Faculty Available for Comment on 2021 Supreme Court Term

U.S. Supreme Court

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September 28, 2021

University of Virginia School of Law faculty listed here are available to speak to the media about the 2021 Supreme Court term. The list will be updated as more cases are announced.

 

Becerra v. Empire Health Foundation

Whether, for purposes of calculating additional payment for hospitals that serve a “significantly disproportionate number of low-income patients,” the secretary of health and human services has permissibly included in a hospital’s Medicare fraction all of the hospital’s patient days of individuals who satisfy the requirements to be entitled to Medicare Part A benefits, regardless of whether Medicare paid the hospital for those particular days.

Konnoth writes in health and civil rights, as well as on health data regulation. He is also active in LGBT rights litigation, and has filed briefs in the U.S. Supreme Court and the Tenth Circuit on LGBT rights issues.


Carson v. Makin

Whether a state violates the Constitution by prohibiting students participating in an otherwise generally available student-aid program from choosing to use their aid to attend schools that provide “sectarian” instruction.

Schragger’s scholarship focuses on the intersection of constitutional law and local government law, federalism, urban policy, and the constitutional and economic status of cities. He also writes about law and religion.


City of Austin, Texas v. Reagan National Advertising of Texas Inc.

Whether the Austin city code’s distinction between on-premise signs, which may be digitized, and off-premise signs, which may not, is a facially unconstitutional content-based regulation.

Schauer is a world-renowned expert in the areas of constitutional law, evidence, legal reasoning, freedom of speech, and jurisprudence and the philosophy of law. His expertise has been demonstrated in hundreds of books, book chapters, articles, essays, classes and personal appearances.


Concepcion v. United States

Whether, when deciding if it should “impose a reduced sentence” on an individual under the First Step Act of 2018, a district court must or may consider intervening legal and factual developments.

Brown teaches Criminal Law, Criminal Adjudication, and Evidence, among other courses.


Cummings v. Premier Rehab Keller

Whether the compensatory damages available under the Civil Rights Act of 1964 and the statutes that incorporate its remedies for victims of discrimination, such as the Rehabilitation Act and the Affordable Care Act, include compensation for emotional distress.

Bayefsky writes about constitutional law, federal courts, civil procedure and legal theory. Her work addresses both the practical workings of legal institutions and underlying philosophical ideas such as dignity and equality. She clerked for Justice Ruth Bader Ginsburg.

Rutherglen has chaired the advisory committee on Fourth Circuit Rules and served as director of the Graduate Program for Judges at the Law School. He teaches admiralty, civil procedure, employment discrimination and professional responsibility.


CVS Pharmacy Inc. v. Doe

Whether the Rehabilitation Act of 1973 and the Patient Protection and Affordable Care Act provide a disparate-impact cause of action for plaintiffs alleging disability discrimination.

Konnoth writes in health and civil rights, as well as on health data regulation. He is also active in LGBT rights litigation, and has filed briefs in the U.S. Supreme Court and the Tenth Circuit on LGBT rights issues.

Rutherglen has chaired the advisory committee on Fourth Circuit Rules and served as director of the Graduate Program for Judges at the Law School. He teaches admiralty, civil procedure, employment discrimination and professional responsibility.


Dobbs v. Jackson Women’s Health Organization

Whether all pre-viability prohibitions on elective abortions are unconstitutional.

Barzun’s areas of interest include constitutional law, torts, evidence and the history of legal thought.

Cahn is an expert in family law, trusts and estates, feminist jurisprudence, reproductive technology, and aging and the law. She is director of UVA Law’s Family Law Center.

Mahoney’s scholarly articles include works on land preservation, eminent domain, health care reform and property rights in human biological materials.

Shepherd is an expert in the fields of health law and bioethics. She teaches courses in health care law and ethics at both the Law School and the Medical School.


Federal Bureau of Investigation v. Fazaga

Whether the Foreign Intelligence Surveillance Act of 1978 displaces the state-secrets privilege and authorizes a District Court to resolve, in camera and ex parte, the merits of a lawsuit challenging the lawfulness of government surveillance by considering the privileged evidence.

