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Academic Commentary
1 Jul 2015
by Lawrence Friedman of New England School of Law

JURIST Guest Columnist Lawrence Friedman of New England Law | Boston discusses how the 2015 Kansas bill is a no-win situation for the people of Kansas... Constitutional litigation is, in a sense, politics by other means. Advocates of individual rights look to judges to be their knights, guardians against legislative … [read more]


Legal News
15 Jun 2015
by Jaclyn Belczyk

The US Supreme Court [official website] on Monday denied certiorari [order list, PDF] in Walker-McGill v. Stuart [docket; cert. petition, PDF], letting stand a decision blocking North Carolina's abortion ultrasound requirement. The US Court of Appeals for the Fourth Circuit [official website] in December affirmed [JURIST report] a lower court … [read more]


Academic Commentary
3 Jun 2015
by Amaury A. Reyes-Torres of Iberoamerican University

JURIST Guest Columnist Amaury A. Reyes-Torres, of Iberoamerican University in the Dominican Republic, discusses the constitutional questions the US Supreme Court justices are facing when deciding same sex marriage cases ... The case for equal marriage is the case of Constitution, tradition and time. We witnessed during the oral arguments … [read more]


Legal News
1 May 2015
by Steven Wildberger

[JURIST] The US Court of Appeals for the Ninth Circuit [official website] on Thursday upheld [opinion, PDF] a Santa Monica, California, city ordinance [municipal code] prohibiting unattended exhibits in Palisades Park, deciding against the Santa Monica Nativity Scenes Committee [advocacy website]. The committee had been granted a "winter display" exception … [read more]


Legal News
29 Apr 2015
by Jaclyn Belczyk

The US Supreme Court [official website] heard oral arguments [day call, PDF] in two cases Wednesday. In Glossip v. Gross [transcript, PDF] the court heard arguments on whether Oklahoma's lethal injection protocol is unconstitutional under the Eighth Amendment [text]. The case originated when four death row inmates filed a complaint … [read more]


Legal News
29 Apr 2015
by Jaclyn Belczyk

The US Supreme Court [official website] ruled [opinion, PDF] 5-4 Wednesday in Williams-Yulee v. The Florida Bar [SCOTUSblog materials] that states may ban judicial candidates from personally soliciting campaign donations. In an opinion by Chief Justice John Roberts, the court found that such restrictions do not violate the First Amendment … [read more]


Legal News
27 Apr 2015
by Kimberly Bennett

[JURIST] The US Supreme Court [official website] heard oral arguments [day call, PDF] on Monday in Kingsley v. Hendrickson [SCOTUSblog backgrounder] over whether excessive-force claims brought by pre-trial detainees should be governed by the standard applicable to free people on the street, or instead by a standard like the one … [read more]


Legal News
22 Apr 2015
by Jaclyn Belczyk

The US Supreme Court [official website] heard oral arguments [day call, PDF] Wednesday in Horne v. Department of Agriculture [transcript, PDF] over a government program that requires California raisin farmers to turn over a portion of their crop. The Agricultural Marketing Agreement Act of 1937 (AMAA) and the California Raisin … [read more]


Legal News
18 Apr 2015
by Taylor Brailey

[JURIST] Oklahoma Governor Mary Fallin [official website] on Friday signed into law a bill [HB 1879, PDF] that allows for the use of nitrogen gas in executions if lethal injection is ruled unconstitutional by the US Supreme Court [official website], or if the drugs become unavailable. Under this new method, … [read more]


Legal News
16 Apr 2015
by Alison Sacriponte

[JURIST] Alabama and 12 other states filed an amicus brief [text, PDF; press release] with the US Supreme Court [official website] on Wednesday in support of the three-drug combination being used in Oklahoma for executions. Lethal injection executions in many states have been put on hold until the Supreme Court … [read more]


Legal News
12 Apr 2015
by Dominic Yobbi

[JURIST] The Kenyan government announced on Sunday that it asked the UN Refugee Agency [official website] to repatriate hundreds of thousands of Somali refugees by July. The request comes in the wake of the Garissa University massacre, an attack [JURIST report] by Shebab insurgents that left nearly 150 dead. A … [read more]


Legal News
10 Apr 2015
by Matt Belenky

[JURIST] The Oklahoma state senate [official website] passed a bill [HB 1879, PDF] on Thursday that would allow for the use of nitrogen gas in executions if lethal injection is ruled unconstitutional by the US Supreme Court [official website], or if the drugs become unavailable. If signed by Governor Mary … [read more]


Legal News
8 Apr 2015
by Taylor Gillan

[JURIST] The US Court of Appeals for the Eighth Circuit [official website] ruled [opinion, PDF] Tuesday that Hustler magazine publisher Larry Flynt may join a lawsuit that seeks to compel the state of Missouri to unseal details on its execution methods. This decision reverses [AP report] a lower court ruling … [read more]


Legal News
7 Apr 2015
by Addison Morris

[JURIST] A judge for the US District Court for the Eastern District of Michigan [official website] ruled [opinion, PDF] Monday that some requirements of the 1994 Michigan Sex Offenders Registration Act [text] are so vague that they are unconstitutional. One of these is the requirement that convicted sex offenders stay … [read more]


Legal News
30 Mar 2015
by Addison Morris

[JURIST] The US Supreme Court [official website] on Monday granted certiorari [order list, PDF] in two cases titled Kansas v. Carr [SCOTUSblog backgrounder], consolidating them for oral argument. These cases examine whether the Eighth Amendment [text] right to an "individualized sentencing" was violated by the decision not to sever the … [read more]


Legal News
23 Mar 2015
by Addison Morris

[JURIST] The US Supreme Court [official website] granted certiorari [order list, PDF] in two cases on Monday. In Montgomery v Louisiana [docket], the court was asked [cert. petition, PDF] to determine whether, in light of Miller v. Alabama [docket; JURIST report], collateral review is due retroactively to those sentenced to … [read more]


Legal News
21 Mar 2015
by Taylor Brailey

[JURIST] A judge for the US District Court for the Western District of Wisconsin [official website] ruled [opinion, PDF] Friday that a state law requiring doctors performing abortions to have privileges to admit patients to a nearby hospital is unconstitutional. Planned Parenthood and Affiliated Medical Services [advocacy websites] sued the … [read more]


Legal News
17 Mar 2015
by Alexandra Farone

[JURIST] Judge Callie Granade of the US District Court for the Southern District of Alabama [official website] on Monday refused to stay [order] her order to a probate judge that he must begin issuing marriage licenses to same-sex couples. This new order states that the Probate Court of Mobile County … [read more]


Legal News
12 Mar 2015
by Taylor Brailey

[JURIST] Rights groups on Tuesday filed a lawsuit [complaint, PDF] in the US District Court for the District of Maryland [official website] against the National Security Agency (NSA) [official website] alleging that one of the NSA's mass surveillance programs violates privacy rights and threatens free communication. The plaintiffs, including the … [read more]


Legal News
7 Mar 2015
by Taylor Brailey

[JURIST] Alliance Defending Freedom (ADF) [advocacy website] on Friday said it is considering appealing [press release] a ruling [opinion, PDF] by the US District Court for the Western District of Pennsylvania [official website], which upheld a Pittsburgh Ordinance [PDF, Ordinance No. 49] that imposes a 15-foot buffer zone restricting free … [read more]

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