Term Talk

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The nation's top legal scholars discuss what Federal Judges need to know about the U.S. Supreme Court's most impactful decisions.

FJC


    • Sep 7, 2022 LATEST EPISODE
    • infrequent NEW EPISODES
    • 11m AVG DURATION
    • 40 EPISODES


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    Latest episodes from Term Talk

    Term Talk: Dobbs v. Jackson Women's Health Organization

    Play Episode Listen Later Sep 7, 2022 14:45


    Reproductive Rights. Substantive Due Process. Experts discuss the Dobbs decision's impact on women's health and reproductive rights, as well as Substantive Due Process Liberty Clause jurisprudence. Participants. Erwin Chemerinsky, Dean, UC Berkeley Law School; Tara Grove, Professor, UT Austin School of Law; Beth Wiggins, Research Division Director, Federal Judicial Center.

    Term Talk: Dobbs v. Jackson Women's Health Organization

    Play Episode Listen Later Sep 7, 2022 14:50


    Reproductive Rights. Substantive Due Process. Experts discuss the Dobbs decision's impact on women's health and reproductive rights, as well as Substantive Due Process Liberty Clause jurisprudence.

    Term Talk: Terry v. United States, Van Buren v. United States

    Play Episode Listen Later Oct 28, 2021 9:06


    Federal Criminal Statutes. Experts discuss the Court's refusal to read statutes broadly and the importance of judges considering the impacts of race and addiction in sentencing. Participants. Laurie L. Levenson, Professor, Loyola Law School; Evan Lee, Professor Emeritus, UC Hastings College of Law; and Jim Chance, Senior Judicial Education Attorney, Federal Judicial Center.

    Term Talk: Terry v. United States, Van Buren v. United States

    Play Episode Listen Later Oct 28, 2021 9:06


    Federal Criminal Statutes. Experts discuss the Court's refusal to read statutes broadly and the importance of judges considering the impacts of race and addiction in sentencing. Participants. Laurie L. Levenson, Professor, Loyola Law School; Evan Lee, Professor Emeritus, UC Hastings College of Law; and Jim Chance, Senior Judicial Education Attorney, Federal Judicial Center.

    Term Talk: Cedar Point Nursery v. Hassid

    Play Episode Listen Later Oct 28, 2021 10:48


    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. Participants. Erwin Chemerinsky, Dean, UC Berkeley Law School; Michael McConnell, Professor, Stanford Law School; and Hamid Kahn, Education Attorney, Federal Judicial Center.

    Term Talk: Cedar Point Nursery v. Hassid

    Play Episode Listen Later Oct 28, 2021 10:48


    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. Participants. Erwin Chemerinsky, Dean, UC Berkeley Law School; Michael McConnell, Professor, Stanford Law School; and Hamid Kahn, Education Attorney, Federal Judicial Center.

    Term Talk: Jones v. Mississippi, Edwards v. Vannoy

    Play Episode Listen Later Oct 28, 2021 9:06


    Constitutional Criminal Law. Experts discuss the Supreme Court's elimination of the Watershed Exception for procedural rule changes in Edwards v. Vannoy, and the lack of need for specific findings in life without parole sentencing of juveniles in Jones v. Mississippi. Participants. Laurie L. Levenson, Professor, Loyola Law School; Suzanna Sherry, Professor, Vanderbilt Law School; and Jim Chance, Senior Judicial Education Attorney, Federal Judicial Center.

    Term Talk: Jones v. Mississippi, Edwards v. Vannoy

    Play Episode Listen Later Oct 28, 2021 8:58


    Constitutional Criminal Law. Experts discuss the Supreme Court's elimination of the Watershed Exception for procedural rule changes in Edwards v. Vannoy, and the lack of need for specific findings in life without parole sentencing of juveniles in Jones v. Mississippi. Participants. Laurie L. Levenson, Professor, Loyola Law School; Suzanna Sherry, Professor, Vanderbilt Law School; and Jim Chance, Senior Judicial Education Attorney, Federal Judicial Center.

