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Due Process

Displaying 1 - 10 of 11, sorted by most recent
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Erwin Chemerinsky, Tara L. Grove, James A. Chance
September 7, 2023

Equal Protection. Title VI. Affirmative Action. Experts discuss the Courts move from allowing the consideration of race to remedy past harms and promote diversity, to the emerging constitutional requirement to create a color-blind society.

Laurie Levenson, Evan Lee, Elizabeth C. Wiggins
November 2, 2022

Criminal Law. Voir Dire. Death Penalty Act. Experts discuss the broad authority lower courts have to decide evidentiary questions in the context of high profile and death penalty cases.

Laurie Levenson, Evan Lee, Elizabeth C. Wiggins
November 2, 2022

Criminal Law. Confrontation Clause. Experts discuss the tension between evidentiary rules and the Confrontation Clause.

Erwin Chemerinsky, Michael McConnell, James A. Chance
October 26, 2022

The Free Speech Clause. Experts discuss the Court’s clarification of content-based and content-neutral speech regulation, as well as the important distinction between government as speaker and government as creator of forums for private speech in First Amendment jurisprudence.

Erwin Chemerinsky, Michael McConnell, Elizabeth C. Wiggins
October 26, 2022

The Free Speech Clause. Experts discuss the authority of elected bodies to censure their members for speech and actions. They also discuss how the Court’s view of core political speech runs counter to congressional attempts to prevent financial misconduct during campaigns and undue influence after candidates are elected.

Erwin Chemerinsky, Michael McConnell, Elizabeth C. Wiggins
October 19, 2022

The Establishment and Free Expression of Religion Clauses. Religious Land Use and Institutionalized Persons Act (RLUIPA). Experts discuss the Court’s redefinition of government neutrality to require support of both secular and religious schools and the potential impact on government support of many secular activities going forward. Experts also discuss the exacting form of strict scrutiny the Court requires when the government restricts the religious activities of incarcerated persons in the context of the execution chamber.

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.

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.

Erwin Chemerinsky, Evan Lee, Elizabeth C. Wiggins
December 14, 2020

Immigration. Experts analyze what the Executive must do to properly rescind DACA, and when Due Process rights attach to immigrants that have crossed the U.S. border.

Erwin Chemerinsky, James A. Chance, Melissa Murray
October 20, 2020

Reproductive Freedom. Experts discuss the constitutionality of admitting privileges requirements for abortion providers, and whether exceptions to ACA-required contraceptive coverage can be administratively expanded to include moral objection.

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