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1 Nov 2014, 11:36 am by Walter Olson
Academic panelists will include — among many others — Richard Epstein, Chai Feldblum, Gail Heriot, Lucian Bebchuk, Jonathan Turley, Neal Katyal, Randy Kennedy, our own Jonathan Adler and Nick Rosenkranz, and [Eugene Volokh]. [read post]
30 Oct 2014, 10:54 am
Academic panelists will include — among many others — Richard Epstein, Chai Feldblum, Gail Heriot, Lucian Bebchuk, Jonathan Turley, Neal Katyal, Randy Kennedy, our own Jonathan Adler and Nick Rosenkranz, and me. [read post]
14 Oct 2014, 12:36 pm by June Casey
Moderated by Professor Jonathan Zittrain, Harvard Law School Professor and co-founder and Director of the Berkman Center for Internet & Society. [read post]
14 Oct 2014, 12:00 am
Post by Jonathan Kennedy The Federal Circuit has scheduled oral arguments for the first appeal of an inter partes review ("IPR") decision by the Patent Trial and Appeal Board ("PTAB"). [read post]
6 Oct 2014, 7:15 am
Of course, on this issue, the real question is what Justice Anthony Kennedy thinks. [read post]
11 Sep 2014, 3:43 pm
We want to be fair but we don’t want to be pushovers,” board Chairman Christopher Kennedy said after the meeting. [read post]
2 Sep 2014, 4:50 am by SHG
Kennedy cited an amicus brief to show that there are an “increasing number of gang members” entering the nation’s prisons and jails. [read post]
8 Aug 2014, 1:42 pm
Kennedy used executive authority to prevent thousands of Cubans from being deported, as did Jimmy Carter and Bill Clinton. [read post]
6 Aug 2014, 3:01 pm
It is on this point that even conservative commentators have incorrectly concluded that Chief Justice Roberts, having invented a tax penalty to avoid ruling Obamacare unconstitutional, or swing voter Justice Kennedy, will likewise ignore plain meaning whose consequence is fully resolvable by the political branches. [read post]
31 Jul 2014, 9:01 pm by Vikram David Amar
Also, Justice Kennedy starts this part of his discussion by saying that the federal government “makes the case that the mandate serves . . . [read post]
23 Jul 2014, 7:44 am by Abbe Gluck
  Jonathan Cohn, Ezra Klein, and Wonkblog each have posts detailing how no one involved in the drafting the statute or reporting on its enactment over 2009 and 2010 sees any any proof of the story that the challengers are telling about what the ACA means or what Congress intended. [read post]
17 Jul 2014, 9:01 pm by Vikram David Amar
But, crucially, in Hobby Lobby, Justice Kennedy’s was the fifth vote in a 5-4 case; without Justice Kennedy’s joinder, Justice Alito’s opinion would have lacked a majority. [read post]
2 Jul 2014, 3:48 am by Amy Howe
  in the longer run, we suspect that [it] will generate few, if any, additional victories for commercial employers seeking to impose the costs of their religious convictions on their employees”; Zoe Henson, who in The New Republic offers the perspective of a woman who uses contraception for medical reasons; Jonathan Cohn of The New Republic, who analyzes what he sees as the underlying reasons for some opposition to the mandate; Andrew Koppelman in The New Republic, who describes… [read post]
30 Jun 2014, 6:30 pm
 Justice Kennedy’s concurrence may suggest he would reject such claims, but we’ll have to see. [read post]
26 Jun 2014, 7:48 am
Four justices (Scalia, Thomas, Kennedy, and Alito) concurred in the judgment would have gone further. [read post]
23 Jun 2014, 5:35 pm
Justice Kennedy, who is so often the swing vote on the current Court, agreed with the Chief Justice more often (88%) than he did with any other justice. [read post]