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11 Apr 2014, 7:41 am
Judge Scalia is still on the Supreme Court; one of the justices joining the majority, Judge Kennedy, is also still on the Supreme Court. [read post]
15 May 2017, 2:25 pm
I hope my friends like Denis Kennedy Tom Mighell, Dan Hull, Carolyn Elefant and others will start reading me again. [read post]
2 Jul 2013, 6:20 pm
In other words, if the supervisor’s harassment results in what is called a “tangible job detriment,” then the employer is vicariously (strictly) liable no matter how hard it tried to prevent harassment and how much it did to correct things once it learned of the harassment. [read post]
17 Jun 2018, 4:05 pm
But I think that's not right as a matter of Free Exercise Clause precedent, which (at least as the Court interpreted it in Employment Division v. [read post]
3 Jun 2022, 4:30 am
Here are the words Scalia wrote that Posner told me were the most offensive he had ever come across from the modern Court:There is no basis in text, tradition, or even in contemporary practice (if that were enough), for finding in the Constitution a right to demand judicial consideration of newly discovered evidence of innocence brought forward after conviction [even in a capital case].Justices O'Connor and Kennedy, who both joined the majority opinion, were so offended by this idea… [read post]
1 Apr 2014, 7:51 pm
Making matters worse, different federal courts have reach different conclusions when applying the “significant nexus” test. [read post]
29 Apr 2014, 12:20 pm
Martin Luther King, Jr., in 1960 supported John Kennedy. [read post]
21 Mar 2013, 12:43 pm
Questions of Seminole Rock and Auer deference arise as a matter of course on a regular basis. [read post]
28 Jan 2015, 5:10 am
By the familiar 5-4 vote, they said, in an opinion by Kennedy, Florida blew it. [read post]
2 Mar 2014, 6:08 am
Repulsiveness remains repulsive, no matter what. [read post]
7 Feb 2024, 4:02 pm
Every Congress after the McCain-Kennedy immigration bill was introduced in 2005, the new bipartisan compromise moved sharply to the right from the prior version. [read post]
21 Jul 2016, 12:22 pm
He learned that Ted Kennedy had disastrously miscalculated by enabling George W. [read post]
6 May 2022, 2:25 pm
When Caroline Kennedy and Ellen Alderman wrote “In Our Defense: The Bill of Rights in Action” in 1992, they featured this case and discussed my role in it. ● Ridgeway v. [read post]
16 Feb 2014, 7:31 pm
The Australian agency reported in a monthly bulletin that liaison officers asked the NSA for guidance on the matter and received "clear guidance." [read post]
21 Jun 2015, 12:30 am
"Naomi Murakawa, a political scientist and associate professor of African American Studies at Princeton, has written an interesting book that blames both features on American liberals—in particular Harry Truman, Ted Kennedy, and Bill Clinton (and Lyndon Johnson and Joe Biden)—and American liberalism. [read post]
3 Oct 2014, 5:12 am
Others have broadened the critique, charging Justice Kennedy with insulting citizens holding sincere moral beliefs condemning same-sex marriage. [read post]
23 Sep 2020, 3:01 pm
Catt and her political allies presented themselves within the mainstream of American thought on every matter other than women’s suffrage. [read post]
4 Jun 2021, 6:14 am
Churchill needed to warn the British public that France was going to fall, the English army was facing obliteration and a total loss AND that it did not matter and England would go on fighting. [read post]
22 Jul 2020, 12:14 pm
Kennedy v. [read post]
12 Aug 2020, 11:06 am
And in those classes, I show them in some detail how the Court would respond to their counterarguments, and ask them to respond to those responses.I hope it isn’t only a matter of time before I get attacked for compelling students to read racist writings. [read post]