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30 Jul 2021, 7:00 am by Michael C. Dorf
Prior to his retirement, Justice Kennedy was sometimes considered the de facto Chief Justice, because he was both the median Justice and the senior Associate Justice. [read post]
11 Aug 2016, 9:31 am by Sandy Levinson
 As a matter of fact, Hillary Clinton will e the most vulnerable incumbent, in 2020, of any president since Herbert Hoover. [read post]
10 Jun 2019, 6:30 am by Andrew Koppelman
  Breaking its power is a matter of moral urgency. [read post]
15 Nov 2022, 4:00 am by Michael C. Dorf
The Greenhouse effect was after all, based on the hypothesis that the likes of Sandra Day O'Connor and Anthony Kennedy cared what Linda Greenhouse wrote about them in The New York Times.Both sentiments expressed by Justice Thomas were well justified and have proven true over time. [read post]
23 Sep 2020, 12:11 pm by Louise Melling
In that case, Justice Kennedy, writing for the court, upheld a federal law outlawing certain abortion procedures. [read post]
28 Oct 2024, 7:52 am by Beryl Lipton
It doesn’t matter if you think your Little Local Police Department doesn’t need or can’t afford this technology. [read post]
22 Jun 2023, 9:28 am by Michael C. Dorf
Consider the following statement by Justice Kennedy, speaking for the majority in Boumediene v. [read post]
25 Jan 2017, 12:38 pm by Sandy Levinson
Kennedy's assassination and the realization that we would have been far worse off had he lived  and lingered as a severely injured President, perhaps like Woodrow Wilson, is exactly what James Madison thought was true about lots of the Constitution--that is, that the relevant clauses were simply "parchment barriers," not to be taken really seriously. [read post]
27 Jun 2017, 5:34 am by John Jascob
., Kennedy, A., June 26, 2017).The court has not yet addressed a petition filed on the same day as ANZ and asking a similar question. [read post]
24 Mar 2013, 7:14 am by Jack Pringle
  Put it this way, (and borrowing from Dennis Kennedy), you only need a sheet of paper to map out how you communicate and collaborate with your staff and other attorneys. [read post]
12 Mar 2024, 4:00 am by Eric Segall
The rejection of these efforts had major negative impacts on the poor and people of color.And in perhaps the most under-appreciated case in American history in terms of its impact, during this period the Court also held that plaintiffs must prove intentional discrimination to win an equal protection clause case-a racially disproportionally impact, no matter how large, is not enough. [read post]
1 Apr 2015, 3:39 pm by Nelson Tebbe
In an opinion by Justice Kennedy, the Court invalidated the amendment under the Equal Protection Clause, saying that it must have been motivated by animus. [read post]
5 Mar 2018, 1:25 pm by Ilya Somin
One might ask why it matters whether takings cases are litigated in state court or federal court. [read post]
14 Apr 2020, 4:38 am
In re Robert David Moose, Serial No. 86930700 (April 10, 2020) [not precedential] (Opinion by Judge Frances Wolfson).Section 2(a) False Association: Section 2(a), in pertinent part, bars registration of a mark that "Consists of or comprises …matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols …. [read post]
23 Apr 2013, 1:45 pm by Kirk Jenkins
In an opinion by Justice Thomas (with the Chief Justice and Justices Scalia, Kennedy and Alito joining), the Supreme Court reversed the Third Circuit. [read post]
24 Jun 2015, 3:03 pm by Joe Koncelik
Following the Supreme Court decision, many determinations as to whether wetlands or streams were protected under the Clean Water Act were made on a case-by-case basis using Justice Kennedy's "Significant Nexus" Test. [read post]
21 Jun 2020, 8:15 am
Jones, the Deli guy-bowler,  invited Martin to discuss the matter with him outside in the alley. [read post]
20 Aug 2016, 9:21 am by Mark Tushnet
       The seminar was a different matter, and it is one of three encounters with Deutsch’s thought that decisively shaped the way I think about law. [read post]
12 Jan 2012, 1:26 pm
The majority opinion, written by Justice Antonin Scalia, was joined by Chief Justice Roberts, and Justices Kennedy, Thomas, Breyer, and Alito. [read post]