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Legal News
20 Jan 2016
by Emelina Perez

The US Supreme Court [official website] on Wednesday ruled in Kansas v. Carr [opinion, PDF] that a jury in a death penalty case does not need to be advised that mitigating factors [Cornell LII backgrounder], which can lessen the severity of a criminal act, do not need to proven beyond … [read more]


Legal News
12 Jan 2016
by Alexandra Farone

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] 8-1 Monday in Hurst v. Florida [docket] that Florida's capital sentencing scheme violates the Sixth Amendment. The Florida law [text] states that in a sentencing hearing, the jury hears the evidence and votes on an "advisory sentence," but in a … [read more]


Legal News
14 Dec 2015
by Jaclyn Belczyk

The US Supreme Court [official website] ruled [opinion, PDF] 6-3 Monday in DIRECTV, Inc. v. Imburgia [SCOTUSblog materials] that the Federal Arbitration Act (FAA) preempts a California court's refusal to enforce an arbitration clause in a contract. In 2008 Amy Imburgia filed a class action lawsuit against DIRECTV over early … [read more]


Academic Commentary
8 Dec 2015
by Jessica Waters of
edited by Elizabeth Dennis

JURIST Guest Columnist Jessica L. Waters of American University discusses the implications of the Supreme Court granting certiorari to hear consolidated ACA cases... In early November the United States Supreme Court granted certiorari in a group of consolidated cases challenging the applicability of the Affordable Care Act's (ACA) contraceptive mandate. … [read more]


Professional Commentary
30 Oct 2015
by Daniel J. Wright of Law Offices of Daniel Wright
edited by Marisa Rodrigues

JURIST Guest Columnist Daniel J. Wright of the Law Offices of Daniel Wright discusses how post-conviction procedure rules hinder the ability to seek truth in faulty sentences... Those accused of a serious crime are entitled by the Sixth Amendment to the United States Constitution to representation by an attorney. This … [read more]


Legal News
29 Jun 2015
by William Hibbitts

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] 5-4 on Monday that the EPA [official website] could not make regulations regarding the toxic emissions of power plants without considering costs. In Michigan v. Environmental Protection Agency [SCOTUSBLOG materials], the court considered the question of whether the EPA could … [read more]


Legal News
29 Jun 2015
by Devin Montgomery

The US Supreme Court on Monday ruled [opinion, PDF] 5-4 in Glossip v. Gross [SCOTUSblog materials] that Oklahoma's use of the sedative midazolam [RxList materials] as part of its lethal injection protocol does not violate the Eighth Amendment ban on cruel and unusual punishment [LII backgrounder]. The issue came before … [read more]


Legal News
22 Jun 2015
by Devin Montgomery

The US Supreme Court [official website] on Monday ruled [opinion, PDF] 5-4 in City of Los Angeles v. Patel [opinion, PDF] that police must obtain a search warrant before demanding to inspect a hotel's guest list. At issue was a Los Angeles law [Los Angeles Municipal Code § 41.49, PDF] … [read more]


Legal News
22 Jun 2015
by Devin Montgomery

The US Supreme Court [official website] ruled [opinion, PDF] 8-1 Monday in Horne v. Department of Agriculture [SCOTUSblog materials] that a program requiring California raisin growers to hand over a percentage of their harvest to the government violated the takings clause [LII backgrounder] of the Fifth Amendment. Under regulations citing … [read more]


Legal News
19 Jun 2015
by Colleen Mallick

[JURIST] The US Supreme Court [official website] on Thursday reinstated [opinion, PDF] the death sentence of a California man convicted of murder 25 years ago, despite evidence that seven of the prosecution’s peremptory challenges to jurors in the case were race-based. In a 5-4 decision, the majority held in Davis … [read more]


Legal News
19 Jun 2015
by Dominic Yobbi

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] 5-4 Thursday in Brumfield v. Cain [SCOTUSblog materials] that a man who was convicted in 1993 for killing a police officer in Louisiana is entitled to have a new hearing to determine if he is mentally disabled, making him ineligible … [read more]


Legal News
15 Jun 2015
by Jaclyn Belczyk

The US Supreme Court [official website] ruled [opinion, PDF] 5-4 Monday in Kerry v. Din [SCOTUSblog materials] that the government's denial of a man's visa application did not violate his wife's constitutional rights. Respondent Fauzia Din, an American citizen from Afghanistan, had sued the US government after her husband, Afghan … [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]


Legal News
27 May 2015
by Matt Belenky

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] Tuesday in Wellness International Network Ltd. v. Sharif [SCOTUSblog materials] that bankruptcy judges have the power to make final judgments in certain legal disputes. In so ruling the Supreme Court reversed and remanded an appellate court decision finding that the … [read more]


Academic Commentary
22 May 2015
by Caroline Mala Corbin of University of Miami School of Law
edited by Yuxin Jiang

JURIST Guest Columnist Caroline Mala Corbin, of University of Miami School of Law, discusses whether filing paperwork in order to obtain a religious exemption is a substantial burden on religious liberty... Does filing paperwork in order to obtain a religious exemption from a law constitute a substantial burden on religious … [read more]


Legal News
9 Mar 2015
by Peter Snyder

[JURIST] The US Supreme Court [official website] ruled [decision, PDF] Monday in Perez v. Mortgage Bankers Association [SCOTUSblog backgrounder] that under the Administrative Procedure Act (APA) [text, PDF] federal agencies are exempt from notice-and-comment requirements when amending or repealing interpretive rules. In 2006 the Department of Labor's Wage and Hour … [read more]


Legal News
19 Feb 2015
by Colleen Mallick

[JURIST] The Florida Supreme Court [official website] on Tuesday granted a petition [order, PDF] to stay an inmate's execution until after the US Supreme Court [official website] reviews the constitutionality of lethal injection protocols in Oklahoma. This is the stay of execution outside of Oklahoma following the Supreme Court's decision … [read more]


Academic Commentary
14 Feb 2015
by Steven D. Smith of University of San Diego School of Law
edited by Cassandra Baubie

JURIST Guest Columnist Steven Smith, of the University of San Diego School of Law, discusses the significance surrounding the decision made in Holt v. Hobbs and our nation's commitment to religious freedom ...In Holt v. Hobbs [PDF], the US Supreme Court methodically applied the Religious Land Use and Institutionalized Persons … [read more]


Legal News
11 Feb 2015
by Jacqueline Jones

[JURIST] Kansas Governor Sam Brownback [official website] on Tuesday rescinded [press release] a number of executive orders by the former governor, including one that protected lesbian, gay, bisexual and transgender (LGBT) state employees from unfair hiring practices, sexual harassment and other types of discrimination at work. The previous executive order … [read more]


Features
7 Feb 2015
by Vanessa Griffith

The debate over the legalization of same-sex marriage was long one of the most polarizing issues [JURIST op-ed] facing the American legal community. Several major cases shaped the course of the debate over the past 40 years. Loving v. Virginia is a 1967 US Supreme Court case which declared laws … [read more]

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