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15 Jan 2019, 9:11 am
Justice Elena Kagan similarly offered “a discretionary function light,” under which the TVA would be denied immunity for its “commercial functions,” for which it would be “treated just like any other corporate entity. [read post]
25 Feb 2020, 3:47 pm
But Kagan was clearly not buying it. [read post]
21 Feb 2017, 11:27 am
” Justice Elena Kagan saw it slightly differently, but appeared similarly troubled. [read post]
6 Oct 2020, 1:48 pm
Justice Elena Kagan seemed to agree with Kneedler on the need for Congress to be very clear when it wants to create personal liability for money damages. [read post]
29 Mar 2016, 7:38 am
Seeming agreement that the Sixth Amendment does not apply – but perhaps its “test” does At yesterday’s oral argument, Justices Ruth Bader Ginsburg, followed by Justice Elena Kagan, quickly established that Betterman is not demanding that the criminal case against him (to which he pled guilty) should be dismissed. [read post]
5 Dec 2022, 4:29 pm
Justice Elena Kagan presses Waggoner on a hypothetical that is “not really a hypothetical, because I happen to have two clerks in my chambers this year who are engaged, so, in looking at this case and preparing this case, I looked at their websites. [read post]
30 Oct 2018, 11:39 am
As to the substance of the contract, Justice Elena Kagan focused on contract language that called for the parties to use arbitration “in lieu of any and all lawsuits or other civil legal proceedings,” asking Pincus whether he was arguing that the court should read in an exception for class actions. [read post]
15 Oct 2019, 12:01 pm
Justice Elena Kagan pressed Verrilli to look at the fuller picture. [read post]
19 Mar 2019, 7:28 pm
Justice Elena Kagan asked what would happen if, before the ALJ held a hearing, there was a filing that was not timely. [read post]
4 Dec 2018, 3:31 am
As Justice Elena Kagan put it, “an antidiscrimination provision doesn’t necessarily require a most favored nation clause. [read post]
21 Mar 2024, 7:37 am
Justice Elena Kagan, on the other hand, was more convinced “that the split-second arrest seems to be a key part of the Court’s reasoning” in Nieves – “maybe not all of the Court’s reasoning,” she observed, “but some critical part of it. [read post]
12 Dec 2011, 8:09 am
In an opinion by Justice Kagan in Judulang v. [read post]
6 Mar 2013, 5:54 pm
Justice Elena Kagan agreed with Sotomayor, telling Rein that, under any formula that Congress could come up with to cover jurisdictions that continued to discriminate, Alabama would still be covered. [read post]
9 Jan 2019, 2:33 pm
Justice Elena Kagan was alone among the justices in referring to the friend-of-the-court brief filed by Professors William Baude and Stephen Sachs, but she brought it up repeatedly and for an interesting reason. [read post]
14 Jun 2022, 5:38 pm
Justice Neil Gorsuch filed a dissenting opinion, joined in part by Justices Sonia Sotomayor and Elena Kagan. [read post]
22 Apr 2024, 2:49 pm
Justice Elena Kagan compared sleeping in public, for people who are homeless and have nowhere else to go, to “breathing in public. [read post]
4 Nov 2015, 6:18 am
” Justice Elena Kagan also seemed to suggest that she was leaning toward voting for Lockhart, but for a very different reason. [read post]
15 Apr 2023, 10:36 am
Justice Elena Kagan wrote the opinion for the Court in Axon v. [read post]
19 May 2017, 9:33 am
The following day, Justice Elena Kagan also praised LSC’s work in her remarks at the American Bar Association’s 2017 ABA Grassroots Advocacy Award ceremony. [read post]
28 Mar 2018, 8:51 am
Several justices, including Justices Elena Kagan, Samuel Alito and Sotomayor, however, seemed skeptical of any critique of the nose-counting approach to precedent. [read post]
