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Legal News
25 Jan 2016
by Bradley McAllister

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] 6-2 Monday in favor of the Federal Energy Regulatory Commission (FERC) [official website] in the case of FERC v. EPSA [SCOTUSblog materials], upholding a 2011 rule regulating the market for wholesale demand response. Demand response is a program in which … [read more]


Academic Commentary
8 Dec 2015
by Jessica Waters of
edited by Elizabeth Dennis

JURIST Guest Columnist Jessica L. Waters of American University discusses the implications of the Supreme Court granting certiorari to hear consolidated ACA cases... In early November the United States Supreme Court granted certiorari in a group of consolidated cases challenging the applicability of the Affordable Care Act's (ACA) contraceptive mandate. … [read more]


Legal News
2 Nov 2015
by Jaclyn Belczyk

The US Supreme Court [official website] heard oral arguments [day call, PDF] on racial discrimination in the jury selection process. In Foster v. Chatman [transcript, PDF; JURIST report], the court must decide whether the "Georgia courts err[ed] in failing to recognize race discrimination ... in the extraordinary circumstances of this … [read more]


Professional Commentary
4 Aug 2015
by David A. Cortman of Alliance Defending Freedom
edited by Elizabeth Dennis

JURIST Guest Columnist David A. Cortman, senior counsel at Alliance Defending Freedom, discusses the implications of the Supreme Court decision in Reed v. Town of Gilbert... 

The government is relatively good at some things: protecting its citizens through police and fire departments, collecting and spending money (sometimes too good) and … [read more]


Professional Commentary
5 Jul 2015
by Christopher M. Kieser of Pacific Legal Foundation
edited by Cassandra Baubie

JURIST Guest Columnists Brian Hodges and Christopher Kieser discuss the recent ruling by the Supreme Court in Horne v. Department of Agriculture...On June 22 2015, the Supreme Court of the United States ruled [PDF] in favor of Fresno-area raisin farmers Marvin and Laura Horne, concluding that a program requiring raisin … [read more]


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
23 Jun 2015
by Brittany Felder

[JURIST] The US Supreme Court [official website] on Monday ruled [opinion, PDF] 6-3 in Kimble v. Marvel Entertainment [text, PDF] that patent holders still cannot charge royalties after the expiration of a patent. The decision, written by Justice Elena Kagan [offical profile], reaffirmed the court's holding in Brulotte v. Thys … [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
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
15 Jun 2015
by Jaclyn Belczyk

The US Supreme Court [official website] ruled [opinion, PDF] 8-1 Monday in Mata v. Lynch [SCOTUSblog materials] that a federal appeals court has jurisdiction to review the Board of Immigration Appeals' (BIA) rejection of an alien's motion to reopen his or her case. The US Court of Appeals for the … [read more]


Legal News
18 May 2015
by Ashley Hogan

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] Monday in City and County of SF v. Sheehan [SCOTUSblog materials] that two police officers who shot and injured a mentally disabled woman during the course of an arrest are entitled to qualified immunity from liability for the injuries suffered. … [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
22 Apr 2015
by Taylor Gillan

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] Wednesday that time limits under the Federal Tort Claims Act (FTCA) [28 USC § 2401(b)] are subject to equitable tolling. In a 5-4 vote in United States v. June and United States v. Wong [SCOTUSblog backgrounders], the justices ruled [AP … [read more]


Academic Commentary
14 Mar 2015
by Howard Wasserman of Florida International University College of Law
edited by Joseph Macklin

JURIST Guest Columnist Howard M. Wasserman, of Florida International University College of Law, discusses the First Amendment and the University of Oklahoma's decision to expel fraternity members that used racially insensitive language ... The First Amendment, Justice Holmes wrote in US v. Schwimmer, protects "not free thought for those who … [read more]


Features
7 Feb 2015
by Vanessa Griffith

The debate over the legalization of same-sex marriage was long one of the most polarizing issues [JURIST op-ed] 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]


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]


Legal News
9 Dec 2014
by Jaclyn Belczyk

The US Supreme Court [official website] ruled [opinion, PDF] Tuesday in Integrity Staffing Solutions, Inc. v. Busk [SCOTUSblog backgrounder] that employees are not entitled to overtime pay for the time spent waiting for and undergoing post-shift security screening procedures. The plaintiffs are warehouse workers at various sorting facilities connected to … [read more]

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