29 Mar 2012

JURIST Columnist Charles C. Jalloh of the University of Pittsburgh School of Law says that the date set for the verdict in the Charles Taylor case by the Special Court for Sierra Leone is inappropriate given the fact that it coincides with an important date in Sierra Leone... On February [read more]

26 Mar 2012

JURIST Guest Columnist Joshua Sarnoff of DePaul University College of Law says that a recent Supreme Court ruling will have significant effects on innovation and the morality of patents in the US...On Tuesday March 20, the US Supreme Court did the truly unexpected in Mayo Collaborative Services v. Prometheus Laboratories, [read more]

23 Mar 2012

JURIST Columnist Lisa Pruitt, writing the second installment of the column authored by the faculty of the University of California, Davis School of Law, says that the recent UN conference on status of women failed to adequately address the realities of enforcing laws that affect women in rural areas...The Fifty-Sixth [read more]

22 Mar 2012

JURIST Guest Columnists Jennifer Green and Sahadev Gowda of the University of Minnesota Law School, say that corporations must be held accountable for international law violations through use of the Alien Tort Statute...Last month, the US Supreme Court heard oral arguments in the case of Kiobel v. Royal Dutch Petroleum. [read more]

21 Mar 2012

JURIST Guest Columnist Derek Bambauer of Brooklyn Law School says that the increased censorship of journalists worldwide is a result of technological innovations, which facilitate dissemination of information, but heighten the perceived threat to governments fighting to maintain control...Journalists have never been more empowered, or more threatened. Information technology offers [read more]

21 Mar 2012

JURIST Guest Columnist David Bernstein of George Mason University School of Law, an adjunct scholar at the Cato Institute, argues that striking down the individual mandate of the health care reform legislation does not implicate a resurgence of the notorious 1905 Supreme Court decision in Lochner v. New York...With the [read more]

19 Mar 2012

JURIST Guest Columnist Chad Flanders of Saint Louis University School of Law says that we should seek a pragmatic solution to the controversy over requiring religious institutions to provide contraceptive coverage for employees, since a resolution of the philosophical issues underlying the controversy is unlikely...The debates over the so-called contraception [read more]

18 Mar 2012

JURIST Guest Columnist Peter Margulies of Roger Williams University School of Law says that Congress should weigh the advantages and risks of secrecy carefully as it considers the new FOIA exemption that the Obama administration has proposed in the wake of a recent Supreme Court decision...The Obama administration asked Congress [read more]

17 Mar 2012

JURIST Guest Columnist Robert Westley of the Tulane University Law School says that a recent Ninth Circuit decision upholding the Washington state's cut to a food aid program for legal immigrants is a prime example of how constitutional formalism justifies leaving some members of the political community without the basic [read more]

14 Mar 2012

JURIST Columnist Haider Ala Hamoudi of the University of Pittsburgh School of Law says that Iraq's handling of the violence perpetrated against an unpopular group of people may ultimately determine the type of state Iraq will evolve into over the course of the coming years...There has been an apparent disturbing [read more]

14 Mar 2012

JURIST Contributing Editor Chibli Mallat of the University of Utah SJ Quinney College of Law says that there is no true legal distinction between liberators and occupiers, and that because it does not look like there will be a treaty to distinguish the two soon, mixed tribunals will provide a [read more]

14 Mar 2012

JURIST Guest Columnist Stan Goldman of Loyola Law School, Los Angeles, says federal law already authorizes states to criminally prosecute perpetrators of genocidal crimes, and that Turkish annoyance is not a legitimate basis to invalidate a civil remedy against those responsible for the Armenian genocide...The US Court of Appeals for [read more]

13 Mar 2012

JURIST Contributing Editor Michael A. Olivas of the University of Houston Law Center says that recent state immigration laws restricting college access for undocumented immigrants are unnecessary and contradict deeply rooted principles of US law...Immigration has always been a complex transaction and dangerous sojourn. Local forces have attempted to control [read more]

12 Mar 2012

JURIST Guest Columnist Chandra Sriram of the University of London, School of Oriental and African Studies, School of Law says that the ICJ should order Senegal to extradite former Chadian president Hissène Habré to Belgium to face prosecution for war crimes and crimes against humanity...Today the International Court of Justice [read more]

11 Mar 2012

JURIST Guest Columnist Julie Nice of the University of San Francisco School of Law says that the ruling in Golinski continues the momentum of recent decisions rejecting defenses that deny the designation and benefits of marriage to same-sex couples and their children...If you are a casual spectator of gay rights [read more]

9 Mar 2012

JURIST Guest Columnist Mark Loewenstein of the University of Colorado Law School says that while the SEC clearly has the authority to require reporting companies to disclose information regarding their political expenditures, a better course of action may be to amend existing SEC rules to reinforce a market-based approach...In its [read more]

9 Mar 2012

JURIST Guest Columnist Diana Ginn of the Schulich School of Law at Dalhousie University says that a recent decision by the Supreme Court of Canada affirms the nation's multicultural heritage at the expense of its promise of religious freedom, and that both values could have been maintained by more carefully [read more]

5 Mar 2012

JURIST Guest Columnist William Araiza of the Brooklyn Law School says that if either the Ninth or Sixth Circuit strikes down state constitutional amendments ending affirmative action in college admissions using older lines of Supreme Court case law, the Supreme Court will likely grant certiorari to curtail or overrule the [read more]

3 Mar 2012

JURIST Guest Columnist William Araiza of the Brooklyn Law School says that the Douglas case demonstrates that larger ideological issues can be at stake in seemingly minor and technical disputes, such as the Supremacy Clause and administrative agency appeal issues at hand in Douglas...Sometimes important legal issues come disguised in [read more]

2 Mar 2012

JURIST Contributing Editor Jordan Paust of the University of Houston Law Center says that while deciding Kiobel v. Royal Dutch Petroleum Company, the Supreme Court should be mindful of precedent that supports universal jurisdiction and corporate liability when it comes to human rights violations... Oral arguments in Kiobel v. Royal [read more]

2 Mar 2012

JURIST Special Guest Columnist Andrea Prasow of Human Rights Watch says that one of the reasons Majid Khan was not tried in civilian court and was offered a plea deal by Guantanamo prosecutors was to prevent him from testifying on his mistreatment while in CIA custody... When Majid Khan entered [read more]

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