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Administrative Law

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Evan Lee, Hamid M. Khan, Erwin Chemerinsky
October 3, 2024

Voting. Redistricting. Experts discuss how courts should determine if race or party affiliation predominates in a legislature’s redistricting in Alexander v. South Carolina Conference of the NAACP, and the uncertainty surrounding application of the Purcell principle in Robinson v. Callais.

Francesca Williams, Laurie Levenson, Evan Lee
October 3, 2024

Criminal Law. Statutory Interpretation. Experts discuss the Court’s interpretation of the Sarbanes-Oxley Act as applied to January 6 defendants in Fischer v. United States, and whether the amended federal bribery statute continues to criminalize gratuities in Snyder v. United States.

Erwin Chemerinsky, Tara L. Grove, Hamid M. Khan
September 26, 2024

Second Amendment. National Firearms Act. Experts discuss the Court’s continued development of the history and tradition standard of analysis in the context of the Second Amendment, and how the abandonment of the Chevron Doctrine impacted the interpretation of the National Firearms Act.

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, Hamid M. Khan
October 12, 2023

Preemption. NLRA. Experts discuss the foreseeable, aggravated and imminent danger needed to remove unions from protection under the National Labor Relations Act and to allow actions in state courts to proceed.

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.

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.

Erwin Chemerinsky, Tara L. Grove, James A. Chance
September 7, 2023

Equal Protection. Title VI. Affirmative Action. Experts discuss the Courts move from allowing the consideration of race to remedy past harms and promote diversity, to the emerging constitutional requirement to create a color-blind society.

Laurie Levenson, Evan Lee, Elizabeth C. Wiggins
November 2, 2022

Criminal Law. Confrontation Clause. Experts discuss the tension between evidentiary rules and the Confrontation Clause.

Laurie Levenson, Evan Lee, Elizabeth C. Wiggins
November 2, 2022

Criminal Law. Voir Dire. Death Penalty Act. Experts discuss the broad authority lower courts have to decide evidentiary questions in the context of high profile and death penalty cases.

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