A Seat at the Sitting - January 2023

Each month, a panel of constitutional experts convenes to discuss the Court’s upcoming docket sitting by sitting. The cases covered in this episode are included below.

• In re Grand Jury (Jan. 9) - Professional Responsibility; whether a communication involving both legal and non-legal advice is protected by attorney client privilege when obtaining or providing legal advice was one of the purposes behind the communication.
• The Ohio Adjutant General’s Department v. Federal Labor Relations Authority (Jan. 9) - Labor Law; whether the Civil Service Reform Act of 1978, which empowers the Federal Labor Relations Authority to regulate the labor practices of federal agencies only, empower it to regulate the labor practices of state militias.
• Glacier Northwest, Inc. v. International Brotherhood of Teamsters (Jan. 10) - Labor Law; Whether the National Labor Relations Act impliedly preempts a state tort claim against a union for intentionally destroying an employer's property in the course of a labor dispute.
• Financial Oversight and Management Board for Puerto Rico v. Centro de Periodismo Investigativo, Inc. (Jan. 11) - Federalism; whether the Puerto Rico Oversight, Management, and Economic Stability Act’s general grant of jurisdiction to the federal courts over claims against the Financial Oversight and Management Board for Puerto Rico and claims otherwise arising under PROMESA abrogate the Board’s sovereign immunity with respect to all federal and territorial claims.
• Santos-Zacaria v. Garland (Jan. 17) - Immigration; whether the court of appeals correctly determined that 8 U.S.C. 1252(d)(1) prevented the court from reviewing petitioner's claim that the Board of Immigration Appeals engaged in impermissible factfinding because petitioner had not exhausted that claim through a motion to reconsider.

Featuring:
--William Hodes, Professor Emeritus of Law, Indiana University; Co-Author, The Law of Lawyering
--Tessa E. Shurr, Litigation Associate, The Fairness Center
--Prof. Richard Epstein, Laurence A. Tisch Professor of Law and Director, Classical Liberal Institute, New York University School of Law
--Moderator: Anna St. John, President and General Counsel, Hamilton Lincoln Law Institute