JURIST Guest Columnist Julie Nice of the University of San Francisco School of Law says that concerns about federalism principles should lead the Supreme Court to review current litigation surrounding the Defense of Marriage Act, and to hold that the...
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The Price of Minimalism: Same-Sex Marriage and Judicial Confusion
JURIST Guest Columnist Julie Nice of the University of San Francisco School of Law says that the Supreme Court's minimalist approach in its gay rights pronouncements has led to the current confusion among courts and lawyers alike over the proper...
Exit Rights: Roberts' Conception of America in the ACA Decision
JURIST Guest Columnist Robin West of the Georgetown University Law Center says that Chief Justice Roberts's conviction that the individual mandate is not authorized by the Commerce Clause is evidence of a new, anti-collectivist conception of individual rights that is...
JURIST Guest Columnist Stephen Simon of the University of Richmond argues that the Supreme Court's health care decision reflects a rights gap in current US constitutional discourse, where certain claims against federal action have the character of rights claims while...
The Supremacy Clause and International Law: A Response to Jordan Paust
JURIST Guest Columnist David Moore of the Brigham Young University J. Reuben Clark Law School says that although the Supremacy Clause binds states to follow international law that qualifies as preemptive federal law, not all treaties or principles of customary...
The Voting Rights Act: Limiting Partisan Barriers to Voter Participation
JURIST Columnist Chris Elmendorf, writing the fifth installment of the column authored by the faculty of the University of California, Davis School of Law, says that the "purpose" rather than the "effects" prong of Section 5 of the Voting Rights...
JURIST Guest Columnist David Frakt of the Barry University School of Law says that the double standard concerning the killing of US citizens developed as a result of overseas anti-terrorism efforts and is more recently apparent in the domestic "stand...
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...
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...
Attempting to Preserve Equal Protection for Gays and Lesbians
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...