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23 Mar 2017, 1:18 pm
Justice Kennedy is still on the Supreme Court. [read post]
13 Feb 2025, 6:30 am
Justice Kennedy began his opinion in Obergefell by telling the stories of the plaintiffs in the case. [read post]
24 Nov 2020, 7:00 am
On one matter, however, changing course will be far more challenging. [read post]
24 Mar 2014, 10:56 am
The Supreme Court hears argument tomorrow morning in the Hobby Lobby and Conestoga Wood cases. [read post]
11 Oct 2023, 6:30 am
For the Balkinization Symposium on Frank Michelman, Constitutional Essentials: On the Constitutional Theory of Political Liberalism (Oxford University Press, 2022)Karl KlareI am grateful for this opportunity to honor Frank and to publicly acknowledge my debt to him for his mentorship; his enthusiastic participation in several of my initiatives; and for the cherished friendship with him and Ellen. [read post]
16 Oct 2018, 8:17 am
The following is a series of questions prompted by the publication of Justin Driver’s “The Schoolhouse Gate: Public Education, the Supreme Court, and the Battle for the American Mind” (Pantheon Books, 2018). [read post]
25 Jun 2024, 3:07 pm
The state argued that, to the extent Rast’s statements were presented to the jury, they were not presented for the truth of matters they asserted, but rather in support of Longoni’s “independent” opinion. [read post]
27 Jan 2016, 9:01 pm
Justice Kennedy even described as “almost axiomatic” the idea that government agencies deal with matters of public concern, so that if a non-member thinks that the union should not be taking one position or another in negotiations, that position is per se political, with the union “making these teachers ‘compelled riders’ for issues on which they strongly disagree. [read post]
27 May 2011, 2:39 pm
As a matter of social policy choice. [read post]
27 May 2011, 11:33 am
As a matter of social policy choice. [read post]
8 Dec 2011, 5:57 am
The critical issue in Williams is not whether any statement from a Cellmark employee was introduced to prove the truth of the matter asserted. [read post]
28 Jun 2011, 7:57 am
So, while we wholeheartedly agree with the decision and are strongly encouraged by the plurality’s reinvigoration of the purposeful conduct test, Justice Kennedy wasn’t able to achieve greater “clarity. [read post]
28 Apr 2017, 9:27 am
” Parker was adamant: no matter how trivial, out you go. [read post]
4 Mar 2014, 1:47 pm
Justice Thomas concurred, and Justices Kennedy and Alito dissented. [read post]
1 Feb 2011, 4:07 pm
The Major League Baseball Players' Association also has a stake in the matter. [read post]
14 Dec 2015, 1:00 am
Kennedy v Cordia (Services) LLP (Scotland), heard 19 October 2015. [read post]
14 Aug 2008, 5:20 pm
Of course, Kennedy did offer a pledge of no-invasion as part of the deal to remove the missiles, but that's another matter. [read post]
29 Nov 2009, 9:03 pm
Does it matter that The Times and other newspapers engage in same-day editorializing on pending cases? [read post]
9 Jun 2009, 4:51 am
Does it matter whether the judge plans to run for reelection? [read post]
28 Jun 2015, 12:34 pm
Whatever the outcome, maybe the hallmark-like words authored by Justice Kennedy in the Supreme Court opinion will leave couples, no matter their orientation, fixated on love and positivism: “No union is more profound than marriage, for it embodies the highest ideals of love, fidelity, devotion, sacrifice, and family. [read post]
