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Legal News
20 May 2014
by Jaclyn Belczyk

[JURIST] A judge for the US District Court for the Middle District of Pennsylvania [official website] on Tuesday struck down [opinion, PDF; order, PDF] Pennsylvania's ban on same-sex marriage [JURIST backgrounder]. The American Civil Liberties Union (ACLU) [advocacy website] filed the federal lawsuit [JURIST report] last July on behalf of … [read more]


Legal News
2 Apr 2014
by Daniel Mullen

[JURIST] The US Supreme Court [official website] ruled 5-4 Wednesday in McCutcheon v. FEC [SCOTUSblog backgrounder] that limits on overall campaign contributions by individual donors are unconstitutional. The court previously held in Buckley v. Valeo [opinion] that limits on contributions implicate First Amendment interests but that limits may be imposed … [read more]


Features
28 Jan 2014
by G. Redd

Legal challenges to the contraception mandate of the PPACA focus on two primary questions - what burdens do these programs create and who must bear them? There are two competing fundamental interests that the PPACA allegedly implicates: reproductive rights and religious freedom. There are evolving arguments for birth control that … [read more]


Academic Commentary
4 Nov 2013

JURIST Guest Columnist Richard Briffault of the Columbia Law School says that McCutcheon v. FEC could upend a central element of campaign finance doctrine but even if the court's judgment is less radical than that, the erosion of restrictions on the electoral role of great private wealth will likely continue … [read more]


Features
20 Jul 2013
by Zachariah Rivenbark

On January 21, 2010, the US Supreme Court issued its ruling in Citizens United v. FEC, a dispute in which the creators of a documentary unfavorable to 2008 presidential candidate Hillary Clinton challenged the prohibition on corporations making independent expenditures during campaigns. Independent expenditures consist of campaign spending that expressly … [read more]


Features
20 Jul 2013
by Zachariah Rivenbark

In addition to the legislative acts highlighted above, the Taft-Hartley Act was adopted over the veto of US President Harry S. Truman in 1947. The law was aimed at curtailing the political actions and influence of labor unions in US federal elections. Specifically, the Act amended the National Labor Relations … [read more]


Features
20 Jul 2013
by Zachariah Rivenbark

The financing of national and state elections has been a political topic in the US since the early nineteenth century. In 1828, then-candidate for the US presidency Andrew Jackson was one of the first politicians to create a campaign committee to help him raise money, secure votes, organize rallies and … [read more]


Legal News
9 Jul 2013
by Theresa Donovan

[JURIST] The American Civil Liberties Union (ACLU) [advocacy website] on Tuesday filed a federal lawsuit [press release] in Harrisburg on behalf of 21 Pennsylvania residents who wish to marry their same-sex partner or who are seeking recognition by the state of Pennsylvania of their out-of-state same-sex marriage. The complaint [text, … [read more]


Academic Commentary
25 Feb 2013

JURIST Guest Columnist Justin Levitt of the Loyola Law School says that the Supreme Court's newest campaign finance case need not signal a sea change in the Court's campaign finance doctrine...For better or worse, a professor's thoughts are never far from final exams. The best exams, I think, test students' … [read more]


Legal News
7 Jan 2013
by Julia Zebley

[JURIST] The US Supreme Court [official website] denied certiorari [order list, PDF] Monday in Sherley v. Sebelius [docket; cert. petition, PDF], which appealed a dismissal of a lawsuit [JURIST report] challenging the federal funding of human embryonic stem cell [JURIST news archive] research. The petition questioned President Barack Obama's executive … [read more]


Academic Commentary
12 Dec 2012

JURIST Guest Columnist Steven D. Schwinn of the John Marshall Law School in Chicago says that, despite recent Supreme Court campaign finance decisions, the First Amendment still leaves opportunity for reform via creative public finance systems, tighter contribution limits and increased disclosure of contributors' names...Coming off the most expensive election … [read more]


Academic Commentary
3 Dec 2012

JURIST Guest Columnist Ciara Torres-Spelliscy of the Stetson University College of Law discusses the proposed statutory and regulatory reforms that could curb the rising levels of spending by corporations in political campaigns...The US has just gone through its most expensive election ever. The projected price tag for the 2012 federal … [read more]


Academic Commentary
3 Nov 2012

JURIST Guest Columnist Victor Williams of the Catholic University of America Columbus School of Law says that the US presidential election system contains flaws which may ultimately make it more difficult for the federal government to responsibly resolve the upcoming "fiscal cliff" in the national budget... It is time again … [read more]


Student Commentary
3 Nov 2012

JURIST Guest Columnist Danielle Rudisill, Stetson University College of Law Class of 2013, argues for increased regulation regarding campaign finances...While the US Supreme Court has ruled a number of times that contributions to political parties can be constitutionally censored, perhaps the Court should look at the policy concerns that arise … [read more]


Legal News
20 Apr 2012
by Jaimie Cremeans

[JURIST] The Alabama House of Representatives [official website] on Thursday passed changes to the state's immigration law [HB 56, PDF], said to be one of the toughest in the nation. The revised bill, passed 64-34 [Reuters report], comes in response to litigation filed since the legislation was originally passed last … [read more]


Legal News
14 Mar 2012
by Dan Taglioli

[JURIST] A judge for the US District Court for the Northern District of Illinois [official website] Tuesday struck down two recently-enacted parts of the Illinois Election Code [text] designed to cap campaign contributions. Judge Marvin Aspen issued an injunction [order, PDF] against the Illinois State Board of Elections (ISBE) [official … [read more]


Legal News
11 Feb 2012
by Michael Haggerson

[JURIST] American Tradition Partnership, Montana Shooting Sports Association [advocacy websites] and Champion Painting have petitioned the US Supreme Court [official website] to reverse the decision by the Montana Supreme Court [official website] in Western Tradition Partnership, Inc. v. Montana that upheld a Montana campaign finance law [JURIST report] banning corporate … [read more]


Academic Commentary
21 Jan 2012

JURIST Guest Columnist Josh Douglas of the University of Kentucky College of Law says that the Supreme Court's opinion in Citizens United v. FEC has created a doctrine that prevents states from justifying campaign finance laws on anticorruption grounds and forces them to justify them on the grounds of transparency … [read more]


Legal News
31 Dec 2011
by Max Slater

[JURIST] The Montana Supreme Court [official website] ruled [opinion, PDF] on Friday to uphold a restriction on corporate independent expenditures related to state political campaigns and candidates. In the case, Western Tradition Partnership, Inc. v. Montana, the high court affirmed a century-old ban on corporate spending, implemented by the 1912 … [read more]


Legal News
13 Dec 2011
by Katherine Getty

[JURIST] The US Court of Appeals for the Seventh Circuit [official website] on Monday struck down [opinion, PDF] a Wisconsin law that prohibited people from donating more than $10,000 a year to political action committees (PACs). The case was brought by Wisconsin Right to Life [advocacy website] before the 2010 … [read more]

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