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Academic Commentary
29 Sep 2015
by William J. Rich of Washburn University School of Law

JURIST Guest Columnist William J. Rich, of Washburn University School of Law, discusses the conflict between branches of the Kansas government that has been intensified in the case of Solomon v. Kansas... In 2014, the Kansas legislature altered the way in which chief administrative judges are chosen, transferring selection authority … [read more]

Academic Commentary
23 Jul 2015
by Manoj Mate of Whittier Law School

JURIST Guest Columnist Manoj Mate of Whittier Law School discusses the National Judicial Appointments Council...Over the past months, the political whirlwinds surrounding efforts by Narendra Modi's BJP government to change India's judicial appointments system have given way to a storm of constitutional contestation. Since 1993, India's top judges, including the … [read more]

Academic Commentary
8 Jul 2015
by Amaury A. Reyes-Torres of Ibero-American University

JURIST Guest Columnist Amaury A. Reyes-Torres, of Ibero-American University, discusses the recent Supreme Court decision on same-sex marriage in the US... The Supreme Court of the United States ("SCOTUS") issued its anticipated opinion on Obergefell v. Hodges [PDF]. Regardless of what your view on the decision might be, Obergefell v. … [read more]

Academic Commentary
12 Jun 2015
by Victor Williams of Catholic University of America Columbus School of Law

JURIST Guest Columnist Victor Williams of Catholic University of America Columbus School of Law discusses the significance of the 800th anniversary of the Magna Carta... The Magna Carta sealed by King John on June 15, 1215 in Runnymede England is one of the world's most important legal documents. It has … [read more]

Legal News
27 Mar 2015
by Sarah Boehme

The Supreme Court of Canada [official website] ruled [judgment, PDF] Friday that the federal government does not have to relinquish its gun-registry database to Quebec. The Court's 5-4 decision affirmed [National Post report] Parliament's constitutional right over criminal law. Although three Quebec judges dissented, the majority ruled that the principle … [read more]

Academic Commentary
17 Mar 2015
by W. David Ball of Santa Clara Law

JURIST Guest Columnist W. David Ball of Santa Clara Law, discusses the legal framework behind the Nebraska and Oklahoma law suit against Colorado to invalidate Colorado's marijuana law...In December 2014, Oklahoma and Nebraska took the unusual step of filing a complaint [PDF] in the US Supreme Court asking for a … [read more]

Academic Commentary
7 Dec 2014
by Peter Hammer of Wayne State University Law School

JURIST Guest Columnist Peter J. Hammer, of Wayne State University Law School, discusses the socioeconomic disparities that gay, lesbian, bisexual and transgender individuals experience in Michigan ...In an increasing number of domains, from worker rights, to marriage inequality, to state-imposed "Emergency Managers," almost exclusively in majority-minority cities, Michigan is becoming … [read more]

Legal News
19 Nov 2014
by Brittany Felder

[JURIST] South Carolina Attorney General Alan Wilson [official profile] on Tuesday requested an emergency stay [application, PDF] postponing same-sex marriage in the state. The request comes after the US Court of Appeals for the Fourth Circuit refused to block [order, PDF] same-sex marriage in the state. Wilson requested that Chief … [read more]

Academic Commentary
28 Oct 2014
by Richard Kelsey of George Mason University School of Law

JURIST Guest Columnist Richard Kelsey, of George Mason University School of Law, discusses the Supreme Court's recent actions on same-sex marriage ...The Constitution provides no citizen of any gender or orientation a Constitutional right to marriage. The Constitution is silent on the issue of marriage. It is not mentioned, and … [read more]

Professional Commentary
29 Sep 2014
by David Glasgow of New York University School of Law Public Interest Law Center

JURIST Guest Columnist David Glasgow, a fellow at the New York University School of Law Public Interest Law Center, discusses the reasons why the Windsor decision was not based on federalism...Advocates and opponents of same-sex marriage are breathlessly waiting for news from the Supreme Court that a marriage equality case … [read more]

Student Commentary
30 Apr 2014
by Thomas Warns of New York University School of Law

JURIST Guest Columnist Thomas Warns, New York University School of Law, Class of 2015, discusses Georgia's Safe Carry Protection Act and the balance it strikes between rights to private property and self-defense...Georgia Governor Nathan Deal recently signed into law a bill which expanded the rights of licensed gun owners to … [read more]

Academic Commentary
31 Mar 2014
by Derek Muller of Pepperdine University School of Law

JURIST Guest Columnist Derek Muller of the Pepperdine University School of Law discusses the shaky legal foundations of the Tenth Circuit's recent decision in Kerr v. Hickenlooper ... A novel judicial opinion written on dubious legal grounds can serve as an empty vessel into which hopeful litigants everywhere pour hope. … [read more]

Professional Commentary
10 Mar 2014
by Walter Weber of

JURIST Guest Columnist Walter Weber criticizes the US Supreme Court for what he sees as departures from established rules of law...The Constitutional litigators are already familiar with the abortion distortion factor. As Justice O'Connor described it, "no legal rule or doctrine is safe from ad hoc nullification by this [c]ourt … [read more]

Academic Commentary
14 Feb 2014

JURIST Guest Columnist Kevin Cope of Georgetown University Law Center argues that the crisis in South Sudan suggests that the international community might consider refocusing more of its attention on the role of constitutional structure ...Experts disagree about the biggest source of the current crisis in South Sudan. They cite … [read more]

Professional Commentary
22 Jan 2014

JURIST Guest Columnists Esha Bhandari and Jennifer Sokoler, both of the Center for Reproductive Rights, discuss the recent legal challenges to a Texas abortion law...The US Supreme Court's recent order [PDF] refusing to reinstate an injunction against a Texas law restricting abortion—thereby allowing that law to go into effect—was a … [read more]

Student Commentary
21 Jan 2014

JURIST Guest Columnist John Robinson Jr., University of Utah S.J. Quinney College of Law Class of 2014 discusses the consolidated cases of EPA v. EME Homer City Generation and American Lung Association v. EME Homer City Generation, and the EPA's efforts to address cross-state air pollution...The US Supreme Court heard … [read more]

Academic Commentary
28 Dec 2013

JURIST Columnist Haider Ala Hamoudi of the University of Pittsburgh School of Law says that, as its new government matures, Iraq must address critical issues left ambiguous in the initial constitution if it desires to remain revelavant and united ... UN officials have recently reported that sectarian based execution style … [read more]

30 Oct 2013

Marijuana is labeled a Schedule I drug by the federal government under the Controlled Substances Act of 1970. Its production, distribution, possession and use are thus criminally prohibited. The drug's negative treatment from the federal government stems from the Prohibition Era, culminating in the War on Drugs. However, evolving public … [read more]

21 Jul 2013

The heated debate over same-sex marriage is one of the most polarizing issues currently facing the American legal community. It is a controversy being played out in every branch of the federal government, from the floor of the US Senate to the Oval Office. It has raised concerns over the … [read more]

20 Jul 2013

Lawsuits challenging the enforcement of ACA have argued that the law violates various portions of the Constitution, most notably the Commerce Clause (Art. 1, Section 8, Clause 3), the Tax and Spending Clause (Art. 1, Section 8, Clause 8), the Supremacy Clause (Article VI, clause 2), and the Tenth Amendment. … [read more]

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