Law Practice Management

Supreme Court: A Year in Review


During the year leading up to the 2012 Presidential election the Supreme Court decided major cases in several significant areas of law, including the First Amendment and Separation of Powers, through such cases as the Patient Protection and Affordable Care Act and Arizona SB1070.

Each panelist presents a group of Supreme Court decisions from the term and explains how they will impact specific areas of law, including free speech, international law, consumer rights, immigration, religious exceptions and changes affecting the rules of criminal procedure.

In addition to the case-by-case analysis of the 2011 Supreme Court term, the panel considers the broader implications, with discussion about the unexpected role of 18th century tort law, Justice Scalia’s thoughts on a world without plea bargaining and what this term might tell us about the future of the  Roberts Court. 


I. Supreme Court 2012: A Year in Review 
    A. Introductions 
        1. Introduction of Moderator 
        2. Introduction of Panel 
    B. First Amendment Cases 
        1. False Statements Are Not Protected Speech 
        2. What if the False Statement Doesn’t Cause Harm? 
        3. What Does the FCC Mean By Fleeting Expletives? 
        4. What is the Ministerial Exception? 
    C. Procedure and Federal Jurisdiction Cases 
        1. Arbitration versus Litigation 
        2. How Will Dodd-Frank Affect Arbitration 
        3. Bringing Suit Without Alleging Actual Damages 
        4. Injury, Causation and Redressability 
    D. Immigration and Foreign Relations 
        1. Preemption and Arizona SB1070 
        2. Arizona’s Immigration Status Checks 
        3. U.S. Policy with Respect to Jerusalem 
        4. The Torture Victim Act 
    E. Criminal Law and Procedure Cases 
        1. Overview of the Criminal and Procedure Cases 
        2. Ineffective Assistance Under Strickland 
        3. Embracing the “Sporting Chance” Theory of Law 
        4. Is Plea Bargaining Constitutional? 
        5. Defining “Illegal Search” in the 21st Century 
        6. What is the “Reasonable Expectation of Privacy”? 
        7. When is Degrading Treatment Unconstitutional? 
        8. The Confrontation Clause 
    F. Health Care Cases 
        1. The Patient Protection and Affordable Care Act 
        2. The Rulings Leading to the Supreme Court 
        3. The Regulation of Inactivity 
        4. The Necessary and Proper Clause 
        5. Is This a Tax or a Penalty? 
        6. Dicta versus Holding 
        7. Unduly Coercive Use of the Spending Clause 
        8. What Did We Learn About the Roberts Court? 
        9. Questions and Answers

Content Provided


The years following the Civil War were tumultuous ones for New York City, offering many opportunities to the dishonest. Unsavory politicians and errant members of the bench and bar were among those who took advantage of those troubled times. In December 1869, a letter was circulated among some of the city’s lawyers addressing those improprieties. It called for the creation of a new bar association to “sustain the profession in its proper position in the community, and thereby enable it ... to promote the interests of the public ....” More than 200 lawyers responded by signing a declaration of organization and in 1870 The Association of the Bar of the City of New York was born. The young organization quickly made its presence felt. Among its first activities was a campaign to defeat corrupt politicians and judges at the polls and to establish standards of conduct for those in the legal profession.

The association continues to work at political, legal and social reform, and maintaining high ethical standards for the legal profession. The association also continues to implement innovative means by which the disadvantaged may be helped. Much of this work is accomplished through the Association's more than 160 committees, each charged to consider a specific area of law or the profession.

The association has grown to more than 23,000 members. To serve them, the association strives to move ahead in many areas. The library is the largest member-funded law library in the country, and provides members with a “gateway” to online services, including free use of LexisNexis and WestLaw, while continuing to provide more traditional library services. The Small Law Firm Center, Career Management Program and other benefits are constantly evolving to serve members’ needs. More than 150 continuing legal education programs are presented annually.

The public good remains one of the association’s highest priorities. The Legal Referral Service, jointly sponsored by the association and the New York County Lawyers’ Association, provides an array of services directly aimed at serving the needs of the public. The City Bar Justice Center identifies the most pressing legal concerns of New York’s neediest and uses novel approaches to address them, often involving community participation.


Speakers / Authors:

Photo of Steven M. Freeman

Steven M. Freeman


Steven M. Freeman became Director of Legal Affairs with the Anti-Defamation League in 1988, after serving as the Assistant Director since 1985. As Legal Director he oversees the agency’s work on bias crimes, discrimination, free speech, terrorism, and church-state issues. This work has included more than 250 amicus curiae briefs before the U.S. Supreme Court and federal courts.

In addition to being Director of Legal Affairs, Mr. Freeman also serves as the Associate Director of the Civil Rights Division of the Anti-Defamation League. His work in this area ranges from school security, as it relates to hate groups and cyber-bullying, to tracking extremist groups.

Mr. Freeman served as the Director of Special Projects of the Greater New York Conference on Soviet Jewry and as a staff attorney for the Lawyers Committee for Human Rights (now Human Rights First). His responsibilities at these organizations included coordinating the efforts of attorneys engaged in pro bono human rights activities, serving as a liaison to elected and appointed officials, and preparing legal documents for submission to various domestic and international forums.

He is a member of the State Bar of New York and the Bar of the United States Supreme Court.

Mr. Freeman earned a B.A. from Yale University in 1976 and received his J.D. from Stanford Law School in 1979.



