Article III

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Term Talk Extended: Loper Bright Enters. v. Raimondo; SEC v. Jarkesy; Corner Post v. Bd. of Govs. of the Fed. Reserve Sys.

Erwin Chemerinsky, Michael McConnell, Elizabeth C. Wiggins

September 19, 2024

Administrative Law. Chevron deference. In this extended edition of Term Talk, experts review the Supreme Court's administrative law decisions over the past few terms and analyze their impact on the regulatory state, to include the rejection of Chevron deference in Loper Bright v. Raimondo; the prohibition against imposing administrative penalties for fraud without a jury trial in SEC v. Jarkesy; and extending the statute of limitations under the Administrative Procedure Act in Corner Post v. FRB.

Term Talk: Smith v. United States, Samia v. United States, In Re Grand Jury

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.

Term Talk: Groff v. DeJoy; Health and Hosp. Corp. of Marion Ctny. v. Talevski

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.

Term Talk: 303 Creative LLC v. Elenis

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.

Term Talk: Moore v. Harper; Allen v. Milligan

Erwin Chemerinsky, Michael McConnell, Shelly A. Easter

September 21, 2023

Elections. Independent State Legislature Theory. Voting Rights Act. Experts discuss the Supreme Court’s rejection of the Independent State Legislature Theory in Moore v. Harper, and the Court’s reaffirmation and application of the Thornburg v. Gingles test to districting questions in Allen v. Milligan.

Term Talk: Biden v. Nebraska; United States v. Texas

Laurie Levenson, Evan Lee, James A. Chance

September 14, 2023

Executive Power. Major Questions Doctrine. Standing. Experts discuss the Court’s elevated clear statement rule in Biden v. Nebraska, and a potentially diminishing special solicitude toward state standing in United States v. Texas.

A Primer on the Jurisdiction of the U.S. Courts of Appeals, Third Edition

Thomas E. Baker

August 3, 2023

This primer is a brief introduction to the complexity and nuance in the subject-matter jurisdiction of the U.S. courts of appeals. It examines procedural issues related to the exercise of appellate jurisdiction in appeals from final judgments and interlocutory appeals.

Federal Judicial Center

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