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.

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.

Civil Rights. Experts discuss the different legal standards applied to racial discrimination claims brought under §1981 and Title VII, as well as the Court’s hesitation to broaden Bivens claims to cover cross-border shootings.