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13 Feb 2023, 4:00 am
Hawks in the Kennedy, Johnson, and Nixon administrations saw the war as a battle to stop the expansion of Godless communism in the name o [read post]
10 Feb 2023, 4:30 am
Here's Justice Kennedy concurring in U.S. [read post]
7 Feb 2023, 8:29 pm
Existing commercial litigation doesn’t give us many answers either. [read post]
7 Feb 2023, 5:59 am
This case highlights that dynamic.The case is Kennedy v. [read post]
6 Feb 2023, 7:28 am
She became a prominent commentator after the 2016 election of Donald Trump, when many Democrats blamed misinformation on social media for his election. [read post]
4 Feb 2023, 6:30 am
” Chief Justice Marshall’s beautifully crafted opinion, in turn, provided a template for Justice Kennedy’s opinion in Obergefell v. [read post]
2 Feb 2023, 2:35 pm
Kennedy Krieger Institute appointed Patricia J. [read post]
1 Feb 2023, 7:31 am
It is therefore a mistake to call these opinions originalist, as many have.Enter Randy Barnett and Lawrence Solum and their recent draft article, "Originalism After Dobbs, Bruen, and Kennedy: The Role of History and Tradition. [read post]
1 Feb 2023, 4:30 am
To many Court observers, we could probably stop there. [read post]
28 Jan 2023, 6:00 am
Kennedy v. [read post]
27 Jan 2023, 7:15 am
For a different take from an originalist perspective, see Originalism after Dobbs, Bruen, and Kennedy: The Role of History and Tradition. [read post]
26 Jan 2023, 7:57 am
Many were inspired by common questions we receive from readers on our live blogs, on Twitter, and on TikTok. [read post]
23 Jan 2023, 1:48 am
Kennedy hosted a gathering of a number of lawyers regarding this problem. [read post]
20 Jan 2023, 6:30 am
The first is essentially what the originalists have been saying in response to that school, namely that there's too much play in the joints, too many different ways to read these underlying normative principles—we're back to the age-old back-and-forth of "your constitutional theory generates indeterminate results and can't constrain judges' politics! [read post]
19 Jan 2023, 10:04 pm
" Apparently, "many" personnel–no more than 29–were "interviewed more than once. [read post]
18 Jan 2023, 4:09 pm
The Sackett petitioners have asked the Supreme Court to limit jurisdiction to wetlands meeting the “reasonably permanent” test, excluding many features that would qualify as WOTUS under the “significant nexus” test, and at oral argument in October many observers perceived a majority of the Court to be skeptical of the “significant nexus” standard. [read post]
16 Jan 2023, 10:07 am
The focus was, as it has been for many members of the contemporary elite--on the wrestling with the signification of the term "justice" and its manifestation as an ideal form suitable for application to the historically situated context of the United States. [read post]
15 Jan 2023, 6:33 pm
With no great revolutionary charismatic figure (or his brother) to mute dissent, it might be assumed that some reaction will eventually succeed in toppling the current government.But of course, that sort of wishful thinking has plagued many both inside and outside Cuba for a generation or more. [read post]
13 Jan 2023, 6:15 am
The NWPR followed the Trump Administration’s 2019 repeal of a 2015 Obama Administration rule (the 2015 Clean Water Rule) that had taken a categorical approach to defining “waters of the United States” and was seen by many as substantially expanding the reach of the statute. [read post]
13 Jan 2023, 6:15 am
The NWPR followed the Trump Administration’s 2019 repeal of a 2015 Obama Administration rule (the 2015 Clean Water Rule) that had taken a categorical approach to defining “waters of the United States” and was seen by many as substantially expanding the reach of the statute. [read post]
