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Academic Commentary
1 Aug 2015
by Peter J. Hammer of Wayne State University Law School
edited by Cassandra Baubie

JURIST Guest Columnist Peter Hammer, of Wayne State University Law School, discusses the controversy surrounding Caitlyn Jenner and rights for transgender individuals...Please call me by my true names, so I can wake up, and so the door of my heart can be left open, the door of compassion. Call Me … [read more]

Legal News
6 Nov 2014
by Julie Deisher-Edwards

[JURIST] Nevada citizens on Tuesday voted to approve the creation of an appellate court in Nevada [amendment text]. Previously, the state's 10 district courts could hear appeals from municipal and justice courts, but the Nevada Supreme Court [official website] was required to hear appeals from cases originating in district courts, … [read more]

Legal News
5 Nov 2014
by Addison Morris

[JURIST] Abortion measures were on the ballot across the country as Tennessee's Amendment 1, Colorado's Amendment 67, and North Dakota's Measure 1 [texts] went before voters during Tuesday's midterm elections. Tennessee's new amendment grants stronger power to lawmakers to regulate abortions, clarifying that the right to an abortion is neither … [read more]

Student Commentary
3 Sep 2013

JURIST Guest Columnist Nicholas Caselli, University of Chicago Law School Class of 2015, discusses the circuit split created by Conestoga Wood Specialties Corp v. Sebelius and argues that the right of corporations to impose their religious beliefs was correctly denied..."For-profit, secular corporations cannot engage in religious exercise." With this sentence, … [read more]

20 Jul 2013
by Zachariah Rivenbark

Since Roe, states have reacted in a variety of ways, with most states seeking to limit the availability of abortion. These restrictions have taken various forms, including placing limits based on the gestational age of the fetus, adding informed consent requirements, and placing stricter limitations on minors seeking abortions. Gestational … [read more]

Legal News
26 Jun 2013
by Jaclyn Belczyk

[JURIST] The US Supreme Court [official website] ruled in two landmark same-sex marriage [JURIST backgrounder] cases Wednesday. In United States v. Windsor [SCOTUSblog backgrounder], the court ruled [opinion, PDF] 5-4 that Section 3 of the federal Defense of Marriage Act (DOMA) [text; JURIST news archive] is unconstitutional. Under DOMA, couples … [read more]

Academic Commentary
15 May 2013

JURIST Guest Columnist LaJuana Davis of the Cumberland School of Law evaluates the implications of legislative efforts in Alabama and other states to restrict access to abortions...Alabama's recent passage of the Women's Health and Safety Act joins a wave of state abortion reform laws requiring abortion clinics to meet the … [read more]

Legal News
23 Mar 2013
by Max Slater

[JURIST] The North Dakota House of Representatives [official website] approved legislation on Friday that bans abortion by defining life as beginning at conception. The legislation, known as the personhood measure, passed by a vote of 57-35 [AP report]. The North Dakota Senate approved the measure in February. To become law, … [read more]

Student Commentary
6 Nov 2012

JURIST Guest Columnist, Matthew Skeen, University of Colorado Law School Class of 2013, argues that states have attempted to resist a constitutional interpretation regarding campaign finance through state-level legislation...This election cycle, independent groups have spent $675 million to support the campaigns of their chosen candidates. Putting aside the impacts of … [read more]

Legal News
30 Oct 2012
by Cynthia Miley

[JURIST] The US Supreme Court [official website] on Monday denied certiorari [order list, PDF] on a case dealing with a proposed ballot initiative [text, PDF] to amend the Oklahoma constitution [text] by defining a fertilized egg as a person. The Supreme Court of Oklahoma [official website] had unanimously ruled [opinion, … [read more]

Legal News
12 Aug 2012
by Jaimie Cremeans

[JURIST] A judge for Australia's Queensland District Court [official website] has, for the first time in Australian jurisprudence, defined the term "conception" as the act of getting pregnant. Judge Leanne Clare defined "conception" [attorney blog post] Wednesday as "the commencement of the pregnancy, which involves an active process within a … [read more]

Legal News
11 Aug 2012
by Brandon Gatto

[JURIST] The Supreme Court of Montana [official website] on Friday ruled [decision, PDF] that its state's November ballots may include Initiative 166 [text, PDF], a nonbinding policy statement that would direct the state's congress to support an amendment to the US Constitution [text] asserting that corporations are not people and … [read more]

Legal News
30 Jul 2012
by Dan Taglioli

[JURIST] An anti-abortion group appealed to the US Supreme Court [official website] on Monday in an attempt to reinstate an Oklahoma ballot initiative to establish legal rights for embryos. Personhood USA [advocacy website] had originally tried to gather enough petition signatures to put the "personhood" issue on Oklahoma's November election … [read more]

Legal News
1 May 2012
by Brandon Gatto

[JURIST] The Supreme Court of Oklahoma [official website] on Monday ruled [opinion] that granting "personhood" rights to human embryos is unconstitutional, thus derailing a proposed ballot initiative [text, PDF] to amend the state's constitution by defining a fertilized egg as a person. Finding the initiative "void on its face," Oklahoma's … [read more]

Professional Commentary
23 Apr 2012

JURIST Guest Columnists Michael Bochenek, Director of Law & Policy for the International Secretariat of Amnesty International, and Kyle Knight, a Fulbright Scholar, say that Nepal's recognition of a third gender is an important fundamental right and the key to ensuring other fundamental rights for transgender individuals and those with … [read more]

Legal News
30 Mar 2012
by Matthew Pomy

[JURIST] Six Oklahoma voters, along with women's healthcare providers and religious groups, filed a lawsuit [text, PDF] Thursday against an Oklahoma ballot initiative [text, PDF] that would amend the state constitution to redefine "personhood." The amendment would confer "personhood" rights to embryos at the "beginning of biological development." If the … [read more]

Legal News
23 Feb 2012
by Katherine Getty

[JURIST] The Virginia House of Delegates [official website] passed a watered-down version of a controversial ultrasound [JURIST news archive] bill [SB 484] Wednesday, which requires women seeking an abortion have a transabdomenal ultrasound before going through with the procedure. The bill differs from the controversial one passed by the Senate … [read more]

Legal News
16 Feb 2012
by Rebecca DiLeonardo

[JURIST] The Oklahoma Senate [official website] on Wednesday voted to pass a bill [SB 1433 text; materials] that defines life as beginning at the moment of conception. The bill passed 34-8 and will advance to the State House for consideration. If passed, the bill would effectively ban abortions [JURIST news … [read more]

Legal News
15 Feb 2012
by Katherine Getty

[JURIST] The Virginia House of Delegates [official website] passed a bill [HB 1text, PDF; materials] Tuesday that defines life as beginning at conception. The bill passed 66-32 [floor vote] moving the state toward banning abortion [JURIST news archive]. The bill, introduced by Rep. Bob Marshall (R) [official website], says: "Life … [read more]

Academic Commentary
24 Jan 2012

JURIST Guest Columnist Mary Ziegler of Saint Louis University School of Law says that a recent decision by Fifth Circuit gives broad support for laws requiring physicians to provide certain information to patients requesting an abortion, and that this represents a shift in the debate over abortion rights from discussions … [read more]

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