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9 Oct 2019, 7:39 am
United States, decided in 2012 with Justices Anthony Kennedy and Antonin Scalia writing the majority opinion and a partial dissent, respectively. [read post]
5 Oct 2010, 10:43 am
Kennedy, from continuing to explore just what the dimensions of that privacy right might be. [read post]
19 Jun 2006, 8:07 pm
I also think Scalia and Kennedy's decisions will go a far way in getting better instructions in 1983 actions.That's all for now. [read post]
20 Feb 2018, 7:30 am
If (as seems very possible) eight justices have already made up their minds, all that really matters may be what Gorsuch thinks. [read post]
[Eugene Volokh] Free Speech Rules, Free Speech Culture, and Legal Education: Responses to Objections
6 Dec 2022, 5:01 am
Fla. 2021) (discussing termination of food service contract that was apparently based in part at opposition to the contractor's criticism of Black Lives Matter protests); Amara Omeokwe, Economist Urged to Drop Post Atop Journal After Criticizing Black Lives Matter, Wall St. [read post]
23 Mar 2016, 11:57 am
” Rather, Justice Kennedy’s majority opinion said, the use of sampling and averages was permissible here because a single employee could have used that type of evidence in an individual, non-class case to calculate his or her own uncompensated overtime pay. [read post]
24 Feb 2012, 11:45 am
What matters is the idea, and the idea is the Free Internet, nothing must get in its way. [read post]
27 May 2015, 3:41 pm
First, infringement and invalidity are separate matters under patent law. [read post]
14 Dec 2022, 12:26 pm
No real explanation on the first matter (the waiver), while the second suggestion was dismissed as "too complicated, and the opposing attorney will never go for it anyway. [read post]
16 Jul 2020, 2:30 pm
But, in a similar vein, not a few progressives are quibbling about results that didn’t nail down a 100% match with their policy and political goals, oblivious to plain-as-day legal constraints that any judge, no matter how left-leaning, would have been bound to respect. [read post]
4 Oct 2022, 6:20 pm
Galloway, 572 U.S. 565,), legislative prayer has become the vehicle for advancing a constitutionalization of history and tradition as a predicate to adjudging the legitimacy of religious practice in a number of other contexts (Kennedy v. [read post]
12 Apr 2015, 9:08 pm
Kennedy had done in the Windsor decision. [read post]
28 Jun 2022, 5:58 am
Charter Fishing Trip“To Have and Have Not” (Warner Bros. 1944) The National Marine Fisheries Service (“NMFS”) published a rule requiring owner and operators of for-hire vessel operating in the Gulf of Mexico to (1) install GPS devices that constantly archived the vessel’s locations, and (2) allow federal fisheries enforcement personnel access to the information. [read post]
11 Oct 2011, 9:00 am
Nor would I say that oral argument never matters. [read post]
10 May 2013, 1:35 pm
The following is a series of questions posed by Ronald Collins on the occasion of the publication of Marcia Coyle’s The Roberts Court: The Struggle for the Constitution (Simon & Schuster, May 2013). [read post]
29 Jun 2015, 6:58 am
Justice French wrote a dissent, joined by Justice Kennedy. [read post]
25 Jun 2012, 3:02 pm
But Justice Kennedy said that, at this moment, this provision has never been enforced. [read post]
16 Apr 2015, 8:18 am
Justice Kennedy’s majority opinion in Windsor emphasized that the federal government has traditionally deferred to state definitions of marriage. [read post]
15 Dec 2011, 8:10 am
Particularly telling, perhaps, is that Justice Kennedy noted that “it seems to me that at the end of the day it’s going to be something very close to interest of justice. [read post]
3 Oct 2013, 12:39 pm
Kennedy rightly dissented. [read post]
