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28 Aug 7:30 am by Ashby Jones
... , writes McGinnis, Colucci's explanation is less satisfying. If Mr. Colucci succeeds wonderfully in explaining Justice Kennedy, he succeeds less well in justifying him. The difficulty with moral readings of the Constitution is that, most of the ... , or social solidarity, or national security, instead of liberty. If liberty is what most needs preserving, as Justice Kennedy seems to believe, then the better course is simply to preserve the original meaning of the Constitution, where we will find the ...
Law Blog - http://blogs.wsj.com/law
17 Nov 5:33 pm by Ashby Jones
... , the student newspaper ran a note saying that "numerous publication constraints" had delayed the article on the talk. The NYT reported that Kennedy's office had barred the student paper from publishing an article without its approval. The article, and its ... to brand Justice Kennedy, for years one of the court's strongest free-speech advocates, a hypocrite. On Tuesday, Justice Kennedy talked to the WSJ's Supreme Court correspondent, Jess Bravin, about the incident, saying he was frustrated by the ...
Law Blog - http://blogs.wsj.com/law
29 Apr 3:04 pm by Ashby Jones
... University of Michigan case, Grutter v. Bollinger. Justice Ginsburg is answering a possible question that someone like Justice Kennedy might have - is the Section 5 regime ever going to end? (Of course, Justice Kennedy dissented in Grutter.) On ... registration disparity between Hispanics and whites is greater than in Texas, a covered state? This question seemed to trouble Justice Kennedy. So it really sounds like it was an exercise by either side in trying to persuade Justice Kennedy? Well, you've ...
Law Blog - http://blogs.wsj.com/law
25 Aug 7:46 am by Ashby Jones
... , when a Massachusetts senator dies or becomes incapacitated while in office, his or her replacement is chosen by an election. Kennedy has urged the Massachusetts state legislature to change the law so that an interim replacement is picked by the ... states of any replacement procedure that isn't an election. Clarification: An earlier version of this post failed to clarify that Kennedy's proposal would only apply to the appointment of an interim senator. Thanks to reader Gordon Hardy for pointing ...
Law Blog - http://blogs.wsj.com/law
16 Aug, 2007 8:48 am by Ashby Jones
... is in charge. Don't have any doubts about this. If Justice Kennedy ever tells you you must do something, you must comply. . . . It is his world, and you ... of four right-leaning justices and a bloc of four left-leaning justices, Justice Kennedy's vote is the most crucial. But few have made the point as emphatically as Akin ... that a justice dissented two or fewer times. "It really gives you a sense that Justice Kennedy's vote is more centrally important than any other justice in the history, the ...
Tags: Court, Supreme
Law Blog - http://blogs.wsj.com/law
23 Dec, 2008 12:00 pm by R.J. MacReady
... the majority didn't say that. Moreover, I'm not so sure Justice Kennedy's opinion decides the issue on a narrower ground than the plurality opinion does. ... wasn't about getting to a particular result and hiding behind Kennedy. See, the majority relied upon Jones v. State, 119 S.W.3d 766 ... go with the majority opinion. Oddly, she joined the majority in Martinez.] Looking at the analysis in Jones sure makes it look like the plurality opinion in Seibert is closer to the totality of the circumstances ...
Texas Court of Criminal Appeals blog - http://www.txccablog.com/
1 Oct, 2008 6:02 pm by CAAFlog
... respecting denial of rehearing written on behalf of all the justices in the original majority, Justice Kennedy writes: There are six individuals now subject to a final sentence of death under ... five individuals sentenced to death under the UCMJ. It's apparent why Justice Kennedy got that wrong -- he cites NAACP LDF's authoritative Death Row U ... been apparent that that's not legitimate. Consider that on January 1, 2007, the Dow Jones Industrial Average closed at 13,264.82 and today, well, it didn't ...
CAAFlog - http://caaflog.blogspot.com/index.html
2 Dec, 2008 9:33 pm by Brian Baxter
... David Heiman sitting behind a row of empty chairs reserved for auto executives. Like Kennedy assassination obsessives analyzing still shots from the Zapruder film, we've sorted ... , Am Law Daily readers. Does the picture present irrefutable photographic evidence that Jones Day is already playing a role in trying to clean up this Big Auto mess? ... for comment about the firm's involvement in a possible Big Three bankruptcy filing--or whether the Jones Day duo were in those front-row seats two week ago.
The Am Law Daily - http://amlawdaily.typepad.com/amlawdaily/
30 May, 2008 8:57 am by Eliza Presson
... debate and legal challenge. In a carefully worded and consciously narrow opinion, the Court this week in Riley v. Kennedy, by a 7-2 vote, carved out an exemption from § 5 coverage, although the technicalities of the fact-specific ruling limit ... to say that the special election practice was never in force or effect with a straight face." Unlike the voting practice in Fordice, Jones served on the Mobile County Commission for 14 months following his special election victory in 1987. The fact that a ...
SCOTUSblog - http://www.scotusblog.com/wp/
9 Nov 11:47 am by Lyle Denniston
... -stakes patent case in the Supreme Court to descend to the level of questioning whether "Lorenzo Jones" could get a patent on one of his hare-brained inventions, if Bernard ... influential 1936 book, How to Win Friends and Influence People. But it was the "Lorenzo Jones" comment that set the tone for the entire argument in Bilski, et al., v. Kappos ... counseling "buy low and sell high," and Justice Anthony M. Kennedy questioned patent rights for someone who went to the Bureau of Statistics and worked out ...
