, and what might come next.

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.

Melissa Murray, Paul Clement, Hamid Khan
October 14, 2021

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. 

Erwin Chemerinsky, Michael McConnell, Elizabeth C. Wiggins
December 21, 2020

Free Exercise of Religion. Experts discuss the Supreme Court’s shift away from a strong Establishment Clause toward a more robust Free Exercise Clause when considering the constitutionality of giving public aid to religious organizations.

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