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Professional Commentary
30 Mar 2015
by Roxane Peyser of Law Office of Roxane Peyser
edited by Josh Guckert

JURIST Guest Columnist Roxane Peyser of the Law Office of Roxane Peyser in Lyons, Colorado discusses the issues in question concerning challenges to Colorado's legalization of marijuana...The requirement that a plaintiff have standing is derived from Article III of the Constitution, limiting federal courts to adjudicate actual cases and controversies. … [read more]

Academic Commentary
6 Jan 2014

JURIST Guest Columnist Victor Williams of The Catholic University of America Columbus School of Law argues that the recent legal challenge to President Obama's recess appointments to the National Labor Relations Board is a political question that should not be determined by the court but instead reversed on justiciability grounds … [read more]

20 Jul 2013
by Zachariah Rivenbark

The Supreme Court took up the issue of affirmative action in June 2003, when the high court decided the twin cases of Grutter v. Bollinger and Gratz v. Bollinger. Both cases involved the University of Michigan at Ann Arbor. The separate cases produced separate results for the undergraduate school and … [read more]

Legal News
17 Jun 2013
by Jaclyn Belczyk

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] 5-4 Monday in Alleyne v. United States [SCOTUSblog backgrounder] that any fact that increases the mandatory minimum sentence is an "element" that must be submitted to the jury, overruling its 2002 decision in Harris v. United States [opinion]. Harris was … [read more]

Student Commentary
17 May 2013

JURIST Associate Editor Fangxing Li, University of Pittsburgh School of Law Class of 2014, explores the upcoming US Supreme Court decision on affirmative action policies in institutions of higher education and argues that these policies harm rather than help diversity in schools that employ those policies...In March, the US Supreme … [read more]

Legal News
15 Jan 2013
by Jaclyn Belczyk

[JURIST] The US Supreme Court [official website] heard oral arguments [day call, PDF] Monday in two cases [JURIST report]. In Alleyne v. United States [transcript, PDF], the court heard arguments on whether to overturn Harris v. United States [opinion]. Harris was a 5-4 splintered opinion that allowed a judge to … [read more]

Legal News
9 Oct 2012
by Julia Zebley

[JURIST] The US Supreme Court [official website] on Friday granted seven new cases [order list, PDF]. In Bowman v. Monsanto Co. [docket; cert petition, PDF], the court will review the scope of a Monsanto [corporate website; JURIST news archive] patent [text] on genetically-modified seeds that utilizes Roundup Ready [official profile] … [read more]

Student Commentary
18 May 2012

JURIST Associate Editor James Craig, University of Pittsburgh School of Law Class of 2014, discusses the history of affirmative action and argues that recent studies and case law have left affirmative action with an uncertain future...(His opinions are not intended to represent those of JURIST)In February 2012, the US Supreme … [read more]

Academic Commentary
21 Apr 2012

JURIST Guest Columnist Nicole Huberfeld of the University of Kentucky College of Law says that the oral arguments made before the Supreme Court regarding the Medicaid expansion of health care reform evidence a troubling lack of understanding of the Court's prior decisions in this area...Medicaid remains the black sheep of … [read more]

Academic Commentary
11 Apr 2012

JURIST Guest Columnist Christopher Slobogin of Vanderbilt University Law School says that a set of new guidelines for the National Counterrorism Center's use of information contains provisions which are troubling from a privacy standpoint, and should be modified to require more congressional oversight...The US Department of Justice (DOJ) recently issued … [read more]

Academic Commentary
5 Apr 2012

JURIST Guest Columnist Craig Jackson of Texas Southern University Thurgood Marshall School of Law says that the criticism of recent comments by President Obama on the role of judicial review in the health care litigation have been unduly harsh...Did I miss something? Joe Scarborough begins my Tuesday morning with a … [read more]

Student Commentary
21 Feb 2012

JURIST Senior Editor Edward SanFilippo, University of Pittsburgh School of Law Class of 2013, discusses how Pennsylvania House Resolution 535 reveals an underlying tension between the Establishment Clause and free speech... (His opinions are not intended to represent those of JURIST)On January 23, 2012, the Pennsylvania General Assembly unanimously passed … [read more]

Student Commentary
6 Feb 2012

JURIST Guest Columnist Robert Borrelle, Syracuse University College of Law Class of 2013, works in the Disability Rights Clinic at Syracuse University. He argues that the current medical model of disability used in the US legal system should be rejected in order to further societal and legal recognition of Disability … [read more]

Academic Commentary
18 Mar 2011

JURIST Guest Columnist Sherrilyn Ifill of the University of Maryland School of Law says in light of recent events casting doubt on certain supreme court justices' political biases that a major overhaul of Supreme Court recusal practice is in order.... If there's a perception that partisan politics has infected our … [read more]

Academic Commentary
21 Jul 2010

JURIST Guest Columnist Bruce Miller of Western New England College School of Law says that the decision of a moderately liberal federal judge that the application of the Defense of Marriage Act in Massachusetts is unconstitutional on federalism grounds is unsurprising... On July 8, Judge Joseph Tauro of the U. … [read more]

Academic Commentary
27 May 2010

JURIST Guest Columnist Amos Guiora of the University of Utah College of Law says that the DC Circuit's willingness to provide the US executive branch legal cover for its denial of detainee rights runs counter to proven counterterrorism principles... The DC Circuit Court's recent decision overturning a holding extending habeas … [read more]

Academic Commentary
3 May 2010

JURIST Guest Columnist William G. Ross of Cumberland School of Law, Samford University, says Arizona's controversial new immigration law appears to be constitutional, at least on its face, but the state must be scrupulously careful to avoid even the appearance of any kind of discrimination against Hispanics.... Arizona's controversial new … [read more]

Student Commentary
15 Mar 2010

Zach Mueller, Pitt Law '12, recently attended oral arguments in the case of Humanitarian Law Project v. Holder at the US Supreme Court in Washington, DC. He shares his thoughts on the experience...The red velvet curtain parted, and Chief Justice John Roberts emerged from the narrow opening behind the elevated … [read more]

Academic Commentary
5 Mar 2009

JURIST Guest Columnist Bruce Miller of Western New England College School of Law says that despite the Obama administration's intent to criminally charge Ali Al-Marri in a US court, his challenge to his detention as an "enemy combatant" continues to present a live case which the Supreme Court is obliged … [read more]

Academic Commentary
27 Feb 2007

JURIST Contributing Editor Marjorie Cohn of Thomas Jefferson School of Law, president of the National Lawyers Guild, says that the recent ruling by the DC Circuit Court of Appeals on habeas-stripping under the Military Commissions Act was erroneous and is likely to be overturned by the US Supreme Court...Last week, … [read more]

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