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.
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.
Criminal Law. Venue. Double Jeopardy Clause. Sixth Amendment. Experts analyze the Supreme Court’s holdings in important criminal law cases. In Smith v. United States the Court rules that double jeopardy does not apply to trials conducted in the wrong venue. Samia v. United States addresses whether use of a non-testifying co-defendant’s confession at trial violates the right to confront witnesses. Finally, they discuss what the dismissal after oral argument of In Re Grand Jury might mean to efforts to expand the scope of the attorney-client privilege.
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.
Erwin Chemerinsky, Laurie Levenson, Elizabeth C. Wiggins
October 7, 2020
Sex Discrimination under Title VII. Watch discussion about how the expanded definition of sex to include sexual orientation and identity will impact future litigation.
John S. Cooke, James A. Chance, Elizabeth C. Wiggins, Erwin Chemerinsky, Laurie Levenson, Suzanna Sherry, Anne Fleming
July 9, 2018
Some of the nation’s top legal scholars discuss the U.S. Supreme Court’s 2017–2018 term and analyze the decisions that are most likely to affect the work of federal judges.
Some of the nation's top legal scholars discuss the U.S. Supreme Court's 2016–2017 term and analyze the decisions that are most likely to affect the work of federal judges.