The Establishment and Free Expression of Religion Clauses. Religious Land Use and Institutionalized Persons Act (RLUIPA). Experts discuss the Court’s redefinition of government neutrality to require support of both secular and religious schools and the potential impact on government support of many secular activities going forward. Experts also discuss the exacting form of strict scrutiny the Court requires when the government restricts the religious activities of incarcerated persons in the context of the execution chamber.

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.

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. 

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