Criminal Law

Litigation Update: Sanctuary Cities in the District Court - Podcast

Federalism & Separation of Powers Practice Group Podcast
John C. Eastman September 22, 2017

On Friday, September 15 Judge Harry Leinenweber of the Northern District of Illinois granted a preliminary injunction against the federal government’s enforcement of a new Justice Department requirement tied to federal funding. The new Byrne Justice Assistant Grants require sanctuary cities that want federal funding to cooperate with federal immigration officials and notify them before illegal immigrants are going to be released from jail. Dr. John Eastman of Chapman University will join us to discuss the significance of the ruling and the future of the litigation.


  • Dr. John C. Eastman, Henry Salvatori Professor of Law & Community Service, Chapman University School of Law

Are Existing Civil Rights Policies Based on a Statistical Understanding That Is the Opposite of Reality? - Podcast

Civil Rights Practice Group Podcast
James P. Scanlan, Roger B. Clegg July 25, 2017

For decades, the DOJ’s civil rights enforcement policies regarding lending, school discipline, and criminal justice have been premised on the belief that relaxing standards and otherwise reducing the frequency of adverse outcomes will reduce percentage racial differences in rates of experiencing those outcomes.  Exactly the opposite is the case. Generally reducing any adverse outcome tends to increase, not decrease, percentage racial differences in rates of experiencing those outcomes. This Teleforum discussed whether the Sessions DOJ will be able to understand the statistical issues and, if so, how such understanding should affect civil rights enforcement policies. Click here to access materials referenced in this Podcast. Click here for Jim's website.


  • James P. Scanlan, Attorney at Law
  • Moderator: Roger B. Clegg, President and General Counsel, Center for Equal Opportunity

Compensation for the Wrongfully Imprisoned? - Podcast

Criminal Law & Procedure Practice Group Podcast
David LaBahn, Ilya Somin July 11, 2017

In recent years, there have been a growing number of cases where people have been freed from prison after they were exonerated or their convictions were overturned. Some states have statutes that provide compensation under some circumstances to such individuals, but the scope of those statutes and their applicability varies, with other states providing no means of compensation at all. A number of advocacy groups are pushing for changes. What, if anything, should be done? What kind of compensation are the wrongfully imprisoned entitled to? What kind of financial obligations for these cases can state treasuries bear? What is the perspective of law enforcement on these questions? This Teleforum explored these and related issues.


  • David LaBahn, President and CEO, Association of Prosecuting Attorneys
  • Ilya Somin, Professor of Law, Antonin Scalia Law School, George Mason University

Courthouse Steps: Hernandez v. Mesa Decided - Podcast

International & National Security Law Practice Group Podcast
Steven Giaier June 29, 2017

On Monday, the Supreme Court vacated and remanded Hernandez v. Mesa to the Fifth Circuit. The case involved a cross-border shooting and a Bivens claim.

In July of 2010, a 15-year-old adolescent named Sergio Adrian Hernandez Guereca and his friends were playing along a concrete structure on the border of the U.S. and Mexico. When Jesus Mesa, Jr., a U.S. Border Patrol Agent arrived, he detained one of the youths on the border, and shot and killed Hernandez, who was hiding behind a pillar of the Paso Del Norte Bridge on the Mexican side of the border. Hernandez’s parents sued Agent Mesa under the Fourth and Fifth Amendment for the use of unlawful and disproportionate force. Agent Mesa argued that the Fourth and Fifth Amendments did not apply because Hernandez was not a U.S. citizen.

The District Court found for Agent Mesa, while the U.S. Court of Appeals for the Fifth Circuit held that the Fifth Amendment protections against deadly force applied but the Fourth Amendment did not, and that Agent Mesa should not receive qualified immunity.

Steve Giaier of the House Committee on Homeland Security joined us to discuss the Court’s decision to vacate and remand and what it means for the case going forward.


  • Steven Giaier, Senior Counsel, House Committee on Homeland Security