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Term Talk: United States Trustee v. John Q. Hammons; Harrington v. Purdue Pharma L.P.

Tara L. Grove, Melissa Jacoby, Elizabeth C. Wiggins

November 21, 2024

Bankruptcy. Non-uniformity. Non-debtor Release. Experts discuss the Supreme Court’s decision to not reimburse claimants for bounded non-uniformities in Hammons, and to reject non-consensual third release in Purdue Pharma.

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: National Pork Producers Council v. Ross

Erwin Chemerinsky, Michael McConnell, Hamid M. Khan

October 12, 2023

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.

Term Talk: Groff v. DeJoy; Health and Hosp. Corp. of Marion Ctny. v. Talevski

Erwin Chemerinsky, Michael McConnell, Shelly A. Easter

September 28, 2023

Civil Rights. Title VII. §1983. Experts discuss the greater religious accommodation requirements for employers the Supreme Court outlines in Groff v. DeJoy, and the continuing availability of §1983 to enforce some private rights created by statutes adopted under the Spending Clause in Health and Hosp. Corp. of Marion Ctny. v. Talevski.

Term Talk: 303 Creative LLC v. Elenis

Erwin Chemerinsky, Tara L. Grove, James A. Chance

September 28, 2023

First Amendment. Public Accommodations. Experts discuss the Supreme Court’s emerging artistic expression exception to public accommodations laws, and the opinion’s potential impact on anti-discrimination laws in general.

Term Talk: Kennedy v. Bremerton School District

Erwin Chemerinsky, Michael McConnell, Elizabeth C. Wiggins

October 11, 2022

Term Talk: New York Rifle & Pistol Ass’n v. Bruen

Erwin Chemerinsky, Tara L. Grove, Elizabeth C. Wiggins

October 5, 2022

The right to bear arms. Experts discuss the Court’s 2nd Amendment expansion to include the right to bear and keep arms outside of the home, and the difficulty of applying the Court’s historical analysis test to new regulations.

Term Talk: Thompson v. Clark, Vega v. Tekoh

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.

Term Talk: Rivas-Villegas v. Cortesluna, Tahlequah, Okla. v. Bond, Egbert v. Boule

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.

Term Talk: Biden v. Missouri, FNIB v. DOL, OSHA

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.

Federal Judicial Center

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