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7 Mar 2019, 9:01 pm by Vikram David Amar
But it is quite possible a court will rule that HLR is sufficiently connected to the university for purposes of triggering Title VI and Title IX while also finding that its admissions and article selection practices are distinct from the activities of educational professionals upheld in Grutter and Fisher.The Fate of University Affirmative Action More GenerallyThus far we have been asking how lower courts, applying existing precedent, might view the HLR matter. [read post]
9 Apr 2015, 9:01 pm by Vikram David Amar
Less Can Be More (Important) Under the First Amendment Let us first consider Justice Kennedy’s questioning of the SCV lawyer. [read post]
28 Apr 2015, 4:17 pm by Mark Walsh
.; Mary Kennedy, the wife of Justice Anthony M. [read post]
11 Mar 2025, 5:57 am by J. William Leonard
” The ability of Congress to insert itself in matters of classification is not without precedent. [read post]
13 Jun 2008, 12:44 pm
Whether the inmates are citizens or not matters not at all. [read post]
5 Jun 2009, 8:13 am
No one wanted to be on record commenting about a potential new boss, or probably more accurately, you simply did not discuss those matters at work. [read post]
14 Mar 2014, 8:08 am by Jason Rantanen
Such views ultimately influenced Justice Kennedy’s prominent concurrence in eBay, which has since led to the routine denial of injunctive relief for NPEs. [read post]
5 Jan 2016, 10:21 am by Freddie Whittle
In fact, the subject stretches far beyond a matter of law and into a matter of attitudes and opinions. [read post]
15 Nov 2011, 2:59 pm by Kedar
As a threshold matter, I think Professor Dorf’s theory is tremendously unlikely. [read post]
4 Nov 2008, 10:18 am
Justice Kennedy: making a “comment” that it was not necessarily impossible for Wyeth to comply with the State law and at the same time the Federal label, as a textual matter, as a logical matter. 2. [read post]
16 Jul 2021, 7:25 am by Erica Blachman Hitchings
In addition, this matter is, to our knowledge, the first settlement of a whistleblower-initiated qui tam action by the Attorney General’s False Claims Division. [read post]
3 Mar 2020, 4:00 am by Alan Macek
The Patent Act, in section 28.3, states: 28.3 The subject-matter defined by a claim in an application for a patent in Canada must be subject-matter that would not have been obvious on the claim date to a person skilled in the art or science to which it pertains, having regard to … (b) information disclosed before the claim date by [almost anyone other than the applicant] in such a manner that the information became available to the public in Canada or elsewhere. [read post]
23 Feb 2011, 12:42 pm by JB
But this announcement is very, very important as a symbolic matter. [read post]
24 Apr 2016, 9:39 am by Guest Blogger
Justice Kennedy has stated that although strict scrutiny need not be fatal, nor should it be feeble. [read post]
19 Dec 2022, 4:00 am by Eric Segall
Kennedy prayed during a period when school employees were free to speak with a friend, call for a reservation at a restaurant, check email, or attend to other personal matters. [read post]
1 Mar 2017, 3:35 am by Douglas Berman
But textualism remained a centerpiece of the argument as Kennedy suggested that legislative history “is unimportant in light of what [18 U.S.C. [read post]