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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]
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, 4:30 am
In many cases, the use of algorithms promises to increase efficiency and to promote social welfare; it might also promote fair distribution. [read post]
13 Jan 2023, 4:00 am
Aldy is Professor of the Practice of Public Policy at the Harvard Kennedy School. [read post]
9 Jan 2023, 5:33 pm
In a further critique of deference, Justice Kennedy concurred, urging the Supreme Court to reexamine the “reflexive deference” that many circuits were giving agencies. [read post]
9 Jan 2023, 5:01 am
This vividly illustrates, I think, some of the points that Randy Kennedy and I wrote about in The New Taboo: Quoting Epithets in the Classroom and Beyond with regard to similar demands for expurgating items (there, quoted epithets) from class discussions of source materials, such as court opinions, court records, historical documents, musical works, and so on. [read post]
5 Jan 2023, 11:37 am
These are common counts included in many suits where fraud is alleged in connection with a real estate deal. [read post]
4 Jan 2023, 6:05 am
The Kennedy administration’s response to the Cuban Missile Crisis is a case in point, as is the George H. [read post]
3 Jan 2023, 8:59 am
Join the Kennedy Idea Propulsion Laboratory Community today! [read post]
1 Jan 2023, 9:01 pm
To do so would be to require what Justice Kennedy’s opinion in Alvarez called an Orwellian “Ministry of Truth. [read post]
31 Dec 2022, 4:09 pm
In this and many other ways, she wanted me to develop the love she had for the Bible. [read post]
31 Dec 2022, 10:06 am
Remember Laurence Tribe's infamous letter to President Obama, which said that Kagan, rather than Sotomayor, would be able to build bridges to Justice Kennedy? [read post]
30 Dec 2022, 4:42 pm
We tried to hit as many topics and highlights as we could in this fast-paced episode of The Kennedy-Mighell Report podcast on the Legal Talk Network. [read post]
