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Legal News
29 Jun 2015
by William Hibbitts

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] 5-4 on Monday that the EPA [official website] could not make regulations regarding the toxic emissions of power plants without considering costs. In Michigan v. Environmental Protection Agency [SCOTUSBLOG materials], the court considered the question of whether the EPA could … [read more]


Legal News
29 Jun 2015
by Devin Montgomery

The US Supreme court on Monday ruled [opinion, PDF] 5-4 in Arizona State Legislature v. Arizona Independent Redistricting Commission [SCOTUSblog materials] that the Elections Clause [text] of the US Constitution permits the state of Arizona to adopt a commission to draw congressional districts. At issue was a proposition [materials] passed … [read more]


Legal News
22 Jun 2015
by Devin Montgomery

The US Supreme Court [official website] ruled [opinion, PDF] 8-1 Monday in Horne v. Department of Agriculture [SCOTUSblog materials] that a program requiring California raisin growers to hand over a percentage of their harvest to the government violated the takings clause [LII backgrounder] of the Fifth Amendment. Under regulations citing … [read more]


Legal News
19 Jun 2015
by Colleen Mallick

[JURIST] The US Supreme Court [official website] on Thursday reinstated [opinion, PDF] the death sentence of a California man convicted of murder 25 years ago, despite evidence that seven of the prosecution’s peremptory challenges to jurors in the case were race-based. In a 5-4 decision, the majority held in Davis … [read more]


Legal News
19 Jun 2015
by Dominic Yobbi

[JURIST] The US Supreme Court [official website] on Thursday ruled [opinion, PDF] 9-0 that statements made by children to their teachers regarding possible abuse may be used as evidence at trial, even if the child does not testify in court. In Ohio v. Clark [SCOTUSblog materials] the court decided that … [read more]


Legal News
15 Jun 2015
by Jaclyn Belczyk

The US Supreme Court [official website] ruled [opinion, PDF] 5-4 Monday in Kerry v. Din [SCOTUSblog materials] that the government's denial of a man's visa application did not violate his wife's constitutional rights. Respondent Fauzia Din, an American citizen from Afghanistan, had sued the US government after her husband, Afghan … [read more]


Legal News
15 Jun 2015
by Devin Montgomery

The US Supreme Court [official website] ruled [opinion, PDF] 6-3 on Monday in Baker Botts v. ASARCO [SCOTUSblog materials] that law firms representing those undergoing bankruptcy proceedings cannot recoup fees incurred when defending the fees they originally charged their client. Under Chapter 11 bankruptcy rules [11 USC §330(a)(1) text], lawyers … [read more]


Legal News
1 Jun 2015
by Jaclyn Belczyk

The US Supreme Court [official website] ruled [opinion, PDF] 7-2 Monday in Mellouli v. Lynch [SCOTUSblog materials] that an immigrant's conviction for concealing unnamed pills in his sock did not trigger removal under under the Immigration and Nationality Act (INA) [text]. The INA provides that non-citizens may be deported if … [read more]


Legal News
18 May 2015
by Jaclyn Belczyk

The US Supreme Court [official website] ruled [opinion, PDF] unanimously Monday in Harris v. Viegelahn [SCOTUSblog materials] that a debtor who converts to Chapter 7 is entitled to return of any postpetition wages not yet distributed by the Chapter 13 trustee. Petitioner Charles Harris, after filing a voluntary petition for … [read more]


Legal News
18 May 2015
by Jaclyn Belczyk

The US Supreme Court [official website] ruled [opinion, PDF] 5-4 Monday in Comptroller v. Wynne [SCOTUSblog materials] that Maryland's personal income tax scheme violates the dormant Commerce Clause [Cornell LII backgrounder]. The question before the court was whether the US Constitution prohibits a state from taxing all the income of … [read more]


Legal News
21 Apr 2015
by Steven Wildberger

[JURIST] The US Supreme Court [official website] ruled Tuesday that extending an already completed traffic stop in order to conduct a drug sniff violates the Constitution [text] as an unreasonable seizure. In a 6-3 decision by Justice Ruth Bader Ginsburg, the majority held in Rodriguez v. United States [opinion, PDF] … [read more]


Legal News
9 Apr 2015
by Steven Wildberger

[JURIST] Claudio Giardiello, a defendant in a bankruptcy case, opened fire during trial on Thursday, killing three people, including a lawyer and a judge. Giardiello, an Italian businessman being tried for fraudulent bankruptcy, fired at least 13 shots from a gun he sneaked into the Palace of Justice [official website, … [read more]


Academic Commentary
14 Feb 2015
by Steven D. Smith of University of San Diego School of Law

JURIST Guest Columnist Steven Smith, of the University of San Diego School of Law, discusses the significance surrounding the decision made in Holt v. Hobbs and our nation's commitment to religious freedom ...In Holt v. Hobbs [PDF], the US Supreme Court methodically applied the Religious Land Use and Institutionalized Persons … [read more]


Features
7 Feb 2015

The debate over the legalization of same-sex marriage is one of the most polarizing issues [JURIST op-ed] currently facing the American legal community. Several major cases shaped the course of the debate over the past 40 years. Loving v. Virginia is a 1967 US Supreme Court case which declared laws … [read more]


Student Commentary
23 Jan 2015
by Justin Camper of Valparasio University Law School

JURIST Guest Columnist Justin Camper, Valparaiso University Law School Class of 2016, discusses the issues facing voters at the polls..."Voting is the most precious right of every citizen and we have a moral obligation to ensure the integrity of our voting process." No sentiment concerning voting rings truer than this … [read more]


Legal News
15 Dec 2014
by Jaclyn Belczyk

The US Supreme Court [official website] ruled [opinion, PDF] 8-1 Monday in Heien v. North Carolina [SCOTUSblog backgrounder] that a police officer's mistake of law can provide the individualized suspicion that the Fourth Amendment [text] requires to justify a traffic stop. The case involves the arrest of an automobile passenger … [read more]


Legal News
15 Dec 2014
by Jaclyn Belczyk

The US Supreme Court [official website] ruled [opinion, PDF] 5-4 Monday in Dart Cherokee Basin Operating Company, LLC v. Owens [SCOTUSblog backgrounder] that a defendant seeking removal to federal court must indicate only a plausible allegation that the amount in controversy exceeds the jurisdictional threshold. The notice need not contain … [read more]


Professional Commentary
20 Oct 2014
by D'Arcy Kemnitz of National LGBT Bar Association

JURIST Guest Columnist D'Arcy Kemnitz, Executive Director of the National LGBT Bar Association discusses reasons why the "gay panic" defense should be outlawed...Just over a year ago, barely a dozen states recognized lesbian and gay marriages. Today, following a sea of change spurred on by rapidly evolving public opinion and … [read more]


Legal News
9 Oct 2014
by Joseph Macklin

[JURIST] The US Supreme Court [official website] issued an order [text, PDF] Wednesday allowing North Carolina to do away with same-day voter registration and out-of-precinct voting. The order stays a decision [text, PDF] by the US Court of Appeals for the Fourth Circuit, which held that those provisions of the … [read more]


Professional Commentary
18 Sep 2014
by Ron Fein of Free Speech for People

JURIST Guest Columnist Ron Fein, of Free Speech for People, discusses the Supreme Court's recent Hobby Lobby decision ...The Supreme Court's majority opinion [PDF] in Hobby Lobby made a serious mistake about the nature of corporate religious claims. But so did the dissent. As Hobby Lobby's case worked its way … [read more]

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