SCOTUSblog - http://www.scotusblog.com/wp/
2 Nov 9:17 pm by William Birdthistle
... evaluation, we might have to wait for the next wave of litigation in trial courts to see whether the new Jones standard makes any practical difference on fees. If, on the other hand, the justices highlight and strongly emphasize ... Justice Scalia for judicial involvement in this issue, combined with the lack of engagement in the particulars of this case by Justices Stevens and Kennedy (who asked only general and theoretical questions about the concept of fiduciary duties), and even the relatively ...
Conglomerate - http://www.theconglomerate.org/
30 Jun 1:21 pm by David Kravets
... if its co-founders lost their appeals and went to prison for a year. The Pirate Bay, in short, is heading to Davy Jones' Locker. "The Pirate Bay is a site that is among the top 100 most visited internet sites in the world. However, ... we would be delighted if this resulted in The Pirate Bay turning into a legitimate licensed service," said John Kennedy, chairman of the International Federation of the Phonographic Industry, the world's leading recording industry trade group that helped bring the ...
27B Stroke 6 - http://blog.wired.com/27bstroke6/
17 Dec, 2007 12:57 pm by Tim Jones
... showdown over whether to exonerate telecommunications companies for illegally surveilling their customers is underway. Senators Dodd, Feingold and Kennedy have lead the charge. All three made awesome and eloquent arguments for a transparent and accountable government. ... not get immunity. A court should make that decision, not Congress. It's that simple. And finally, Senator Ted Kennedy (MA), who introduced the original FISA intelligence oversight legislation 30 years ago: Think about what we've ...
Deep Links - http://www.eff.org/deeplinks/
22 Jun 10:43 am by Ashby Jones
... followers and commentators had expected a narrow ruling in the case, with the constitutionality of section 5 possibly turning on the vote of Justice Kennedy. But the Court threw everyone a curve-ball, ruling 8-1 in an opinion written by Chief Justice Roberts that ... court were here. It's hard to know whether this was Roberts's brainchild or whether he saw that Justice Kennedy was going to vote for the liberals and tried to craft a bit of a compromise here. I'd think that the liberal justices are ...
Law Blog - http://blogs.wsj.com/law
1 Jul 6:01 am by Ashby Jones
... perhaps two others like her. Despite what appears to be Robert's growing power, the court still largely belongs to Justice Kennedy. He voted in the majority 92% of the time this term, and, writes Bravin, likely continues to have a moderating effect on the conservative justices, even in the instances in which he sides with them: "With Justice Kennedy on the court, "the conservatives don't have the five votes needed to strike down the Voting Rights Act or challenge the ...
Law Blog - http://blogs.wsj.com/law
15 Sep 10:16 am by Ashby Jones
... likely to give much solace to lawyers on the political left. Although Justice Anthony Kennedy might "cross the aisle" from time to time, he's more often than ... Supreme Court. Seeing Posner's language, and hoping that Justice Anthony Kennedy would join the more liberal justices on the Supreme Court in outrage over the partisanship ... trying to peel off at least one justice from the bloc of five conservatives—Roberts, Kennedy, Samuel Alito, Antonin Scalia, and Clarence Thomas." If, continues, Hasen, ...
Law Blog - http://blogs.wsj.com/law
4 Nov 4:22 pm by Ashby Jones
... and liberals found different policy implications persuasive. How so? The liberals - and here's the spoiler: along with Justice Kennedy - were troubled by the practical effect of the county's theory. Under it, a police officer who fabricated evidence could be ... on Supreme Court cases the odds might favor a classic 4-4 liberal-conservative split, with Justice Kennedy handing the tie to the ex-prisoners. The opinion will permit this lawsuit to proceed but be written narrowly to ensure that lower ...
Law Blog - http://blogs.wsj.com/law
26 Feb, 2008 8:41 pm by Ashby Jones
... could remand it with more specific guidelines. None of these outcomes would really surprise me." According to the Dow Jones Newswires report, the justices seemed inclined to uphold at least part of the Exxon-Mobil award, which is five-times ... of punitives-to-compensatories at 9:1. So what ratio will the Justices use? According to the Newswires account, Justices Kennedy and Souter homed in on provisions in criminal law that allow punitive damages that double actual damages. According to Sturley, ...
Tags: Injury, Personal
Law Blog - http://blogs.wsj.com/law
... on the night of October 17, 2008. Prior to the enactment of the new regulation, Deputy Sara Jones of the Monroe County Sheriff's Department, was struck by a car while directing traffic around an ... around 10:30 p.m. on a two-lane road in rural Monroe County. Jones had a vest in her patrol car, but she was not wearing it. Reports indicate that ... bought vests for every officer and conducted more training after the death of Deputy Jones. While vests can cost between $25-$75, state and federal safety ...
Indiana Injury Lawyer Blog - http://www.indianalawyerblog.com/
9 Jul, 2007 9:01 am by Ashby Jones
... Eagle Scout ceremony in San Francisco; and an appearance at the American Bar Association annual meeting in San Francisco. Justices Kennedy and Breyer will join Chief Justice John Roberts and Justice Ruth Bader Ginsburg in Paris this summer. ... a 13,000-volume collection that will help European judges research American law and court rulings. Justice Kennedy will be in Salzburg, Austria, for his long-running teaching gig for the University of the Pacific McGeorge School of Law. Justice Ginsburg will ...
Tags: Supreme, Court
Law Blog - http://blogs.wsj.com/law
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