Search for: "KENNEDY v. MARSHALL" Results 361 - 380 of 520
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14 Nov 2011, 9:19 am by jpfaff
Kennedy says there was a "serious, objective risk" that Blankenship effectively chose his own judge via his campaign contributions, but he marshals no real evidence to support this claim, and it is not a clear-cut assertion like "parachutes prevent deaths. [read post]
8 Nov 2011, 12:48 pm by Randy Barnett
That difficulty is troubling, but not fatal, not least because we are interpreting the scope of a long-established constitutional power, not recognizing a new constitutional right.This is a remarkably blithe acceptance of a claim of a practically unlimited congressional power that belies Chief Justice Marshall’s injunction in Marbury v. [read post]
3 Nov 2011, 12:10 pm by Kali Borkoski
Casey, the abortion case, is an obvious example, where Justices Souter and Kennedy and O’Connor ended up writing a joint opinion. [read post]
3 Oct 2011, 10:38 am
 It's true that Justice Kennedy's opinion in Lawrence does not use the magic words "fundamental right" (except in discussing Bowers v. [read post]
28 Aug 2011, 3:54 pm by Daniel Solove
His work related to sex offenders has been cited by federal courts and, in particular, the United States Supreme Court majority opinion in Kennedy v. [read post]
26 Aug 2011, 12:41 pm by Laurence Tribe
  As Chief Justice Margaret Marshall explained on behalf of the Supreme Judicial Court of Massachusetts in Goodridge v. [read post]
9 Aug 2011, 6:54 am by Neil Siegel, guest-blogging
 This belief is reflected in the interpretive principle of loose construction first articulated by Chief Justice Marshall in McCulloch v. [read post]
5 Aug 2011, 11:38 am by Steven Schwinn - Guest
Schwinn, an associate professor of law at the John Marshall Law School in Chicago and co-editor of the Constitutional Law Prof Blog. [read post]
19 Jul 2011, 12:51 pm by Buce
 I've been prepping up the Supreme Court's opinion in Stern v. [read post]
24 Jun 2011, 3:47 pm by Stephen Wermiel
  In terms of potential impact, the case of Sorrell v. [read post]