Jurisdictional Issues

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Term Talk: F.D.A. v. R.J. Reynolds; Diamond Alternative v. E.P.A.; Royal Canin v. Wullschleger

Erwin Chemerinsky, Evan Lee, Elizabeth C. Wiggins

December 4, 2025

Federal Jurisdiction. Standing. Legal experts discuss the Supreme Court's broadening of the zone of interest for standing in F.D.A. v R.J. Reynolds Vapor Co. and how predictable downstream economic harm can confer standing on non-regulated parties in Diamond Alternative Energy v. E.P.A. In their analysis of Royal Canin U.S.A. v. Wullschleger, they discuss how the Supreme Court resolved a circuit split by deciding that the removal of federal claims terminates federal supplemental jurisdiction.

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: Murthy v. Missouri; National Rifle Assoc. v. Vullo

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.

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.

Mutual Legal Assistance Treaties and Letters Rogatory: Obtaining Evidence and Assistance from Foreign Jurisdictions

T. Markus Funk, PhD

April 25, 2024

This guide provides an overview of the statutory schemes and procedural matters that distinguish mutual legal assistance treaties and letters rogatory.

Supreme Court Denial of Mootness

Neil M. Gorsuch

March 19, 2024

FBI v. Fikre, 401 U.S. 234 (2024), aff’g 35 F.4th 762 (9th Cir. 2022), rev’g Opinion, No. 3:13-cv-899 (D. Or. Aug. 12, 2020), D.E. 164, 2020 WL 4677516.

Dismissal for Lack of Standing

February 23, 2024

Opinion, Long v. Garland, No. 1:15-cv-1642 (E.D. Va. Feb. 23, 2024), D.E. 80, 2024 WL 761850, rev’d, ___ F.4th ___, 2025 WL 2348708 (4th Cir. 2025).

Voting in a Primary Election at Seventeen If Eighteen by the General Election

Robert Timothy Reagan, Margaret S. Williams, Marie Leary, Catherine R. Borden, Jessica L. Snowden, Patricia D. Breen, Jason A. Cantone

November 2, 2023

Smith v. Husted (George C. Smith, S.D. Ohio 2:16-cv-212)

Term Talk: Glacier Northwest, Inc. v. Teamsters

Erwin Chemerinsky, Michael McConnell, Hamid M. Khan

October 12, 2023

Preemption. NLRA. Experts discuss the foreseeable, aggravated and imminent danger needed to remove unions from protection under the National Labor Relations Act and to allow actions in state courts to proceed.

Term Talk: Turkiye Halk Bankasi v. United States, Pugin v. Garland

Laurie Levenson, Evan Lee, Clara J. Altman

October 5, 2023

Criminal Law. Foreign Sovereign Immunities Act. Immigration and Nationality Act. Experts discuss the Supreme Court’s analysis of important criminal law cases. In Turkiye Halk Bankasi v. United States, the Court considers the application of the Foreign Sovereign Immunities Act to criminal cases, and whether immunity can be found in common law. In Pugin v. Garland, the Court defines “relating to obstruction of justice” in the context of removal under the Immigration and Nationality Act.

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