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Academic Commentary
5 days ago
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
6 days ago
by Jeremiah Ho of University of Massachusetts School of Law

JURIST Guest Columnist Jeremiah A. Ho of the University of Massachusetts School of Law, discusses the substantial federal question underlining in Obergefell v. Hodges... Last month the US Supreme Court ruled on marriage equality in Obergefell v. Hodges and ushered in the decision that the fundamental right to marriage applies … [read more]


Legal News
15 Jul 2015
by Taylor Brailey

[JURIST] China's state media on Tuesday criticized [press release] recently-detained human rights lawyers for actions it says undermine the rule of law. The crackdown on human rights lawyers comes as part of a larger push by President Xi Jinping [BBC profile] to discredit the rights defense movement [NYT report] which … [read more]


Legal News
12 Jul 2015
by Dominic Yobbi

[JURIST] At least five Chinese lawyers from a human rights law firm were detained [press release in, Chinese] on Saturday after being accused for running a criminal syndicate and smear campaign against the Communist Party [BBC backgrounder]. The arrests come amid President Xi Jinping's [BBC profile] attempts to discredit the … [read more]


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

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]


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
25 Jun 2015
by Dominic Yobbi

[JURIST] US President Barack Obama [official website] announced [press release] Wednesday that the government will no longer threaten litigation against families of US hostages who attempt to pay ransoms for the release of their loved ones. Obama plans [NYT report] to make this change a part of a larger overhaul … [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
16 Jun 2015
by Valerie Howell

[JURIST] The US Court of Federal Claims [official website] ruled [opinion, PDF] Monday that the Federal Reserve [official website] bailout of AIG [corporate website] in 2008 exceeded its authority but did not award any damages. The suit was brought by former AIG CEO Maurice Greenberg and claimed that the Federal … [read more]


Legal News
15 Jun 2015
by Devin Montgomery

The US Supreme Court [official website] granted certiorari [order list, PDF] Monday in Dollar General v. Mississippi Band of Choctaw Indians [docket; cert. petition, PDF] on whether tribal courts can hear civil cases involving non-Indian businesses that have contractual agreements with the tribe. The case involves a sexual harassment claim … [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]


Academic Commentary
15 Jun 2015
by Diana Ginn of Schulich School of Law

JURIST Guest Columnist Diana Ginn of Schulich School of Law, Dalhousie University, discusses the debate surrounding the freedom of religion held by private and public schools in Canada with regards to curriculum...In Loyola High School and John Zucci v. Attorney General of Quebec the Supreme Court of Canada addressed the … [read more]


Legal News
14 Jun 2015
by Dominic Yobbi

[JURIST] A judge for South Africa's high court on Sunday issued an order barring Sudanese President Omar al-Bashir [BBC profile], who has an international warrant out for his arrest, from leaving the country. Bashir, who was visiting South Africa for an African Union [official website] summit, is currently wanted by … [read more]


Academic Commentary
9 Jun 2015
by Sarah Lamdan of CUNY School of Law

JURIST Guest Columnist Sarah Lamdan of the CUNY School of Law discusses the urgent need for federal agencies to reform their records management and data preservation and search functions so that they are not crippled by FOIA requests for email account data and other types of Internet generated electronic records … [read more]


Legal News
27 May 2015
by Valerie Howell

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] Tuesday in Commil USA, LLC., v. Cisco Systems, Inc. [SCOTUSblog materials] that a "good faith" belief of a patent's invalidity is not a defense to a claim of induced patent infringement under 35 USC §271(b) [text]. Commil USA, which holds … [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 Taylor Brailey

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] Monday in Coleman v. Tollefson [SCOTUSblog materials] that a dismissal of a prisoner's lawsuit that is still appealable does count as one of three allotted "strikes" that limits other suits by the prisoner. The "three-strike" provision of the Prison Litigation … [read more]


Legal News
15 May 2015
by Emelina Perez

[JURIST] The Polish government on Friday processed payments to two terror suspects currently held by the US at Guantanamo Bay. The European Court of Human Rights [official website] had imposed a Saturday deadline [AP report] on Poland to make the reparations. Last July Abu Zubaydah and Abd al-Rahim al-Nashiri were … [read more]


Legal News
15 May 2015
by Matt Belenky

[JURIST] The Supreme Court of Canada [official website] on Thursday rejected the Canadian government's bid to have former Guantanamo detainee Omar Khadr [JURIST news archive] declared an adult offender. The case concerned whether the eight-year war crimes sentence Khadr received from a US military commission in 2010 should be interpreted … [read more]


Legal News
11 May 2015
by Brittany Felder

[JURIST] The High Court of Kanartaka [official website], on Monday cleared former chief minister of Tamil Nadu, Jayalalithaa Jayaram, of all corruption charges on appeal. In the judgment [NYT report], Justice CR Kumaraswamy wrote that the lower court ruling "suffer[ed] from infirmity, and is not sustainable law." Monday's decision will … [read more]

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