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Separation of Powers

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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.

Tara L. Grove, Melissa Jacoby, Elizabeth C. Wiggins
November 21, 2024

Bankruptcy. Non-uniformity. Non-debtor Release. Experts discuss the Supreme Court’s decision to not reimburse claimants for bounded non-uniformities in Hammons, and to reject non-consensual third release in Purdue Pharma.

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. 

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, Michael McConnell, Elizabeth C. Wiggins
December 21, 2020

Free Exercise of Religion. Experts discuss the Supreme Court’s broadening of the ministerial exception to discrimination claims and the shift toward more robust Free Exercise and weaker Establishment Clauses.

Erwin Chemerinsky, Evan Lee, Elizabeth C. Wiggins
December 9, 2020

Separation of Powers. Experts discuss the impact of agency for cause termination provisions and the potential unconstitutional restraint on Executive Power they create. 

Erwin Chemerinsky, Evan Lee, Elizabeth C. Wiggins
December 9, 2020

Separation of Powers. Experts discuss how subpoenas issued to third parties for the personal records of a sitting President impact the Separation of Powers doctrine, as well as the Court’s rejection of Executive claims of absolute immunity.

July 13, 2016
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