Dormant Commerce Clause. Experts discuss the reaffirmation of the Pike balancing test and express different interpretations of the Supreme Court’s treatment of extra-territoriality principles ..read more

Dormant Commerce Clause. Experts discuss the reaffirmation of the Pike balancing test and express different interpretations of the Supreme Court’s treatment of extra-territoriality principles ..read more

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

Experts discuss the Supreme Court’s opinion in Smith v. United States which held that double jeopardy does not attach to trials conducted in the wrong venue. In Samia v. United States, they analyze whether the use of a non-testifying co-defendant’s confession that implicates the other defendant violates the codefendant’s right to confront witnesses. Finally, In Re Grand Jury, they discuss what the Court’s dismissal of the case after argument might mean to efforts to expand the scope of the attorney-client privilege ..read more

Turkiye Halk Bankasi A.S. v. United States. Foreign Sovereign Immunities Act. (link) Whether FSIA applies to criminal cases, and whether an immunity might be found in common law. Pugin v. Garland. Immigration and Nationality Act. (link) The meaning of “related to obstruction of justice” in the context of the Immigration and Nationality Act, and whether the move away from the categorical approach in this context will be applied more generally ..read more

Experts discuss the Supreme Court’s opinion in Smith v. United States which held that double jeopardy does not attach to trials conducted in the wrong venue. In Samia v. United States, they analyze whether the use of a non-testifying co-defendant’s confession that implicates the other defendant violates the codefendant’s right to confront witnesses. Finally, In Re Grand Jury, they discuss what the Court’s dismissal of the case after argument might mean to efforts to expand the scope of the attorney-client privilege ..read more

Turkiye Halk Bankasi A.S. v. United States. Foreign Sovereign Immunities Act. (link) Whether FSIA applies to criminal cases, and whether an immunity might be found in common law. Pugin v. Garland. Immigration and Nationality Act. (link) The meaning of “related to obstruction of justice” in the context of the Immigration and Nationality Act, and whether the move away from the categorical approach in this context will be applied more generally ..read more

Groff v. DeJoy. Civil Rights. Title VII. Dean Erwin Chemerinsky and Professor Michael McConnell discuss the term’s case likely to have the greatest impact on the lower courts. The Supreme Court’s substantial cost standard increases the burden on employers to provide religious accommodations to employees and will prompt litigation necessary to define the new standard. Health and Hospital Corporation of Marion County v. Talevski. Civil Rights. §1983. Dean Erwin Chemerinsky and Professor Michael McConnell analyze §1983 enforcement of Spending Clause legislation, and the limitations on bringing pr ..read more

Groff v. DeJoy. Civil Rights. Title VII. Dean Erwin Chemerinsky and Professor Michael McConnell discuss the term’s case likely to have the greatest impact on the lower courts. The Supreme Court’s substantial cost standard increases the burden on employers to provide religious accommodations to employees and will prompt litigation necessary to define the new standard. Health and Hospital Corporation of Marion County v. Talevski. Civil Rights. §1983. Dean Erwin Chemerinsky and Professor Michael McConnell analyze §1983 enforcement of Spending Clause legislation, and the limitations on bringing pr ..read more

303 Creative LLC v. Elenis. First Amendment. Dean Erwin Chemerinsky and Professor Tara Grove discuss the emerging artistic expression exception to public accommodations and anti-discrimination laws. Erwin Chemerinsky is the Dean and Jesse H. Choper Distinguished Professor of Law at the University of California, Berkeley School of Law. Tara Grove is a Professor and the Vinson and Elkins Chair at the University of Texas at Austin, School of Law ..read more