SCOTUS Roundup 2022
Wednesday, September 28, 2022 | Room 105, Berkeley Law
Join the Public Law & Policy Program, American Constitution Society and the Federalist Society for our annual Supreme Court Roundup to discuss cases from the Supreme Court’s past and upcoming terms! Panelists include Dean Erwin Chemerinsky, Professors Amanda Tyler and Orin Kerr, and Anastasia Boden from the Pacific Legal Foundation.
Erwin Chemerinsky became the 13th Dean of Berkeley Law on July 1, 2017, when he joined the faculty as the Jesse H. Choper Distinguished Professor of Law.
Prior to assuming this position, from 2008-2017, he was the founding Dean and Distinguished Professor of Law, and Raymond Pryke Professor of First Amendment Law, at University of California, Irvine School of Law. Before that he was the Alston and Bird Professor of Law and Political Science at Duke University from 2004-2008, and from 1983-2004 was a professor at the University of Southern California Law School, including as the Sydney M. Irmas Professor of Public Interest Law, Legal Ethics, and Political Science. From 1980-1983, he was an assistant professor at DePaul College of Law.
He is the author of sixteen books, including leading casebooks and treatises about constitutional law, criminal procedure, and federal jurisdiction. His most recent books are Worse than Nothing: The Dangerous Fallacy of Originalism (2022) and Presumed Guilty: How the Supreme Court Empowered the Police and Subverted Civil Rights (2021).
He also is the author of more than 200 law review articles. He is a contributing writer for the Opinion section of the Los Angeles Times, and writes regular columns for the Sacramento Bee, the ABA Journal and the Daily Journal, and frequent op-eds in newspapers across the country. He frequently argues appellate cases, including in the United States Supreme Court.
In 2016, he was named a fellow of the American Academy of Arts and Sciences. In 2017, National Jurist magazine again named Dean Chemerinsky as the most influential person in legal education in the United States. In 2022, he is the President of the Association of American Law Schools.
Amanda L. Tyler is the Shannon Cecil Turner Professor of Law at the University of California, Berkeley School of Law. Professor Tyler’s research and teaching interests include the Supreme Court, federal courts, constitutional law, legal history, civil procedure, and statutory interpretation. She is the co-author, with the Honorable Ruth Bader Ginsburg, of Justice, Justice Thou Shalt Pursue: A Life’s Work Fighting for a More Perfect Union(opens in a new tab) (opens in a new tab), which the University of California Press published in early 2021. The book is an outgrowth of Justice Ginsburg’s 2019 visit to Berkeley Law when she and Tyler sat down for a conversation about Justice Ginsburg’s life. Tyler is also the author of Habeas Corpus in Wartime: From the Tower of London to Guantanamo Bay(opens in a new tab) (opens in a new tab), published in 2017 by Oxford University Press and released in paperback in 2019, as well as Habeas Corpus: A Very Short Introduction(opens in a new tab) (opens in a new tab), published in 2021 by Oxford University Press. Tyler has contributed to many books and published with the Atlantic, the Lawfare Blog, other media outlets, and numerous law journals. Recent articles include Courts and the Executive in Wartime: A Comparative Study of the American and British Approaches to the Internment of Citizens During World War II and Their Lessons for Today, 107 California Law Review 789 (2019); and Habeas Corpus in Wartime and Larger Lessons for Constitutional Law(opens in a new tab) (opens in a new tab)
, Harvard Law Review Online (April 2019). Another article, Judicial Review in Times of Emergency: From the Founding Through the COVID-19 Pandemic, is forthcoming with the Virginia Law Review (2023). Since 2016, Professor Tyler has served as a co-editor of Hart and Wechsler’s The Federal Courts and the Federal System (Foundation Press) (with Richard H. Fallon, Jr., Jack L. Goldsmith, John F. Manning, and David L. Shapiro).
Prior to joining the Berkeley Law faculty in 2012, Professor Tyler served on the faculty of the George Washington University Law School and was a visiting professor at Harvard Law School, New York University School of Law, and the University of Virginia School of Law. In 2017, she was a Visiting Senior Fellow in the Law Department of the London School of Economics and the Order of the Coif Distinguished Visitor. Tyler is a past Chair of the Federal Courts Section of the American Association of Law Schools and is an elected member of the American Law Institute. In 2020, Professor Tyler received the law school’s Rutter Award for Teaching Distinction.
