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Academic Commentary
15 Jan 2015
by Caitlin Borgmann of CUNY Law School

JURIST Guest Columnist Caitlin Borgmann of the City University of New York School of Law, discusses recent circuit court decisions addressing state abortion laws and predicts that one of the decisions may reach the US Supreme Court...Federal Courts of Appeals have recently addressed two important abortion cases, either of which … [read more]


Legal News
10 Apr 2014
by Theresa Donovan

[JURIST] Italy's Constitutional Court [official website, in Italian] on Wednesday struck down provisions set forth in Law 40 [text, in Italian] that prohibited the use of donor sperm and eggs in fertility treatments. The court reported [Reuters report] that the restrictions breached the country's constitution. This provision joins other portions … [read more]


Legal News
12 Feb 2013
by Julie Deisher-Edwards

[JURIST] The European Court of Human Rights (ECHR) [official website] on Monday refused to reconsider an August ruling [judgment, in French] that Italy's ban on screening embryos for diseases before they are implanted in a womb violates parents' rights. The court found that this provision of Law 40 [text, in … [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]


Legal News
13 Dec 2012
by Dan Taglioli

[JURIST] A court in Florence on Wednesday struck down Law 40 [text, PDF, in Italian], Italy's nationwide ban on the use of embryos for scientific purposes. The panel of judges ruled that the law is an unconstitutional violation of fundamental rights regarding health [ANSA report] and the freedom of research. … [read more]


Legal News
30 Nov 2012
by Brandon Gatto

[JURIST] The Italian government on Wednesday announced that it has appealed a recent decision [judgment, in French] by the European Court of Human Rights (ECHR) [official website] that the country violated the rights of a couple with cystic fibrosis by preventing them from screening in vitro fertilization (IVF) embryos. The … [read more]


Legal News
29 Aug 2012
by Keith Herting

[JURIST] The European Court of Human Rights (ECHR) [official website] ruled [judgment, in French] Tuesday that Italy's ban on embryonic screening is a violation of human rights. According to a press release issued by the court, the ban is a violation of Article 8 of the European Convention on Human … [read more]


Legal News
24 Aug 2012
by Dan Taglioli

[JURIST] The US Court of Appeals for the District of Columbia Circuit [official website] on Friday rejected an appeal [opinion, PDF] of a lower court decision that dismissed a challenge to federal funding of human embryonic stem cell [JURIST news archive] research. The three-judge panel found no error in the … [read more]


Academic Commentary
26 May 2012

JURIST Guest Columnist Margaret Riley of the University of Virginia School of Law says that a recent district court decision requiring the FDA to begin proceedings to ban the agricultural use of certain antibiotics may be a welcome opportunity to reexamine the regulatory response to the risk of antibiotic resistance … [read more]


Academic Commentary
17 Nov 2011

JURIST Guest Columnist Ed Goldman of the University of Michigan says that fetal personhood laws, which would declare a fetus to be a person from the time of conception, would have a wide range of consequences for women's medical care, stem cell research, and the availability of contraception...In Roe v. … [read more]


Academic Commentary
7 Nov 2011

JURIST Guest Columnist Jonathan Will of Mississippi College School of Law says establishing pre-embryonic personhood may still fail to outlaw abortion and may lead to the imposition of restrictions on other reproductive choices such as certain forms of birth control... On November 8, 2011, citizens of Mississippi will pass judgment … [read more]


Legal News
18 Oct 2011
by Jennie Ryan

[JURIST] The European Court of Justice (ECJ) [official website] on Tuesday ruled [materials] that, under European law, a patent cannot be issued for any process which involves removing a stem cell [JURIST news archive] from and then destroying a human embryo. The case stems from a German patent filed by … [read more]


Legal News
27 Jul 2011
by Julia Zebley

[JURIST] The US District Court for the District of Columbia [official website] on Wednesday dismissed [opinion, PDF] an appeal attempting to overturn April's decision [text, PDF; JURIST report] that ended an injunction [JURIST reports] on federal funding of embryonic stem cell [JURIST archive] research. The initial suit, brought by two … [read more]


Academic Commentary
6 May 2011

JURIST Guest Columnist Caitlin Borgmann of the City University of New York School of Law says the new wave of anti-abortion legislation in Congress and state legislatures is aimed at pushing the limits of the current constitutional framework and prompting its abandonment... The scores of anti-abortion bills pending and passing … [read more]


Legal News
29 Apr 2011
by LaToya Sawyer

[JURIST] The US Appeals Court for the District of Columbia Circuit [official website] on Friday overturned [opinion, PDF] last year's ruling that placed a preliminary injunction [text, PDF, JURIST report] on federal funding of embryonic stem cell [JURIST archive] research. In a 2-1 vote by a three-judge panel, the … [read more]


Legal News
23 Dec 2010
by Ashley Hileman

[JURIST] The Supreme Court of Canada [official website] ruled [judgment text] 4-4-1 Wednesday that various sections of the national law regulating the use of human embryos and other aspects of reproduction fall outside the scope of Parliament's legislative authority. In its advisory opinion [Ottawa Sun report], the divided court held … [read more]


Academic Commentary
11 Oct 2010

JURIST Special Guest Columnist Saroop Ijaz, an advocate before the Lahore High Court in Pakistan, says that the country's courts should more often limit themselves to issues brought before them, so that the other branches of government and the people of the Pakistan may first have the opportunity to grapple … [read more]


Legal News
29 Sep 2010
by Ann Riley

[JURIST] The US Court of Appeals for the District of Columbia Circuit [official website] granted a stay [text, PDF] Tuesday allowing federal funding for stem cell research [JURIST news archive] to continue pending a full appeal. After hearing oral arguments on Monday, the three-judge panel dissolved the temporary stay [order, … [read more]


Legal News
9 Sep 2010
by Zach Zagger

[JURIST] The US Court of Appeals for the District of Columbia Circuit granted the Obama administration's request for an emergency stay [order, PDF] Thursday, lifting the ban on stem cell research [JURIST news archive]. The Obama administration sought the stay Wednesday after Judge Royce Lamberth of the US District Court … [read more]


Legal News
8 Sep 2010
by Ann Riley

[JURIST] A judge for the US District Court for the District of Columbia [official website] on Tuesday denied [order, PDF] a motion to stay a preliminary injunction [order, PDF; JURIST report] issued in August barring government funding of stem cell research [JURIST news archive]. Chief Judge Royce Lamberth had granted … [read more]

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