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15 Aug 2022, 7:28 am by Bryce Klehm
With Kennedy’s help, Congress increased that number to 500. [read post]
5 Aug 2022, 6:30 am by Guest Blogger
It is worth noting that our gathering occurred before the late-June blockbuster of the Court and, particularly with regard to Carol’s paper, its opinion in the Kennedy “praying coach” case. [read post]
31 Jul 2022, 6:30 am by Guest Blogger
This post was prepared for a roundtable on Wrestling with Religious Diversity, convened as part of LevinsonFest 2022—a year-long series gathering scholars from diverse disciplines and viewpoints to reflect on Sandy Levinson’s influential work in constitutional law. [read post]
15 Jul 2022, 6:30 am by Mark Graber
For the Balkinization symposium on Adrian Vermeule, Common Good Constitutionalism (Polity Press 2022). [read post]
12 Jul 2022, 9:58 pm by Josh Blackman
Once again, the modern-day Court exploits the squishiness of Kennedy-era precedents. [read post]
8 Jul 2022, 8:30 am by JB
  In fact, Justice Kennedy’s opinion in Obergefell specifically rejected the approach that Alito takes in Dobbs. [read post]
8 Jul 2022, 7:09 am by The Petrie-Flom Center Staff
Makin, the Court struck down a Maine law prohibiting the use of public funds to subsidize religious schools, and in Kennedy v. [read post]
7 Jul 2022, 9:36 pm by Josh Blackman
For example, Justice Kennedy declined to overrule Washington v. [read post]
6 Jul 2022, 7:55 pm by Dennis Crouch
Mathilda and Terence Kennedy Inst. of Rheumatology Tr., 764 F.3d 1366, 1372 (Fed. [read post]
6 Jul 2022, 6:56 pm
The last essay considers the regulatory application of ‘wokeness’ in China by considering recent Chinese efforts to report online expression that violates community standards, and the regulation of algorithmically based recommendations systems. [read post]
2 Jul 2022, 10:10 pm by Josh Blackman
Justice Kennedy, as well as Justice Kagan joined Roberts's opinion, including Footnote 3. [read post]
28 Jun 2022, 11:34 am by Josh Blackman
And, in my view, the Kavanaugh concurrence is the new Kennedy concurrence. [read post]
28 Jun 2022, 5:58 am by Bernard Bell
The Court also concluded that even though NMFS itself had not explicitly discussed the applicable Fourth Amendment standard, it had adequately addressed commenters “Fourth Amendment” objection to the regulation. [read post]