Professor Tyler holds a degree in Public Policy, with honors and distinction, from Stanford University, and a J.D., magna cum laude, from Harvard Law School. At Stanford, she played on the Division I Women’s Soccer Team. At Harvard, she served as Treasurer of the Harvard Law Review and won the George Leisure Award for Best Oralist in the James Barr Ames Moot Court Finals. Following law school, Professor Tyler served as a law clerk to the Honorable Guido Calabresi at the United States Court of Appeals for the Second Circuit and the Honorable Ruth Bader Ginsburg at the Supreme Court of the United States. She also practiced as an associate with the law firm of Sidley & Austin in Washington, D.C. Before law school, Tyler worked at the United States Department of Justice. Professor Tyler has run 20 marathons, including 13 Boston Marathons.
Orin Kerr is one of the country’s foremost scholars of the Fourth Amendment and criminal procedure. He helped found the field of computer crime law, which studies how traditional legal doctrines must adapt to digital crime and digital evidence.
Kerr has authored more than seventy law review articles, over half of which have been cited in judicial opinions (including eight different articles that have been cited in U.S. Supreme Court opinions). He is regularly listed as among the most cited and most influential law professors in the United States. In addition to writing law review articles, Kerr has authored popular casebooks, co-authored the leading criminal procedure treatise, and published countless blog posts. These days he also wastes a lot of time on Twitter.
Kerr has briefed and argued cases in the United States Supreme Court and three federal circuits. He has testified six times before Congressional committees. From 2013-2019, Kerr served on the Advisory Committee for the Federal Rules of Criminal Procedure by appointment of Chief Justice Roberts. In 2015, the Chief Justice appointed him to serve on the Judicial Conference’s committee to review the Criminal Justice Act.
Before attending law school, Kerr earned undergraduate and graduate degrees in mechanical engineering. He has served as a law clerk for Judge Leonard I. Garth of the U.S. Court of Appeals for the Third Circuit and Justice Anthony M. Kennedy of the United States Supreme Court. He has also served as a trial attorney in the Computer Crime and Intellectual Property Section at the U.S. Department of Justice and a Special Assistant U.S. Attorney in the Eastern District of Virginia.
Prior to joining the Berkeley Law faculty, Kerr was a professor at the George Washington University Law School and later at the University of Southern California Gould School of Law. He also has been a visiting professor at the University of Pennsylvania and the University of Chicago.
Anastasia Boden is a senior attorney in the Pacific Legal Foundation’s Economic Liberty Project, where she challenges anti-competitive licensing laws and laws that restrict freedom of speech.
Anastasia’s practice largely consists of representing entrepreneurs and small businesses who find themselves in a bureaucratic nightmare when simply trying to earn an honest living. One of the most egregious examples of the laws she challenges are Competitor’s Veto laws, which essentially require entrepreneurs to get permission from their competitors before opening their doors. Anastasia has represented moving, limousine and shuttle companies in Competitor’s Veto lawsuits across the country, achieving legislative reform in Montana, Pennsylvania, and West Virginia.
In addition to litigating, Anastasia testifies before legislatures on the impact of occupational licensing on entrepreneurship. Her writings on all matters of law and liberty have been featured in the Washington Post, the Chicago Tribune, Forbes, and more. In 2015, Anastasia was selected for the Claremont Institute’s prestigious John Marshall Fellowship.
A southern-California native, Anastasia earned her B.A. with Dean’s Honors from the University of California, Santa Barbara. She was drawn east to attend law school at Georgetown, where she was Research Assistant to Professor Randy E. Barnett (aka the “Godfather” of the Obamacare challenge). Prior to joining PLF, she worked at the Cato Institute’s Center for Constitutional Studies and at Washington Legal Foundation.
When not lawyering, Anastasia can be found playing classical piano, competing at board games, or watching Jeopardy! She wants everyone to know that the Beatles are better than the Stones.