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1 Jul 2020, 9:01 pm by Vikram David Amar
That is why the state legislature put the matter on the ballot, rather than tried to remove Proposition 209 from the state law all by itself. [read post]
28 May 2015, 8:38 am by Bob Eisenbach
., at 937, bankruptcy courts hear matters solely on a district court’s reference, §157(a),which the district court may withdraw sua sponte or at the request of a party, §157(d). [read post]
28 Jun 2018, 8:00 am by Harold Hongju Koh
As a matter of law, the Trump majority applied an unjustifiably deferential standard of review. [read post]
9 Mar 2010, 10:51 am by Kenneth Anderson
If that is the case, then the customary law threshold matters. [read post]
30 Apr 2007, 11:35 am
The replacement test can be summarized as a "marketplace" test - Justice Kennedy's well-written opinion uses phrases such as "marketplace," "market forces," "market demand" and "market pressure" no less than five times in describing replacement formulations and in holding claim 4 of the Teleflex patent obvious as a matter of law. [read post]
17 Oct 2023, 5:51 am by Phil Dixon
The lineup in the Williams plurality included Chief Justice Roberts and Justices Alito, Kennedy, and Breyer. [read post]
7 Oct 2013, 8:07 pm by Larry Catá Backer
., Antonin Scalia, A Matter of Interpretation: Federal Courts and the Law, edited by Amy Gutmann (Princeton, N.J.: Princeton University Press, 1997) (reviewed here); William Michael Treanor, Against Textualism, Northwestern Law Review 103:983-1006 (2009).We also considered the complexity of separation of powers and checks and balances within a government that has vastly outgrown the original conception of state power envision in the late 18th century. [read post]
26 Jul 2018, 11:55 am by Christopher Walker
Sessions, Justice Anthony Kennedy joined the prior calls by Thomas and then-Judge Neil Gorsuch to reconsider “reflexive deference” to agency statutory interpretations (Chevron deference). [read post]
16 Oct 2015, 6:19 am by Jim Sedor
But the name on a political contribution still matters, for access to political figures and influence with them. [read post]
12 Jun 2009, 3:09 pm
But philosophically, for Justices like Scalia, Thomas, Alito, Kennedy and Roberts, should the issue be so easy? [read post]
21 Jun 2011, 11:47 am by Aaron Pelley
United States: In an opinion written by Justice Kennedy for a unanimous Court, the Court held that Ms. [read post]
14 Nov 2007, 9:29 pm
"  Thus, its discussion suggests that, once the legislature has declared that there is a public purpose for a condemnation, an owner is foreclosed as a matter of law from demonstrating that the stated reason is a pretext. [read post]
9 Apr 2009, 3:48 am
Take a minute to review, and then please follow up by sending an email to your MP if you feel that music and these matters are important to you. [read post]
19 Mar 2007, 10:02 am
The McCain-Kennedy legislation is expected to provide those workers with a way to stay in the country under a temporary worker program, if they pay certain penalties. [read post]
4 Mar 2009, 9:07 am
  Justices Alito and Kennedy raised several hypotheticals, one of which seemed to cause momentary confusion. [read post]
15 Aug 2011, 6:44 pm
  Two of the justices from the conservative majority in those earlier cases – Antonin Scalia and Anthony Kennedy – joined with the four liberals to uphold the validity of the federal drug laws. [read post]