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Academic Commentary
13 Jan 2016
by Robert A. Sedler of Wayne State University
edited by Dave Rodkey

JURIST Guest Columnist Robert A. Sedler of Wayne State University Law School discusses the validity of censoring disparaging trademarks...The Constitution changes everything. When the US Patent and Trademark Office (USPTO) refused to register as a trademark the name of an Asian-American rock band, The Slants [official site], on the ground … [read more]


Legal News
23 Dec 2015
by Jaclyn Belczyk

Colombian President Juan Manuel Santos on Tuesday signed a decree fully legalizing medical marijuana [press release, in Spanish] in the country. Santos said the new regulations, which make it legal to grow, process, import and export marijuana for medical and scientific use, would put Colombia "at the forefront in the … [read more]


Student Commentary
25 Nov 2015
by Xiaoying Zhang of University of Pittsburgh School of Law
edited by Marisa Rodrigues

JURIST Guest Columnist Xiaoying Zhang of the University of Pittsburgh, School of Law discusses how patent ownership disclosure should be regulated... On June 4, 2013, the White House issued five executive actions designed to increase the transparency of the patent system, ensure the highest-quality patents, reduce abusive patent litigation and … [read more]


Academic Commentary
17 Nov 2015
by James G. Hodge of Sandra Day O'Connor College of Law
edited by Marisa Rodrigues

JURIST Guest Columnists James G. Hodge Jr. of the Sandra Day O'Connor College of Law at Arizona State University and Doug Campos-Outcalt of the University of Arizona College of Medicine-Phoenix discuss the potential to legally limit anti-vaccination messages widely disseminated by political candidates...Heard enough about the potential for childhood vaccines … [read more]


Academic Commentary
1 Nov 2015
by Sallie Thieme Sanford of University of Washington
edited by Marisa Rodrigues

JURIST Guest Columnist Sallie Thieme Sanford of University of Washington School of Law discusses the birth and growth of Medicare and Medicaid. She argues that in this, their 50th year, health care's fraternal twins are coming more to resemble each other, with Medicaid adopting some of the characteristics of its … [read more]


Legal News
25 Aug 2015
by Steven Wildberger

[JURIST] The US Court of Appeals for the Third Circuit [official website] on Monday upheld [opinion, PDF] a ruling against defendant Wyndham Worldwide Corporation, essentially granting the Federal Trade Commission (FTC) [official websites] the power to regulate corporate cybersecurity. In 2012, the FTC filed suit against Wyndham in the US … [read more]


Professional Commentary
8 May 2015
by Mark Allenbaugh of Allenbaugh Law
edited by Yuxin Jiang

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
edited by Michael Finley

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
edited by Michael Finley

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
edited by Elizabeth Hand

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
edited by Jason Kellam

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
edited by Endia Vereen

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]

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