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25 Apr 2016, 5:30 am by JB
" After the Supreme Court decides a non-originalist case like Roe v. [read post]
8 Apr 2016, 6:09 am
Roe, Harvard Law School, on Monday, April 4, 2016 Tags: Bankruptcy, Bondholders, Bonds, Debtor-creditor law, Distressed companies, Restructurings, SEC, Securities Regulation, Trust Indenture Act, U.S. federal courts Social Covenants in Mergers: Legal Promises or Moral Commitments? [read post]
8 Apr 2016, 6:09 am
Roe, Harvard Law School, on Monday, April 4, 2016 Tags: Bankruptcy, Bondholders, Bonds, Debtor-creditor law, Distressed companies, Restructurings, SEC, Securities Regulation, Trust Indenture Act, U.S. federal courts Social Covenants in Mergers: Legal Promises or Moral Commitments? [read post]
17 Feb 2016, 9:40 pm by Joseph Fishkin
 It is something of a mystery why he reserved some of his most vicious and personal written barbs for Justices Anthony Kennedy and Sandra Day O’Connor, the two votes he needed most throughout his career if he hoped to become the Justice Brennan of the right. [read post]
5 Jan 2016, 12:11 pm by Kevin Walsh
Another way of looking at the case is as a signal of the continuing ability of elite influencers like Greenhouse and Siegel to use institutions like The Yale Law Journal and The New York Times to shape the way that Justice Anthony Kennedy thinks about abortion regulation. [read post]
5 Jan 2016, 7:31 am by Reva Siegel and Linda Greenhouse
Casey, the Supreme Court revised the Roe framework to allow the state greater opportunities to protect life throughout pregnancy. [read post]
4 Jan 2016, 8:28 am by Michael Dorf
Casey, Chief Justice William Rehnquist claimed that the controlling joint opinion of Justices Sandra Day O’Connor, Anthony Kennedy, and David Souter rejected two key features of Roe v. [read post]
13 Nov 2015, 12:10 pm by Jonathan H. Adler
Justice Anthony Kennedy co-authored the controlling opinion in Casey, and I would expect him to hold fast to his understanding of what Casey means. [read post]
3 Aug 2015, 10:25 am by Andrew Hamm
  Ginsburg distinguished the same-sex marriage cases as a “completely different situation from Roe v. [read post]
26 Jun 2015, 1:27 pm by Chris Green
” Quite unlike the opinion in Roe v. [read post]
23 Apr 2015, 1:10 pm by Lindsay Stafford Mader
Ginsberg, for example, has indicated that she believes that the court moved on Roe v. [read post]
12 Nov 2014, 7:00 am by Ronald Collins
For one thing, his dissent in Windsor came back to bite him – a number of the lower-court judges who struck down same-sex-marriage bans quoted not only Justice Anthony Kennedy’s majority opinion for support, but also the Scalia dissent. [read post]
5 Sep 2014, 9:30 pm by Dan Ernst
  It includes Beyond Backlash: Legal History, Polarization, and Roe v. [read post]
30 Jun 2014, 4:14 pm by Marci A. Hamilton
Whatever the legal reasoning, the optics are very bad on this one, and whether intentionally or not, they stoke the perception that the Justices are in league with the Catholic bishops in the latter’s attempt to turn the clock back on not just Roe v. [read post]