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Professional Commentary
8 May 2015
by Mark Allenbaugh of Allenbaugh Law

JURIST Guest Columnists Alan Ellis and Mark H. Allenbaugh, discuss the US Sentencing Commission votes for fundamental fixes to the US Sentencing Guidelines ... On April 9, 2015, the US Sentencing Commission voted to fundamentally fix some portions of the US Sentencing Guidelines that have been in need of addressing … [read more]


Legal News
24 Mar 2015
by Addison Morris

[JURIST] The US Supreme Court [official website] their ruled [opinion, PDF] Tuesday in Omnicare, Inc. v. Laborers Dist. Council Constr. Industry Pension Fund [SCOTUSblog backgrounder] that a statement of opinion does not qualify as an "untrue statement" even if the opinion ultimately turns out to be incorrect. The federal government … [read more]


Legal News
20 Jan 2015
by Bradley McAllister

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] 7-2 Tuesday that appellate review of factual matters in a patent dispute must apply the clear error standard of review, not a de novo standard. In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. [docket], the court held that the US … [read more]


Legal News
3 Nov 2014
by Jaclyn Belczyk

[JURIST] The US Supreme Court [official website] heard oral arguments [day call, PDF] Monday on the constitutionality of a federal statute requiring the Secretary of State, on request, to endorse passports of US citizens born in Jerusalem with "Israel" as the place of birth. In Zivotofsky v. Kerry [transcript, PDF; … [read more]


Academic Commentary
20 Oct 2014
by Stefan Kirchner of University of Lapland

JURIST Guest Columnist Stefan Kirchner, of the University of Lapland in Finland, discusses the possibility of global discrimination during the ongoing Ebola outbreak ...The current Ebola outbreak has lead to discrimination against those infected with Ebola as well as against health care workers caring for those infected or suspected of … [read more]


Legal News
16 Oct 2014
by Bradley McAllister

[JURIST] The US Supreme Court [official website] heard oral arguments on Wednesday in two cases fraught with procedural issues. In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. [SCOTUSblog backgrounder; transcript, PDF] the court must decide whether to allow the US Court of Appeals for the Federal Circuit [official website] to … [read more]


Student Commentary
31 Jul 2014
by Susan Schneider of Syracuse University College of Law

JURIST Guest Columnist Susan Schneider, Syracuse University College of Law, Class of 2015, explores criticisms of the DSM-5 after the US Supreme Court used it as the sole national standard to define intellectual disability in Hall v. Florida...In its 2002 decision Atkins v. Virginia, the US Supreme Court declared … [read more]


Student Commentary
1 Jun 2014
by Kimberly Newberry of Harvard Law School

JURIST Guest Columnist Kimberly Newberry, Harvard Law School Class of 2014, clarifies the current policy surrounding lethal injection law in Oklahoma and explores the repercussions of such a policy...On April 29, 2014, the State of Oklahoma forced Clayton Lockett to have a heart attack during a botched lethal injection. At … [read more]


Legal News
24 Apr 2014
by Kimberly Bennett

[JURIST] The Supreme Court of Oklahoma [official website] ruled [opinion, PDF] Wednesday that two inmates' constitutional rights were not violated by keeping sources of lethal injection drugs secret. The 5-4 opinion affirmed [AP report] the district court's declaratory judgment that denied the prisoners relief and reversed the declaratory judgment that … [read more]


Professional Commentary
23 Apr 2014
by Eric Lasker of Hollingsworth LLP

JURIST Guest Columnist Eric Lasker of Hollingsworth LLP discusses standing and City of New York v. Exxon Mobil Corp.... It is a fundamental tenet of our constitutional system of justice that courts are limited in jurisdiction to cases or controversies involving injuries that are "concrete, particularized and actual or imminent." … [read more]


Legal News
19 Apr 2014
by Matthew Pomy

[JURIST] US Supreme Court [official website] Chief Justice John Roberts denied [text, PDF] the request of Teva Pharmaceuticals USA [corporate website] for a stay on the lower court ruling. The appeals court's ruling made Teva's Copaxone drug available to be produced in a generic form [opinion]. Teva sought to have … [read more]


Student Commentary
7 Apr 2014
by Kristen Swift of Widener University School of Law

JURIST Guest Columnist Kristen Swift, Widener University School of Law Class of 2014, discusses Merck & Co.'s NuvaRing settlement and the company's corporate governance policies...Recently, Merck & Co. made a major splash across headlines by offering NuvaRing plaintiff's a $100 million dollar settlement proposal. Is this settlement offer reflective of … [read more]


Legal News
5 Apr 2014
by Matthew Pomy

[JURIST] On Thursday a federal judge for the US District Court for the Western District of Missouri [official website] ordered [text, PDF] that a lawsuit [complaint, PDF] filed by the American Civil Liberties Union (ACLU) [advocacy website] may continue, despite the state's objection. The lawsuit is challenging a bill intended … [read more]


Legal News
31 Mar 2014
by Addison Morris

[JURIST] The US Supreme Court [official website] on Monday granted certiorari [order list, PDF] in Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. [docket] to determine how the US Court of Appeals for the Federal Circuit is to interpret claims in a patent appeal. Federal appeals courts traditionally review a district … [read more]


Student Commentary
26 Mar 2014
by Avigail Goldglancz of St. John's University School of Law

JURIST Guest Columnist Avigail Goldglancz, St. John's University School of Law, Class of 2014, is the author of the eighth article in a 10-part series from the staffers of the Journal of Civil Rights and Economic Development. Goldglancz discusses the current institutional barriers facing women attempting to receive the free … [read more]


Student Commentary
22 Mar 2014
by Melissa Brumer of Fordham University School of Law

JURIST Guest Columnist Melissa Brumer Fordham University School of Law Class of 2015, discusses the differences in settlement amounts between recent contraceptive lawsuits and argues that Merck may be getting out much more cheaply than its competitors...On Friday, February 7, 2014, Merck & Co., Inc. (Merck) announced its agreement to … [read more]


Legal News
20 Mar 2014
by Theresa Donovan

[JURIST] The Oklahoma Court of Criminal Appeals [official website] on Tuesday ruled [order, PDF] that two inmate executions scheduled for March 20 and March 27 must be delayed for at least a month so that the state may have additional time to either procure the appropriate execution drugs or to … [read more]


Student Commentary
5 Mar 2014
by Tara Pakrouh of Widener University School of Law

JURIST Guest Columnist Tara Pakrouh, Widener University School of Law Class of 2015, discusses Merck & Co.'s $100 million settlement concerning the corporation's NuvaRing contraceptive device, the board's liability and the fiduciary duties it owes to its shareholders...In a December 2000 email to his colleagues, the Director of US Reproductive … [read more]


Legal News
3 Mar 2014
by Benjamin Minegar

[JURIST] The US Supreme Court [official website] on Monday granted certiorari [order list, PDF] in five cases slated for argument during the October 2014 term. In Integrity Staffing Solutions v. Busk [SCOTUSblog backgrounder], the court will address whether time spent passing through post-work security screenings is compensable in the form … [read more]


Legal News
19 Feb 2014
by Elizabeth LaForgia

[JURIST] An Oklahoma compounding pharmacy has agreed on to not provide a drug necessary to execute a Missouri inmate who has filed a suit arguing that the drug could cause severe and inhumane pain, but state officials said they would still proceed with the execution. US District Judge Terence Kern … [read more]

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