CONSTITUTIONAL LAW
JURIST legal news archive...




Brandt v. United States: Will Property Law Doom Rail Trails?
April 16, 2014
JURIST Guest Columnist Brian T. Hodges of the Pacific Legal Foundation discusses the US Supreme Court's troubling decision in Brandt v. US... On March 10, 2014, the US Supreme Court issued its decision in the quiet title case, Marvin M. Brandt Revocable Trust v. US (PDF). In an 8-1 decision, the co....... [more]

Ohio AG approves proposed constitutional amendment to overturn gay marriage ban
April 15, 2014
Ohio Attorney General Mike Dewine determined on Monday that a proposed amendment to the state constitution that would overturn its current ban on gay marriage had obtained the requisite number of signatures and satisfied the requirement that it be a "fair and truthful statement of the proposed law....... [more]

The Best Argument for Same-Sex Marriage Isn't Love?It's Taxes
April 14, 2014
JURIST Guest Columnist Sara Benson of the University of Illinois College of Law discusses how the best argument for same-sex marriage is that same-sex partners should be treated equally under the law ... As you likely have heard, the US Supreme Court issued an opinion striking down part of the feder....... [more]

Federal judge rules Ohio must recognize out-of-state same-sex marriages
April 14, 2014
Judge Timothy Black of the US District Court for the Southern District of Ohio ruled on Monday that Ohio authorities must recognize same-sex marriages legally performed in other states. The court found that the state's refusal to recognize such marriages violates the Due Process Clause, Equal Protec....... [more]

Virginia AG files appellate brief supporting same-sex marriage
April 12, 2014
Virginia Attorney General Mark Herring on Friday filed an appellate brief in support of the district court's ruling that the state's ban on same-sex marriage is unconstitutional. The brief, filed with the US Court of Appeals for the Fourth Circuit, argues that the state's statutory and constitution....... [more]

Retailers Need A Rule They Can Count On
April 11, 2014
JURIST Guest Columnists Peter J. Brann, David Swetnam-Burland and Stacy O. Stitham of Brann & Isaacson discuss the patent eligibility of computer-implemented inventions... The US Supreme Court's consideration of the patent eligibility of computer-implemented inventions in Alice Corporation Pty....... [more]

ACLU files lawsuit challenging North Carolina same-sex marriage ban
April 10, 2014
The American Civil Liberties Union (ACLU) and the ACLU of North Carolina filed a lawsuit in federal court Wednesday seeking recognition of marriage from the state of North Carolina for three married, same-sex couples. In each couple, one member has a serious medical condition, and North Carolina's s....... [more]

Constitutional Challenges
April 8, 2014
Whether or not programs like New York's Stop-Question,-and-Frisk (SQF) are within the bounds of the U.S. Constitution is the primary challenge facing such programs. Similar programs, that have faced similar challenges and criticisms, exist in Newark, Philadelphia, and other cities. These challenges....... [more]

Litigation
April 8, 2014
In 1999, unarmed Amadou Diallo was shot and killed by the New York City Police Department's Street Crimes Unit. His death incited community outrage on the issue of policing and race. The Center for Constitutional Rights (CCR), a nonprofit legal organization devoted to defending constitutional rights....... [more]

History
April 8, 2014
"Stop-question-and-frisk" (SQF), a form of proactive policing where officers detain and search persons suspected of illegal activity, has been used by police departments for decades. SQF searches are intended to maintain a level of officer vigilance targeting low-level criminal offenses in order to....... [more]

Same-Sex Marriage in Illinois:  A Conflict of Powers or A Pragmatic Choice?
April 5, 2014
JURIST Guest Columnist Sara Benson of the University of Illinois College of Law discusses State Attorney General Lisa Madigan's interpretation of the statute recently passed by the Illinois Legislature allowing same-sex marriage ... Last summer the US Supreme Court issued an opinion striking down pa....... [more]




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