    Term Talk: Ford Motor Co. v. Montana with Ford Motor Co. v. Bandemer

    Play Episode Listen Later Oct 21, 2021 13:48


    Jurisdiction. Experts discuss changes in specific personal jurisdiction jurisprudence to include the incorporation of relatedness, and what might come next. Participants. Paul Clement, Partner Kirkland & Ellis, LLP; Evan Lee, Professor Emeritus, UC Hastings College of Law; and Hamid Kahn, Education Attorney, Federal Judicial Center.

    Term Talk: Ford Motor Co. v. Montana with Ford Motor Co. v. Bandemer

    Play Episode Listen Later Oct 21, 2021 13:48


    Jurisdiction. Experts discuss changes in specific personal jurisdiction jurisprudence to include the incorporation of relatedness, and what might come next. Participants. Paul Clement, Partner Kirkland & Ellis, LLP; Evan Lee, Professor Emeritus, UC Hastings College of Law; and Hamid Kahn, Education Attorney, Federal Judicial Center.

    Term Talk: California v. Texas, Transunion v. Ramirez, Uzuegbunam v. Preczewski

    Play Episode Listen Later Oct 21, 2021 14:08


    Standing. Experts discuss the novel theory of standing by inseverability, limitations on Congress' ability to confer standing through legislation, and the questions raised by allowing nominal damages to save some completed harms from mootness. Participants. Suzanna Sherry, Professor, Vanderbilt Law School; Evan Lee, Professor Emeritus, UC Hastings College of Law; and Jim Chance, Senior Judicial Education Attorney, Federal Judicial Center.

    Term Talk: California v. Texas, Transunion v. Ramirez, Uzuegbunam v. Preczewski

    Play Episode Listen Later Oct 21, 2021 14:08


    Standing. Experts discuss the novel theory of standing by inseverability, limitations on Congress' ability to confer standing through legislation, and the questions raised by allowing nominal damages to save some completed harms from mootness. Participants. Suzanna Sherry, Professor, Vanderbilt Law School; Evan Lee, Professor Emeritus, UC Hastings College of Law; and Jim Chance, Senior Judicial Education Attorney, Federal Judicial Center.

    Term Talk: Mahanoy School District v. B.L., Amer. for Prosperity v. Bonta

    Play Episode Listen Later Oct 14, 2021 13:03


    Free Speech and Free Association. Watch experts discuss the Court's first look at public school regulation of off campus student speech, and the burden donor disclosure requirements have on Free Association rights. Participants. Melissa Murray, Professor, NYU Law School; Paul Clement, Partner, Kirkland & Ellis, LLP; Hamid Khan, Education Attorney, Federal Judicial Center.

    Term Talk: Mahanoy School District v. B.L., Amer. for Prosperity v. Bonta

    Play Episode Listen Later Oct 14, 2021 13:03


    Free Speech and Free Association. Watch experts discuss the Court's first look at public school regulation of off campus student speech, and the burden donor disclosure requirements have on Free Association rights. Participants. Melissa Murray, Professor, NYU Law School; Paul Clement, Partner, Kirkland & Ellis, LLP; Hamid Khan, Education Attorney, Federal Judicial Center.

    Term Talk: Fulton v. Philadelphia, Roman Catholic Diocese v. Cuomo, Tandon v. Newsom

    Play Episode Listen Later Oct 14, 2021 12:32


    Free Exercise of Religion. Watch experts discuss the Court's shift toward a more robust Free Exercise Clause in the context of contracting and COVID restrictions, and the red flag raised by government discretionary decision making. Participants. Erwin Chemerinsky, Dean, UC Berkeley Law School; Michael McConnell, Professor, Stanford Law School; and Jim Chance, Senior Education Attorney, Federal Judicial Center.

    Term Talk: Fulton v. Philadelphia, Roman Catholic Diocese v. Cuomo, Tandon v. Newsom

    Play Episode Listen Later Oct 14, 2021 12:32


    Free Exercise of Religion. Watch experts discuss the Court's shift toward a more robust Free Exercise Clause in the context of contracting and COVID restrictions, and the red flag raised by government discretionary decision making. Participants. Erwin Chemerinsky, Dean, UC Berkeley Law School; Michael McConnell, Professor, Stanford Law School; and Jim Chance, Senior Education Attorney, Federal Judicial Center.

