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26 Jun 2013, 8:05 pm
In re Somers and Caggiano, No. 10-38296 (Bky.S.D.N.Y. [read post]
26 Jun 2013, 7:58 pm
The dissent arguing in favor of standing was written by Justice Kennedy, and joined by Justices Thomas, Alito and Sotomayor. [read post]
26 Jun 2013, 2:00 pm
President Obama announced his support for gay marriage before winning re-election in November 2012, and still won. [read post]
26 Jun 2013, 1:37 pm
In re-reading the marriage cases this afternoon, something struck me: where are the liberals? [read post]
26 Jun 2013, 12:58 pm
(In this week’s version of “Supreme Court Justices: They’re Just Like Us,” the version of the opinion that was distributed to reporters misspells “statutes” as “statues,” suggesting that perhaps someone was up late last night finishing up the draft.) [read post]
25 Jun 2013, 6:09 am
” We might find out the answer today if we’re lucky. [read post]
24 Jun 2013, 10:42 pm
Kennedy said,A people confident in its laws and institutions should not be ashamed of mercy. [read post]
24 Jun 2013, 8:35 am
Unions for all practical purposes enjoyed a forty year losing streak from 1895 (In re Debs) to 1936 (Carter v. [read post]
21 Jun 2013, 3:00 pm
See In re Amer. [read post]
21 Jun 2013, 8:00 am
In re. [read post]
21 Jun 2013, 7:28 am
Steven Mazie of Big Think discusses how Justice Kennedy might vote in Fisher v. [read post]
20 Jun 2013, 10:04 am
Shortly after the Eleventh Circuit’s decision in Actavis, the Third Circuit rejected the “scope of the patent test” in the In re K-Dur Antitrust Litigation and instead applied the “quick look” test to find the reverse payment settlement there presumptively illegal. [read post]
20 Jun 2013, 6:13 am
If you were (or, of course, still are) a Sopranos devotee, you probably remember the episode Kennedy and Heidi during the show’s last season – the one where Tony puts Christopher out of his misery for good. [read post]
20 Jun 2013, 5:00 am
While we’re waiting for the Supreme Court to issue its preemption ruling in the Bartlett case (possibly as early as 10:00 a.m. today), we thought we’d examine the Court’s recent preemption decisions in non-drug/medical device cases, Hillman v. [read post]
19 Jun 2013, 9:32 am
What Salinas v Texas Means to You and Me Say you’re stopped by the police. [read post]
17 Jun 2013, 6:51 pm
(Justice Kennedy wrote separately to disagree with this.)This part of today’s opinion is a sweeping affirmation of federal power to regulate the procedural elements of federal elections—not just “time” and “place” but everything else, from the machines we use to cast our votes to the deadlines states set and the forms they require, the physical accessibility of polling places and the rules for absentee ballots. [read post]
12 Jun 2013, 7:51 am
It’s even less, by the way, if you’re an African American or a Latina. [read post]
6 Jun 2013, 12:31 pm
Accident re-constructionists are still piecing together what happened. [read post]
4 Jun 2013, 9:01 pm
Lautenberg was then re-elected in 2008, at the age of 84. [read post]
4 Jun 2013, 2:04 pm
In preparing to come here, I re-read Duncan Kennedy's The Three Globalizations of Law & Legal Thought. [read post]