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Fifth Amendment

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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.

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, Clara J. Altman
October 5, 2023

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.

Hamid Khan, Erwin Chemerinsky, Michael McConnell
October 28, 2021

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.

July 19, 2017

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.

Vaughn R. Walker
January 21, 2010

Order, Jewel v. NSA, No. 4:08-cv-4373 (N.D. Cal. Jan. 21, 2010), D.E. 703, 2010 WL 235075.

Robert B. Kugler
August 14, 2008

FISA Evidence Order, United States v. Shnewer, No. 1:07-cr-459 (D.N.J. Aug. 14, 2008, filed Dec. 29, 2009), D.E. 457 (redacted).

Donald S. Voorhees, Genevra Kay Loveland
January 1, 2001

The fifth edition of the late Judge Voorhees's guide to the law governing many of the procedural matters that arise in criminal trials.

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