    Term Talk: Brnovich v. Democratic National Committee

    Play Episode Listen Later Oct 14, 2021 9:17


    Voting Rights Act. Watch experts discuss the limits the Supreme Court placed on Sec. 2 of the VRA to regulate time, place, and manner restrictions, and the implications for the VRA. Participants. Erwin Chemerinsky, Dean, UC Berkeley Law School; Laurie L. Levenson, Professor, Loyola Law School; and Jim Chance, Senior Education Attorney, Federal Judicial Center.

    Term Talk: Brnovich v. Democratic National Committee

    Play Episode Listen Later Oct 14, 2021 9:17


    Voting Rights Act. Watch experts discuss the limits the Supreme Court placed on Sec. 2 of the VRA to regulate time, place, and manner restrictions, and the implications for the VRA. Participants. Erwin Chemerinsky, Dean, UC Berkeley Law School; Laurie L. Levenson, Professor, Loyola Law School; and Jim Chance, Senior Education Attorney, Federal Judicial Center.

    Term Talk: Caniglia v. Strom, Lange v. CA, Torres v. Madrid

    Play Episode Listen Later Oct 7, 2021 13:39


    Fourth Amendment. Search and Seizure. Watch experts discuss the Court's refusal to broaden the Community Caretaking exception and doctrine of hot pursuit in favor of protecting privacy in the home, and the different standards applied to seizure in civil and criminal cases. Participants. Erwin Chemerinsky, Dean, Berkeley School of Law; Laurie Levenson, Professor, Loyola School of Law; and Jim Chance, Senior Education Attorney, Federal Judicial Center.

    Term Talk: Caniglia v. Strom, Lange v. CA, Torres v. Madrid

    Play Episode Listen Later Oct 7, 2021 13:39


    Fourth Amendment. Search and Seizure. Watch experts discuss the Court's refusal to broaden the Community Caretaking exception and doctrine of hot pursuit in favor of protecting privacy in the home, and the different standards applied to seizure in civil and criminal cases. Participants. Erwin Chemerinsky, Dean, Berkeley School of Law; Laurie Levenson, Professor, Loyola School of Law; and Jim Chance, Senior Education Attorney, Federal Judicial Center.

    Term Talk: Espinoza v. Montana Dep’t of Revenue

    Play Episode Listen Later Dec 21, 2020 9:03


    Experts discuss the Supreme Court’s shift away from a strong Establishment Clause toward a more robust Free Exercise Clause when considering the constitutionality of giving public aid to religious organizations.

    Term Talk: Espinoza v. Montana Dep’t of Revenue

    Play Episode Listen Later Dec 21, 2020 9:03


    Experts discuss the Supreme Court’s shift away from a strong Establishment Clause toward a more robust Free Exercise Clause when considering the constitutionality of giving public aid to religious organizations.

    Term Talk: Our Lady of Guadalupe v. Morrissey-Berru together with St. James School v. Biel

    Play Episode Listen Later Dec 21, 2020 10:23


    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.

    Term Talk: Our Lady of Guadalupe v. Morrissey-Berru together with St. James School v. Biel

    Play Episode Listen Later Dec 21, 2020 10:23


    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.

    Term Talk: Comcast v. National Ass’n of African American-Owned Media, Hernandez v. Mesa

    Play Episode Listen Later Dec 16, 2020 12:13


    Experts discuss the different legal standards applied to racial discrimination claims brought under §1981 and Title VII, as well as the Court’s hesitation to broaden Bivens claims to cover cross-border shootings.

    Term Talk: Comcast v. National Ass’n of African American-Owned Media, Hernandez v. Mesa

    Play Episode Listen Later Dec 16, 2020 12:13


    Experts discuss the different legal standards applied to racial discrimination claims brought under §1981 and Title VII, as well as the Court’s hesitation to broaden Bivens claims to cover cross-border shootings.

    Term Talk: Comcast v. National Ass’n of African American-Owned Media, Hernandez v. Mesa

    Play Episode Listen Later Dec 16, 2020 12:13


    Experts discuss the different legal standards applied to racial discrimination claims brought under §1981 and Title VII, as well as the Court’s hesitation to broaden Bivens claims to cover cross-border shootings.

