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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, 8:18 pm
” Justice Thomas concurred in the judgment just to make clear that he still wants Almendarez-Torres dead. [read post]
20 Jun 2013, 10:42 am
Justice Kennedy joined Justice Scalia’s opinion in part and filed a separate opinion concurring in part and in the judgment. [read post]
20 Jun 2013, 10:42 am
Justice Kennedy joined Justice Scalia’s opinion in part and filed a separate opinion concurring in part and in the judgment. [read post]
20 Jun 2013, 10:04 am
The K-Durdefendants also petitioned for review by the Supreme Court.The Actavis Majority After recognizing the value of settlements and the costs of patent litigation, Justice Breyer, joined by Justices Kennedy, Ginsburg, Sotomayor, and Kagan, identified a set of five considerations that led the majority to conclude that the FTC should be given the opportunity to prove its antitrust claim:1. [read post]
20 Jun 2013, 9:18 am
Or, at least, not like this, said justices Roberts, Kennedy, Ginsburg, Breyer, Alito, and Sotomayor in an opinion released today. [read post]
20 Jun 2013, 8:47 am
The Court divides 5-to-3, with Justice Scalia writing the majority opinion (joined by Roberts, Kennedy, Thomas and Alito), and... [read post]
20 Jun 2013, 7:37 am
Justice Thomas concurred in the judgment. [read post]
20 Jun 2013, 7:20 am
Scalia and Thomas dissent, so I will take a look at that... in a new post. [read post]
20 Jun 2013, 7:02 am
., and SCALIA, KENNEDY, and THOMAS, JJ., joining. [read post]
20 Jun 2013, 5:00 am
Four of the justices recognizing preemption in Mensing (Thomas, joined by Roberts, Scalia, and Alito) were ready to get rid of it. [read post]
19 Jun 2013, 9:32 am
Opinion Finds The Individual “Must Claim” the Privilege of Not Having Silence Used Against Him In a judgment affirming the CCA opinion with Supreme Court Justices Alito, Roberts, and Kennedy joining in the opinion (written by Alito), the majority opinion explains their position (Justice Thomas filed his concurrence with the judgment and Justice Scalia joined Thomas on it) as follows: Without being placed in custody or receiving Miranda warnings,… [read post]
18 Jun 2013, 9:01 pm
But interestingly, Justice Kennedy was open to the possibility that there should be no presumption against preemption in any cases. [read post]
18 Jun 2013, 9:17 am
Justices Ginsburg, Breyer and Kagan joined the majority opinion in full, and Justice Kennedy joined the opinion in all except Part III-C. [read post]
18 Jun 2013, 9:17 am
Justices Ginsburg, Breyer and Kagan joined the majority opinion in full, and Justice Kennedy joined the opinion in all except Part III-C. [read post]
18 Jun 2013, 12:30 am
The other chapter is on the scholars who followed Pound, from the legal realists Felix Cohen and Karl Llewellyn through important late twentieth-century commentators, especially Robert Gordon, Thomas Grey, Morton Horwitz, Duncan Kennedy, and Stephen Siegel.Roscoe Pound was the key figure both in ending the dominance of historical explanation in American legal scholarship and in creating the influential, though often inaccurate, interpretation of late nineteenth-century legal… [read post]
17 Jun 2013, 11:00 pm
Justice Scalia, DOM's great friend to the defense joined Justice Thomas in concurring in the result, giving the plurality opinion of Roberts, Alito and Kennedy the gravitas of law. [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]
17 Jun 2013, 6:39 pm
The Chief Justice (joined by Justices Scalia and Kennedy) also dissented, advancing similar arguments to those advanced by the Harris majority. [read post]
17 Jun 2013, 2:42 pm
Kennedy. [read post]