Stephan is an expert on international business, international dispute resolution and comparative law. He recently served as special counsel to the general counsel of the U.S. Department of Defense.


Federal Election Commission v. Ted Cruz for Senate

Whether appellees have standing to challenge the statutory loan-repayment limit and whether the loan-repayment limit violates the Free Speech clause of the First Amendment.

Hellman’s scholarship includes articles on campaign finance law, bribery and corruption, each of which explore and challenge the normative foundations of current doctrine.


Hughes v. Northwestern University

Whether allegations that a defined-contribution retirement plan paid or charged its participants fees that substantially exceeded fees for alternative available investment products or services are sufficient to state a claim against plan fiduciaries for breach of the duty of prudence.

Curtis has written extensively on the regulation of mutual funds and retirement accounts, including empirical work on 401(k) plans, mutual fund governance and fee litigation. He has co-authored an amicus brief in Hughes.


Johnson v. Arteaga-Martinez

Whether a detained alien is entitled by statute, after six months of detention, to a bond hearing at which the government must prove to an immigration judge by clear and convincing evidence that the alien is a flight risk or a danger to the community.

Cope’s research focuses on the measurement of legal and political phenomena. Substantively, he is most interested in the law and politics of international institutions, migration, and relationships between domestic institutional structure and international behavior.


New York State Rifle & Pistol Association Inc. v. Co​rlett

Whether the state of New York's denial of petitioners' applications for concealed-carry licenses for self-defense violated the Second Amendment.

Howard is widely acknowledged as an expert in the fields of constitutional law, comparative constitutionalism and the Supreme Court. Howard has briefed and argued cases before state and federal courts, including the U.S. Supreme Court. He clerked for Justice Hugo Black.

Mahoney teaches courses in property, government finance, constitutional law and nonprofit organizations.

Shalf directs the Community Solutions Clinic and serves as the school’s director of clinical programs. She is co-author of “The Legal Context of School Violence: The Effectiveness of Federal, State, and Local Law Enforcement Efforts to Reduce Gun Violence in Schools.”


Ramirez v. Collier

Whether Texas’ decision to allow Ramirez’s pastor to enter the execution chamber but forbidding the pastor from laying his hands on his parishioner as he dies or praying aloud substantially burden the exercise of his religion.

Schragger’s scholarship focuses on the intersection of constitutional law and local government law, federalism, urban policy, and the constitutional and economic status of cities. He also writes about law and religion.


Shurtleff v. B​oston

Whether the First Circuit’s failure to apply the court’s forum doctrine to the First Amendment challenge of a private religious organization that was denied access to briefly display its flag on a city flagpole conflicts with Supreme Court precedents.

Schauer is a world-renowned expert in the areas of constitutional law, evidence, legal reasoning, freedom of speech, and jurisprudence and the philosophy of law. His expertise has been demonstrated in hundreds of books, book chapters, articles, essays, classes and personal appearances.

Schragger’s scholarship focuses on the intersection of constitutional law and local government law, federalism, urban policy, and the constitutional and economic status of cities. He also writes about law and religion.


U.S. v. Ts​arnaev

Whether the U.S. Court of Appeals erred in concluding that Dzhokhar Tsarnaev’s capital sentences must be vacated.

Frampton studies criminal law and constitutional criminal procedure with a focus on how legal actors, institutions and doctrines have responded, or failed to respond, to the dramatic expansion of the carceral state.


U.S. v. Vaello-Madero

Whether Congress violated the equal-protection component of the due process clause of the Fifth Amendment by establishing Supplemental Security Income in the 50 states and the District of Columbia, and in the Northern Mariana Islands pursuant to a negotiated covenant, but not extending it to Puerto Rico.

Mahoney’s scholarly articles include works on land preservation, eminent domain, health care reform and property rights in human biological materials.

Founded in 1819, the University of Virginia School of Law is the second-oldest continuously operating law school in the nation. Consistently ranked among the top law schools, Virginia is a world-renowned training ground for distinguished lawyers and public servants, instilling in them a commitment to leadership, integrity and community service.

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mfox@law.virginia.edu / (434) 982-6832

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