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Supreme Court: The Term in Review

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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.

Erwin Chemerinsky, Evan Lee, Elizabeth C. Wiggins
December 4, 2025

Civil Procedure. Relief from judgment. Civil rights. Prevailing party. Legal experts discuss Lackey v. Stinnie and the Supreme Court's interpretation of a prevailing party in civil rights litigation entitled to an award of attorneys' fees, and in BLOM Bank SAL v. Honickman and Waetzig v. Halliburton, the requirements for relief from judgment under F.R.C.P. 60(b).

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.

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.

Erwin Chemerinsky, Tara L. Grove, James A. Chance
October 9, 2025

Equal Protection. Title VII. Experts discuss the Supreme Court's application of rational basis review to restrictions on transgender medical care for minors in United States v. Skrmetti, and in Ames v. Ohio, the application of the same evidentiary standard to all protected classes under Title VII.

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.

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.

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.

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.

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.

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