    Term Talk: DHS v. Regents of the U of Califoria, DHS v. Thuraissigiam

    Play Episode Listen Later Dec 15, 2020 10:32


    Experts analyze what the Executive must do to properly rescind DACA, and when Due Process rights attach to immigrants that have crossed the U.S. border.

    Term Talk: DHS v. Regents of the U of Califoria, DHS v. Thuraissigiam

    Play Episode Listen Later Dec 14, 2020 10:32


    Experts analyze what the Executive must do to properly rescind DACA, and when Due Process rights attach to immigrants that have crossed the U.S. border.

    Term Talk: DHS v. Regents of the U of Califoria, DHS v. Thuraissigiam

    Play Episode Listen Later Dec 14, 2020 10:32


    Experts analyze what the Executive must do to properly rescind DACA, and when Due Process rights attach to immigrants that have crossed the U.S. border.

    Term Talk: Seila v. CFPB

    Play Episode Listen Later Dec 9, 2020 8:57


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

    Term Talk: Seila v. CFPB

    Play Episode Listen Later Dec 9, 2020 8:57


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

    Term Talk: Trump v. Mazars, Trump v. Vance

    Play Episode Listen Later Dec 9, 2020 10:03


    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.

    Term Talk: Trump v. Mazars, Trump v. Vance

    Play Episode Listen Later Dec 9, 2020 10:03


    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.

    Term Talk: McGirt v. Oklahoma, Kansas v. Glover

    Play Episode Listen Later Dec 7, 2020 14:58


    Experts discuss a criminal law jurisdictional ruling impacting nearly half of Oklahoma land and with implications across a broad array of laws and regulations. Also discussed is how Kansas v. Glover’s narrow holding prompts questions about future interpretations of reasonable suspicion traffic stops if applied to the many possible differing factual scenarios.

    Term Talk: McGirt v. Oklahoma, Kansas v. Glover

    Play Episode Listen Later Dec 7, 2020 14:58


    Experts discuss a criminal law jurisdictional ruling impacting nearly half of Oklahoma land and with implications across a broad array of laws and regulations. Also discussed is how Kansas v. Glover’s narrow holding prompts questions about future interpretations of reasonable suspicion traffic stops if applied to the many possible differing factual scenarios.

    Term Talk: June Medical v. Russo, Little Sisters v. Pennsylvania

    Play Episode Listen Later Oct 26, 2020 12:55


    Experts discuss the constitutionality of admitting privileges requirements for abortion providers, and whether exceptions to ACA-required contraceptive coverage can be administratively expanded to include moral objection.

    Term Talk: June Medical v. Russo, Little Sisters v. Pennsylvania

    Play Episode Listen Later Oct 26, 2020 12:55


    Experts discuss the constitutionality of admitting privileges requirements for abortion providers, and whether exceptions to ACA-required contraceptive coverage can be administratively expanded to include moral objection.

    Term Talk: Bostock v. Clayton County, Georgia, Altitude Express v. Zarda and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission

    Play Episode Listen Later Oct 7, 2020 12:14


    Sex Discrimination. Title VII definition of sex includes sexual orientation and identity. Erwin Chemerinsky, Dean of Berkeley Law, Laurie Levenson, Professor of Law, Loyola Law School, and Elizabeth Wiggins, Director of the Federal Judicial Center’s Research Division, discuss Bostock v. Clayton County, Georgia’s expanded definition of sex under Title VII, and the impact the decision will have on Federal Judges. Cases discussed: Bostock v. Clayton County, Georgia, Altitude Express v. Zarda and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission

    Term Talk: Bostock v. Clayton County, Georgia, Altitude Express v. Zarda and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission

    Play Episode Listen Later Oct 2, 2020 12:14


    Sex Discrimination. Title VII definition of sex includes sexual orientation and identity. Erwin Chemerinsky, Dean of Berkeley Law, Laurie Levenson, Professor of Law, Loyola Law School, and Elizabeth Wiggins, Director of the Federal Judicial Center’s Research Division, discuss Bostock v. Clayton County, Georgia’s expanded definition of sex under Title VII, and the impact the decision will have on Federal Judges. Cases discussed: Bostock v. Clayton County, Georgia, Altitude Express v. Zarda and R.G. & G.R. Harris Funeral Homes Inc. v. Equal Employment Opportunity Commission

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