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Tuesday 31 Jul 2012

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 level of scrutiny to apply to same-sex marriage issues...The US [read more]

Sunday 29 Jul 2012

JURIST Contributing Editor David Crane of Syracuse University College of Law says the actions of Vladimir Putin's regime against the life and legacy of deceased Russian lawyer Sergei Magnitsky threaten international progress in basic human rights and have attracted the ire of the US Congress, the European Union and individual [read more]

Friday 27 Jul 2012

JURIST Guest Columnist Nicole Huberfeld of the University of Kentucky College of Law says that the Supreme Court's decision on the constitutionality of the Medicaid expansion provision of the ACA relied on a strange reading of the law, where the Medicaid expansion was deemed to be both a part of [read more]

Friday 27 Jul 2012

JURIST Guest Columnist Geoffrey Hoffman of the University of Houston Law Center says that the Supreme Court's holding in Arizona v. US serves as a strong reminder of the executive branch's power to create and enforce a coherent, and ideally compassionate, immigration policy...The Supreme Court's recent decision in Arizona v. [read more]

Wednesday 25 Jul 2012

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 growing in popularity...Less than a week after the Roberts Court [read more]

Wednesday 25 Jul 2012

JURIST Guest Columnist Valentina Azarov of the Al-Quds Bards College, Al-Quds University says that Israel's actions in the Palestinian territories violate international law, specifically in regards to the illegal construction of settlements. She also argues that third-party states should seek to enforce international norms in their legal relationships with Israel...In [read more]

Thursday 19 Jul 2012

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 receiving no protection from the Constitution as it is presently [read more]

Tuesday 17 Jul 2012

JURIST Guest Columnist Kevin Govern of the Ave Maria School of Law says that the recent confrontation between a US warship and a foreign vessel in the Strait of Hormuz is the most recent in a history of incidents where time-tested tactics have shaped the economic and political security of [read more]

Friday 13 Jul 2012

JURIST Guest Columnist Sallie Sanford of the University of Washington School of Law says that the Supreme Court's recent decision upholding the Affordable Care Act will have lasting effects not only for the nation's health care system, but also for the future interpretation of several key constitutional provisions...In its keenly [read more]

Tuesday 10 Jul 2012

JURIST Guest Columnist Jordan Paust of the University of Houston Law Center says the theory that self-executing treaties are the only type of international law that is binding on states is based on an incorrect, revisionist account of US legal history...Devising theory, marshaling it and sending it off to do [read more]

Friday 6 Jul 2012

JURIST Guest Columnist Stuart Ford of the John Marshall Law School says that although the International Criminal Court has encountered numerous obstacles during the first ten years of its existence, its reputation will ultimately be decided over a longer period of time...The International Criminal Court (ICC) is now ten years [read more]

Wednesday 4 Jul 2012

JURIST Guest Columnist Linda Tashbook of the University of Pittsburgh School of Law says that Rhode Island's new Homeless Bill of Rights provides an improved set of standards for how states should treat their indigent citizens...Legislatures can't force people to be kind to each other, but they can require government [read more]

Monday 2 Jul 2012

JURIST Guest Columnist David Scheffer of the Northwestern University School of Law says that although the US is not an official member of the International Criminal Court, it can nonetheless promote international justice through strengthening its unofficial ties to the organization...The US has become a de facto member of the [read more]

Sunday 1 Jul 2012

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 international law qualify as such...Professor Jordan Paust asserts that states [read more]

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