September 29, 2014
by Josh Guckert
JURIST Guest Columnist David Glasgow, a fellow at the New York University School of Law Public Interest Law Center, discusses the reasons why the Windsor decision was not based on federalism...Advocates and opponents of same-sex marriage are breathlessly waiting for news from the Supreme Court ...[read more]
October 30, 2013
by Arjun Mishra
Marijuana is labeled a Schedule I drug by the federal government under the Controlled Substances Act of 1970. Its production, distribution, possession and use are thus criminally prohibited. The drug's negative treatment from the federal government stems from the Prohibition Era, culminating in ...[read more]
July 21, 2013
by Andrew Morgan
The heated debate over same-sex marriage is one of the most polarizing issues currently facing the American legal community. It is a controversy being played out in every branch of the federal government, from the floor of the US Senate to the Oval Office. It has raised concerns over the nature of ...[read more]
July 19, 2013
by Zachariah Rivenbark
The heated debate over same-sex marriage is one of the most polarizing issues currently facing the American legal community. It is a controversy being played out in every branch of the federal government, from the floor of the US Senate to the Oval Office. It has raised concerns over the nature of ...[read more]
February 18, 2013
by Theresa Donovan
JURIST Guest Columnist Aaron Mintzes of EARTHWORKS examines the ways the federal government actually regulates fracking and discusses two case studies in states where industry advocates turn federalism on its head...The 113th Congress, especially the US House of Representatives, will use their ...[read more]
August 1, 2012
by Michael Kalis
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 Act is unconstitutional...In the endlessly ...[read more]
June 7, 2012
by Rebecca DiLeonardo
A federal judge in the US District Court for the Southern District of New York ruled Wednesday that section 3 of the Defense of Marriage Act (DOMA) is unconstitutional because it violates the principles of federalism. The ruling is the fourth federal decision finding that section 3, which denies ...[read more]
April 29, 2012
by Caleb Pittman
JURIST Columnist Kevin Johnson, writing a special edition of the column authored by the faculty of the University of California, Davis School of Law, says that despite public concerns over racial profiling, the Supreme Court is focusing on issues of federalism in the case of Arizona v. United ...[read more]
April 9, 2012
by Stephen Krug
JURIST Guest Columnists Jay Sekulow and Edward White of the American Center for Law and Justice say that the federal government does not have the authority to enforce the individual mandate, and because the mandate is not severable from the ACA, the entire law should be deemed ...[read more]
September 18, 2011
by Ben Klaber
JURIST Guest Columnist Steven D. Schwinn of the John Marshall Law School in Chicago says that the Eleventh Circuit ignored the text, history and jurisprudence of the Constitution in its recent health care ruling, which will likely not be adopted by the Supreme Court given recent rulings on ...[read more]

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