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The Exhaustive Consequences of Kirtsaeng [op-ed]
April 29, 2013 by Ben Klaber
JURIST Guest Columnist John Rothchild of Wayne State University Law School says the Supreme Court's decision in Kirtsaeng could impact the scope of the patent exhaustion doctrine as well as seller-imposed limitations on ownership of purchased copyrighted items....The Supreme Court's recent.... [more]
Constitutionalism in Hungary: Undermining the Fundamental Law [op-ed]
April 12, 2013 by Ben Klaber
JURIST Guest Columnist Gabor Halmai of Eötvös Lóránd University, Budapest says that the Fourth Amendment to the Fundamental Law of Hungary undermines several constitutional rights and implicates the entire scheme of constitutionalism in Hungary...On February 26, 2013, Hungary's C....... [more]
J'Accuse Twitter [op-ed]
April 8, 2013 by Ben Klaber
JURIST Guest Columnist Karl M. Manheim of Loyola Law School in Los Angeles says Twitter should comply with French law, but only within that jurisdiction....A French court recently ordered Twitter to hand over the account information of users who had posted anti-Semitic and racist tweets. The court.... [more]
Stop and Frisk: Necessary Practice or Discriminatory Tactic? [op-ed]
March 19, 2013 by Ben Klaber
JURIST Guest Columnists Randolph M. McLaughlin (pictured) and Jonathan A. Jarrell of Pace Law School say stop-and-frisk tactics contribute to a distrust of police and a lack of cooperation in criminal investigations...For years, New York City police officers have practiced a crime prevention.... [more]
'Significant Guidance' on Student Athletes with Disabilities [op-ed]
March 15, 2013 by Ben Klaber
JURIST Guest Columnist Perry A. Zirkel of Lehigh University says the US Department of Education's Office of Civil Rights' latest "Dear Colleague" letter, like its predecessor concerning bullying, serves primarily as a public reminder and reinforcement of a current priority rather than an expansion.... [more]
Rape, Political Transparency and the Rule of Law [op-ed]
March 14, 2013 by Ben Klaber
JURIST Guest Columnist Michelle Madden Dempsey of Villanova University School of Law says the chronic failure of police to investigate and prosecute sexual offenses signals a massive failure of public safety, and the chronic failure of police to document and disclose information regarding sexual.... [more]
Challenges to Michigan's Right-to-Work Laws [op-ed]
March 8, 2013 by Ben Klaber
JURIST Guest Columnist Theodore J. St. Antoine of the University of Michigan Law School says that although Michigan's right-to-work laws raise several constitutional issues and were adopted under unusual circumstances, the courts will likely uphold the core provisions prohibiting the union.... [more]
Marriage, Direct Democracy and the Supreme Court [op-ed]
November 16, 2012 by Ben Klaber
JURIST Guest Columnist Douglas NeJaime of Loyola Law School says that recent voter approval of state referenda legalizing same-sex marriage makes it difficult for opponents to use democratic principles to argue against judicial action on the issue....On November 7, 2012, voters in Maine, Maryland,.... [more]
Courageous Jurist Under Fire in Guatemala [op-ed]
October 16, 2012 by Ben Klaber
JURIST Guest Columnist Lauren Carasik of Western New England University School of Law says that, as chief justice of the Criminal Chamber of Guatemala's Supreme Court, Cesar Barrientos has played a critical role in rebuilding the nation's democratic institutions by upholding the rule of law and.... [more]
Judicial Humility and Affirmative Action [op-ed]
October 8, 2012 by Ben Klaber
JURIST Guest Columnist Eric Segall of Georgia State University College of Law says that with respect to affirmative action, the US Supreme Court should not substitute their own judgments of educational policy, diversity and fairness for those of academic experts and elected officials accountable.... [more]
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