Search for: "Matter of Kagan"
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30 Jun 2023, 7:57 am
The Chief Justice writes the main opinion, there's a Barrett concurrence, and Justice Kagan dissents, joined by Sotomayor and Jackson.Excerpt from the majority opinion:Among Congress’s most important authorities is its control of the purse. [read post]
29 Jun 2023, 7:49 am
On June 29, 2023 the Supreme Court held that colleges and universities making "admission decisions" that relied, in part, on racial considerations violated the Constitution of the United States. [read post]
29 Jun 2023, 7:49 am
On June 29, 2023 the Supreme Court held that colleges and universities making "admission decisions" that relied, in part, on racial considerations violated the Constitution of the United States. [read post]
29 Jun 2023, 5:00 am
Bad enough, as Justice Kagan warns, that the Supreme Court “appoints itself… the decisionmaker on climate policy” and other critical matters. [read post]
28 Jun 2023, 8:01 am
Kagan wrote the majority opinion joined by Roberts, Alito, Kavanaugh and Jackson. [read post]
27 Jun 2023, 2:14 pm
As a general matter (to oversimplify slightly), the First Amendment rules are much the same in criminal and civil cases based on speech. [read post]
26 Jun 2023, 4:30 am
Justice Kavanaugh wrote for the majority, which comprised himself, Chief Justice Roberts, and Justices Sotomayor, Kagan, and Jackson. [read post]
26 Jun 2023, 4:30 am
Justice Kavanaugh wrote for the Court, joined by the Chief Justice and Justices Sotomayor, Kagan, and Jackson. [read post]
24 Jun 2023, 3:32 am
Otherwise, we risk undermining the force of historical arguments when they matter most. [read post]
23 Jun 2023, 9:32 pm
Otherwise, we risk undermining the force of historical arguments when they matter most. [read post]
23 Jun 2023, 6:37 am
It does not matter that an intervening decision of this Court confirms his innocence. [read post]
22 Jun 2023, 9:28 am
" Although I've referred to § 2255 as containing rules governing habeas petitions, that's not precisely right as a matter of terminology. [read post]
21 Jun 2023, 6:38 am
Per the Court, the “kind of message matters in assessing confusion because consumers are not likely to think that the maker of a mocked product is itself doing the mocking. [read post]
21 Jun 2023, 4:00 am
”[12] In summary, the Court found that “the first fair use factor considers whether the use of a copyrighted work has a further purpose or different character, which is a matter of degree, and the degree of difference must be balanced against the commercial nature of the use. [read post]
20 Jun 2023, 3:10 pm
And given at least three of the justices want to address it, it may only be a matter of time before the Court considers the issue head on. [read post]
20 Jun 2023, 6:07 am
[Eric’s note: this is the post you’ve been waiting for: Prof. [read post]
19 Jun 2023, 7:41 am
In February, Justice Kagan joked that the Supreme Court justices “are not the nine greatest experts on the Internet. [read post]
18 Jun 2023, 9:01 pm
Given the relatively arcane subject matter, Justice Elena Kagan wrote a delightfully lively majority opinion in Polansky parsing the various provisions and sub-provisions of the FCA to conclude that the government’s dismissal motion was timely after all and should be evaluated under Federal Rule of Civil Procedure 41, just like a comparable non-qui-tam motion for voluntary dismissal.Justice Clarence Thomas was the lone dissenter. [read post]
17 Jun 2023, 6:03 pm
Framing matters at the Supreme Court. [read post]
17 Jun 2023, 3:45 am
Little and Rosen argue the Court’s final opinion, written by Justice Elena Kagan, did not explore the intersection of trademark law and humorous expression. [read post]
