Civil Rights. §1983 and Bivens. Excessive Force. Experts discuss what is required for precedent to put officers on notice of actions deemed unconstitutional, as well as the likelihood that new claims will ever be recognized under Bivens.
Civil Rights. §1983. Malicious Prosecution and Miranda Warnings. Experts discuss how the Court resolved a circuit split as to what constitutes a favorable outcome allowing a claim for malicious prosecution to go forward, and whether violations of Miranda warning rules can support a claim under §1983.
Administrative Law. Experts discuss the limits of agency authority and the emerging Major Questions Doctrine in the context of employer COVID vaccination and testing requirements.
State Secrets Privilege. FISA. Experts discuss the interplay between the common law State Secrets Privilege and the statutory Foreign Intelligence Surveillance Act (FISA).
Erwin Chemerinsky, Tara L. Grove, Elizabeth C. Wiggins
September 7, 2022
Reproductive Rights. Substantive Due Process. Experts discuss the Dobbs decision’s impact on women’s health and reproductive rights, as well as Substantive Due Process Liberty Clause jurisprudence.
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.
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.
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.
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.