Due Process

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Term Talk: F.C.C. v. Consumers' Research; Kennedy v. Braidwood Mgmt.; Trump v. Wilcox

Erwin Chemerinsky, Tara L. Grove, James A. Chance

October 9, 2025

Administrative Law. Non-delegation Doctrine. Appointments Clause. Legal experts discuss the Supreme Court's analysis of intelligible principles that support congressional delegation of power to agencies in F.C.C. v. Consumers' Research and congressional delegations of appointment powers to heads of agencies under the Appointments Clause in Kennedy v. Braidwood Mgmt. They discuss the potential impact of the Court's decision in Trump v. Wilcox on congressional restrictions of executive removal powers.

Term Talk: Medina v. Planned Parenthood South Atlantic; Perttu v. Richards

Erwin Chemerinsky, Tara L. Grove, James A. Chance

October 9, 2025

Civil Rights. § 1983. Prison Litigation Reform Act. Legal experts discuss the Supreme Court's analysis of language that confers individual rights in Medina v. Planned Parenthood South Atlantic and the requirement of a jury finding when there is a factual dispute over exhaustion of remedies under the Prison Litigation Reform Act in Perttu v. Richards.

Term Talk: Gutierrez v. Saenz; Andrew v. White

Laurie Levenson, Evan Lee, James A. Chance

October 2, 2025

Criminal Law and Procedure. Experts discuss Supreme Court clarifications of the redressability standard when analyzing standing in Gutierrez v. Saenz, and how clearly established law is determined in the context of the admission of prejudicial evidence in Andrew v. White.

Term Talk: Glossip v. Oklahoma; Barnes v. Felix

Laurie Levenson, Evan Lee, James A. Chance

October 2, 2025

Criminal Law and Procedure. Experts discuss how the Supreme Court's decision in Glossip v. Oklahoma defined the duty to correct false testimony, and how the Court's decision in Barnes v. Felix requires excessive force analysis to consider the totality of the circumstances.

Term Talk: Trump v. CASA

Erwin Chemerinsky, Tara L. Grove

September 25, 2025

Universal Injunctions. Experts discuss Supreme Court limitations on lower court issuance of universal injunctions and the remedies that may remain available to them.

Term Talk: United States Trustee v. John Q. Hammons; Harrington v. Purdue Pharma L.P.

Tara L. Grove, Melissa Jacoby, Elizabeth C. Wiggins

November 21, 2024

Bankruptcy. Non-uniformity. Non-debtor Release. Experts discuss the Supreme Court’s decision to not reimburse claimants for bounded non-uniformities in Hammons, and to reject non-consensual third release in Purdue Pharma.

Term Talk: Chiaverini v. City of Napoleon

Laurie Levenson, Evan Lee, Francesca Wiilliams

November 21, 2024

Criminal Law. Malicious-prosecution. § 1983. Experts discuss the Supreme Court’s determination that probable cause for one charge does not insulate other charges from a §1983 malicious-prosecution claim.

Term Talk: Erlinger v. United States; Pulsifer v. United States

Laurie Levenson, Evan Lee, Francesca Wiilliams

November 21, 2024

Criminal Law. Fifth and Sixth Amendments. First Step Act. ACCA. Experts discuss the Supreme Court’s determination in Erlinger v. United States that the existence of a prior offense is a jury question, and the requirements for safety-valve relief under the First Step Act in Pulsifer v. United States.

Term Talk: Smith v. Arizona; Diaz v. United States

Evan Lee, Laurie Levenson, Francesca Wiilliams

November 21, 2024

Criminal Law. Sixth Amendment. Expert Testimony. Experts discuss the Supreme Court’s guidelines for determining when reports prepared by analysts are testimonial in Smith v. Arizona, and in Diaz v. United States, the limitations of FRE 704(b) on expert testimony about the defendant’s mental when an essential element of the charge.

Term Talk Extended: Loper Bright Enters. v. Raimondo; SEC v. Jarkesy; Corner Post v. Bd. of Govs. of the Fed. Reserve Sys.

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.

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Due Process

Term Talk: F.C.C. v. Consumers' Research; Kennedy v. Braidwood Mgmt.; Trump v. Wilcox

Term Talk: Medina v. Planned Parenthood South Atlantic; Perttu v. Richards

Term Talk: Gutierrez v. Saenz; Andrew v. White

Term Talk: Glossip v. Oklahoma; Barnes v. Felix

Term Talk: Trump v. CASA

Term Talk: United States Trustee v. John Q. Hammons; Harrington v. Purdue Pharma L.P.

Term Talk: Chiaverini v. City of Napoleon

Term Talk: Erlinger v. United States; Pulsifer v. United States

Term Talk: Smith v. Arizona; Diaz v. United States

Term Talk Extended: Loper Bright Enters. v. Raimondo; SEC v. Jarkesy; Corner Post v. Bd. of Govs. of the Fed. Reserve Sys.

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