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Laurie Levenson, Evan Lee, Elizabeth C. Wiggins
September 28, 2022

Civil Rights. §1983. Malicious Prosecution and Miranda Warnings.  Experts discuss how the Court resolved a circuit split as to what constitutes a favorable outcome allowing a claim for malicious prosecution to go forward, and whether violations of Miranda warning rules can support a claim under §1983. 

Laurie Levenson, Evan Lee, Elizabeth C. Wiggins
September 28, 2022

Civil Rights. §1983 and Bivens. Excessive Force. Experts discuss what is required for precedent to put officers on notice of actions deemed unconstitutional, as well as the likelihood that new claims will ever be recognized under Bivens.

Paul Clement, James A. Chance
September 21, 2022

Administrative Law. Experts discuss the limits of agency authority and the emerging Major Questions Doctrine in the context of employer COVID vaccination and testing requirements.

Paul Clement, James A. Chance
September 14, 2022

State Secrets Privilege. FISA. Experts discuss the interplay between the common law State Secrets Privilege and the statutory Foreign Intelligence Surveillance Act (FISA).

Erwin Chemerinsky, Tara L. Grove, Elizabeth C. Wiggins
September 7, 2022

Reproductive Rights. Substantive Due Process. Experts discuss the Dobbs decision’s impact on women’s health and reproductive rights, as well as Substantive Due Process Liberty Clause jurisprudence.

August 23, 2022

This package of materials was transmitted to the Judicial Conference, and it includes proposed amendments to the Federal Rules of Practice and Procedure to become effective on December 1, 2023.

Jon O. Newman
November 2, 2021

This article discusses the way in which federal Article III appellate courts have evolved through legislation from the old circuit courts created by the Judiciary Act of 1789, to the circuit courts of appeals created by the Evarts Act of 1891, and ultimately to the modern courts of appeals, as th

Hamid Khan, Erwin Chemerinsky, Michael McConnell
October 28, 2021

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.

James A. Chance, Suzanna Sherry, Laurie Levenson
October 28, 2021

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.  

James A. Chance, Evan Lee, Laurie Levenson
October 28, 2021

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. 

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