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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

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

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

The debate over the legalization of same-sex marriage is one of the most polarizing issues [JURIST op-ed] currently 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]


Legal News
28 Jan 2015
by Peter Snyder

[JURIST] The state of Georgia executed inmate Warren Lee Hill Tuesday despite arguments made by his attorneys that he was intellectually disabled. The US Supreme Court [official website] denied Hill's application for stay of execution, rejecting both his petition for habeas corpus and writ of certiorari [order lists, PDF]. Two … [read more]


Legal News
16 Jan 2015
by Taylor Brailey

[JURIST] Oklahoma executed Charles Frederick Warner on Thursday after the Supreme Court [official website] failed to grant a last minute stay [opinion, PDF]. Mr. Warner was sentenced to death in 1997 for the rape and murder of an 11-year-old girl. He requested the stay in light of Oklahoma's botched execution … [read more]


Legal News
15 Dec 2014
by Jaclyn Belczyk

The US Supreme Court [official website] ruled [opinion, PDF] 8-1 Monday in Heien v. North Carolina [SCOTUSblog backgrounder] that a police officer's mistake of law can provide the individualized suspicion that the Fourth Amendment [text] requires to justify a traffic stop. The case involves the arrest of an automobile passenger … [read more]


Legal News
9 Dec 2014
by Jaclyn Belczyk

The US Supreme Court [official website] ruled Tuesday in Warger v. Shauers [SCOTUSblog backgrounder] that a party seeking a new trial may not use one juror's affidavit of what another juror said in deliberations to demonstrate the other juror's dishonesty during voir dire. During voir dire in a personal injury … [read more]


Legal News
9 Dec 2014
by Jaclyn Belczyk

The US Supreme Court [official website] ruled [opinion, PDF] Tuesday in Integrity Staffing Solutions, Inc. v. Busk [SCOTUSblog backgrounder] that employees are not entitled to overtime pay for the time spent waiting for and undergoing post-shift security screening procedures. The plaintiffs are warehouse workers at various sorting facilities connected to … [read more]

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