Photo of Jamal Greene

Jamal Greene

Jamal Greene joined the faculty at Columbia Law School in 2008. He teaches constitutional law, constitutional theory, federal courts, and a legal theory workshop. Professor Greene’s research focuses on the sociology of legal and constitutional argument. He is the author of more than 20 law review articles and book chapters, with works appearing in the Harvard Law Review, the Yale Law Journal, and the Columbia Law Review, among other publications.

Prior to joining the Columbia faculty, Professor Greene served as an Alexander Fellow at New York University School of Law. From 1999-2002 he was a reporter for Sports Illustrated.

Professor Greene has served as a law clerk to the Honorable Guido Calabresi of the U.S. Court of Appeals for the Second Circuit and the Honorable John Paul Stevens of the U.S. Supreme Court.

Professor Greene is a 2005 graduate of Yale Law School and holds an A.B. degree in economics from Harvard College.

Photo of Troy A. McKenzie

Troy A. McKenzie

Troy A. McKenzie is as an associate professor of law at the New York University School of Law. He teaches bankruptcy litigation, complex litigation, civil litigation and the federal courts.

Before joining the NYU faculty, Mr. McKenzie was a litigation associate for four years at Debevoise & Plimpton in New York.

Following law school, he served as a law clerk to Judge Pierre N. Leval of the U.S. Court of Appeals for the Second Circuit and Justice John Paul Stevens of the Supreme Court of the United States.

He earned a bachelor’s degree in chemical engineering in 1997 from Princeton University and his law degree in 2000 from the New York University School of Law, where he was an Executive Editor of the Law Review and a member of the Order of the Coif.


Photo of Steven R. Shapiro

Steven R. Shapiro

Steven R. Shapiro is the Legal Director of the American Civil Liberties Union. He directs a staff of approximately 90 full-time lawyers who maintain a large and active docket of civil liberties cases around the country. Those cases cover a broad range of issues, including: free speech, racial justice, religious freedom, due process, privacy, reproductive and women's rights, immigrant's rights, gay rights, voting rights, prisoner's rights, and the death penalty.

Mr. Shapiro joined the New York Civil Liberties Union in 1976. He has been the ACLU's Legal Director since 1993, after serving as Associate Legal Director from 1987–1993. During that time he appeared as counsel or co-counsel on more than 200 ACLU briefs submitted to the United States Supreme Court. He has successfully argued before the Supreme Court.

Mr. Shapiro is also an adjunct professor of constitutional law at Columbia Law School, and a frequent speaker and writer on civil liberties issues. He was a member of the Board of Directors of Human Rights First for 20 years and currently serves as a member of the Policy Committee of Human Rights Watch. He is on the Advisory Committees of the U.S. Program and Asia Program of Human Rights Watch.

After graduating magna cum laude from Harvard Law School in 1975 he spent one year as law clerk to Judge J. Edward Lumbard of the U.S. Court of Appeals for the Second Circuit.

Photo of Richard J. Sullivan

Richard J. Sullivan

Honorable Richard J. Sullivan was appointed to the United States District Court for the Southern District of New York in July 2007 and entered duty on August 6, 2007. Prior to becoming a judge, he served as the General Counsel of Marsh Inc., a leading risk and insurance services firm.

Judge Sullivan is a member of the New York American Inn of Court and an adjunct professor at Fordham University School of Law, where he teaches courses on white collar crime and trial advocacy.

From 1994 to 2005, Judge Sullivan served as an Assistant United States Attorney in the Southern District of New York, where he was Chief of the International Narcotics Trafficking Unit and Director of the New York/New Jersey Organized Crime Drug Enforcement Task Force. In 1998 he was named the Federal Law Enforcement Association’s Prosecutor of the Year. In 2003 he was awarded the Henry L. Stimson Medal from the Association of the Bar of the City of New York.

He is a 1990 graduate of Yale Law School and graduated with a B.A. in 1986 from the College of William & Mary. Following law school he was a law clerk to the Honorable David M. Ebel of the United States Court of Appeals for the 10th Circuit, before becoming litigation associate at Wachtell, Lipton, Rosen & Katz in New York.

Photo of Brian Wolfman

Brian Wolfman

Brian Wolfman is a co-director of Georgetown University Law Center’s Institute for Public Representation, where he heads the Institute’s civil rights and general public interest clinic. He joined the Georgetown faculty in 2009 after spending nearly 20 years at the national public interest law firm Public Citizen Litigation Group, serving the last five years as the Litigation Group’s Director. He served as an advisor to the American Law Institute from 2004-2010.

Mr. Wolfman has handled a broad range of litigation, including cases involving health and safety regulation, class action governance, court access issues, federal preemption, consumer law, public benefits law, and government transparency. He has been lead and co-counsel in several dozen Supreme Court cases, argued five cases before that Court (winning four), and litigated many of other cases before federal and state appellate and trial courts around the country. He directed Public Citizen’s Supreme Court Assistance Project, which helps “underdog” public interest clients litigate before the U.S. Supreme Court.

In addition to his clinic responsibilities at Georgetown, he also teaches a litigation seminar and Federal Courts and the Federal System. He regularly teaches a course on appellate courts at Harvard Law School, and, before joining the Georgetown faculty full time, he taught as an adjunct there and at Stanford, Vanderbilt, and the American Law Institute.

Mr. Wolfman earned a B.A. from the University of Pennsylvania in 1978 and received his J.D. from Harvard Law in 1984.  

Price (USD)

Standard Rate: $297.00

Course Code : 773127

Length : 2hr 36min
Recorded Date : 7/18/2012

Format Type : eLearning

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