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29 Mar 2017, 11:22 am by Amy Howe
Justices Anthony Kennedy and Sonia Sotomayor also saw flaws in the details of Williams’ argument. [read post]
For most of the 16 years since the Rapanos decision, the agencies have asserted jurisdiction over waters meeting either Justice Scalia’s relatively permanent standard or Justice Kennedy’s significant nexus standard. [read post]
14 Jul 2010, 11:16 am by Elie Mystal
If I hear one more person refer to Justice Kennedy as some kind of swinging independent, I’m going to scream. [read post]
25 Oct 2012, 10:28 am by Katharine Baker
  Justice Kennedy suggested that the added scrutiny comes from the relational aspects of sex. [read post]
20 Dec 2011, 2:09 pm by Larry Ribstein
It has had a distinguished liberal pedigree, having been advocated by, among others, President Jimmy Carter, Senator Edward Kennedy, political scientist Theodore Lowi, and Common Cause (Breyer 1982; Kysar 2005). [read post]
9 Dec 2010, 10:13 am by Steven Kaufhold - Guest
  In response to a question from Justice Kennedy, Perry asserted that it would not have mattered if the challenged language had been drafted by the advisor’s principal officers and managers – rather than in-house counsel – because “when the statement is adopted by the issuer, it becomes the issuer’s statement. [read post]
16 Jun 2015, 9:01 pm by Michael C. Dorf
Justice Kennedy wrote for himself and Justice Alito. [read post]
27 Apr 2012, 7:16 am by Kevin Russell
  Justices Alito and Kennedy asked similar questions – why shouldn’t the nature of the suit be fixed when it was filed? [read post]
25 Oct 2020, 9:03 pm by Series of Essays
Small Businesses of Color Matter Too October 28, 2020 | Jerome D. [read post]
19 Jun 2010, 5:21 pm by lawmrh
Justice Kennedy said as much, “The ubiquity of those devices has made them generally affordable, so one could counter that employees who need cell phones or similar devices for personal matters can purchase and pay for their own.” Who you are doesn’t matter. [read post]
27 Jun 2007, 12:10 pm
That might make sense as a matter of public policy. [read post]
18 Aug 2006, 3:29 pm
Moreover, in the recent Texas gerrymandering case, I think it is relevant, in analyzing Justice Kennedy's strange opinion, to note his Republican background, since he is clearly sympathetic to the argument that Texas Democrats in effect deserved some payback for their egregious 1990 gerrymander. [read post]
25 May 2011, 12:04 pm by royblack
He tells them he is at Kennedy waiting for his flight. [read post]
25 Jun 2007, 5:20 pm
Justice Kennedy wrote separately to emphasize Flast's "narrow exception" to the taxpayer standing prohibition. [read post]
31 Mar 2011, 5:34 am by SHG
  Paul Kennedy calls it "just plain wrong. [read post]
26 Jun 2007, 4:44 am
The majority (Roberts, Scalia, Kennedy, Thomas, Alito) came out swinging in Hein. [read post]