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.
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.
Universal Injunctions. Experts discuss Supreme Court limitations on lower court issuance of universal injunctions and the remedies that may remain available to them.
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.
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.
Criminal Law. Eighth Amendment. Fifth Amendment. Experts discuss the Court’s interpretation of status and conduct in the context of ordinances that punish sleeping in public in City of Grants Pass v. Johnson, and the absolute bar to retrial of acquittals, even when there are inconsistent verdicts, in McElrath v. Georgia.
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.