Constitutional Criminal Law. Experts discuss the Supreme Court’s elimination of the Watershed Exception for procedural rule changes in Edwards v. Vannoy, and the lack of need for specific findings in life without parole sentencing of juveniles in Jones v. Mississippi.
Takings. Experts discuss the potential demise of the Penn Central four-part test and the difficulty in determining compensation for temporary and episodic access requirements.
Federal Criminal Statutes. Experts discuss the Court’s refusal to read statutes broadly and the importance of judges considering the impacts of race and addiction in sentencing.
Jurisdiction. Experts discuss changes in specific personal jurisdiction jurisprudence to include the incorporation of relatedness, and what might come next.
Standing. Experts discuss the novel theory of standing by inseverability, limitations on Congress’ ability to confer standing through legislation, and the questions raised by allowing nominal damages to save some completed harms from mootness.
Free Speech and Free Association. Watch experts discuss the Court’s first look at public school regulation of off campus student speech, and the burden donor disclosure requirements have on Free Association rights.
Edwin Chemerinsky, James A. Chance, Michael McConnell
October 14, 2021
Free Exercise of Religion. Watch experts discuss the Court’s shift toward a more robust Free Exercise Clause in the context of contracting and COVID restrictions, and the red flag raised by government discretionary decision making.