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Fourteenth Amendment

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Contains
Contains
Format: 2025
Greater than or equal to
Laurie Levenson, Evan Lee, Francesca Wiilliams
November 21, 2024

Criminal Law. Malicious-prosecution. § 1983. Experts discuss the Supreme Court’s determination that probable cause for one charge does not insulate other charges from a §1983 malicious-prosecution claim.

Laurie Levenson, Evan Lee, Francesca Wiilliams
November 21, 2024

Criminal Law. Fifth and Sixth Amendments. First Step Act. ACCA. Experts discuss the Supreme Court’s determination in Erlinger v. United States that the existence of a prior offense is a jury question, and the requirements for safety-valve relief under the First Step Act  in Pulsifer v. United States.

Francesca Williams, Laurie Levenson, Evan Lee
November 21, 2024

Criminal Law. Eighth Amendment. Fifth Amendment. Experts discuss the Court’s interpretation of status and conduct in the context of ordinances that punish sleeping in public in City of Grants Pass v. Johnson, and the absolute bar to retrial of acquittals, even when there are inconsistent verdicts, in McElrath v. Georgia.

Erwin Chemerinsky, Michael McConnell, Elizabeth C. Wiggins
September 19, 2024

First Amendment. Social Media. Experts analyze the Court’s varied opinions on whether social media platform content moderation is speech protected by the First Amendment in Moody v. NetChoice, LLC, and when posts to personal social media accounts by government officials become government speech in Lindke v. Freed.

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.

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.

Erwin Chemerinsky, Tara L. Grove, James A. Chance
September 7, 2023

Equal Protection. Title VI. Affirmative Action. Experts discuss the Courts move from allowing the consideration of race to remedy past harms and promote diversity, to the emerging constitutional requirement to create a color-blind society.

Laurie Levenson, Evan Lee, Elizabeth C. Wiggins
November 2, 2022

Criminal Law. Voir Dire. Death Penalty Act. Experts discuss the broad authority lower courts have to decide evidentiary questions in the context of high profile and death penalty cases.

Laurie Levenson, Evan Lee, Elizabeth C. Wiggins
November 2, 2022

Criminal Law. Confrontation Clause. Experts discuss the tension between evidentiary rules and the Confrontation Clause.

Erwin Chemerinsky, Michael McConnell, Elizabeth C. Wiggins
October 26, 2022

The Free Speech Clause. Experts discuss the authority of elected bodies to censure their members for speech and actions. They also discuss how the Court’s view of core political speech runs counter to congressional attempts to prevent financial misconduct during campaigns and undue influence after candidates are elected.

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