Search for: "Matter of Kagan"
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29 May 2024, 9:01 pm
”But “tradition” is a more complicated matter. [read post]
28 May 2024, 10:03 am
However, the district court found, as a factual matter, that this was not true. [read post]
27 May 2024, 9:12 pm
Justice Kagan said it must depend on the facts of the case; some notes would be testimonial and some not. [read post]
27 May 2024, 8:58 pm
A related matter: Samuels said that Arizona law is clear in this situation that Rast’s statements are not admissible for the truth of what they assert. [read post]
24 May 2024, 6:51 pm
Concurring opinions by Justices Kagan and Jackson aligned with this result while offering important qualifications on the use of text and history. [read post]
23 May 2024, 10:05 pm
I don't have much to say about these doctrinal points in the majority, or Justice Kagan's dissent. [read post]
23 May 2024, 1:23 pm
In her 34-page dissent, Kagan characterized the majority opinion as “seriously wrong. [read post]
20 May 2024, 8:06 am
Concurring opinions by Justices Kagan and Jackson aligned with this result while offering important qualifications on the use of text and history. [read post]
17 May 2024, 5:45 am
" Did Justice Kagan make such an offer? [read post]
10 May 2024, 12:57 pm
Nealy, ruling that, so long as a claim is timely filed, a copyright plaintiff is “entitled to damages, no matter when the infringement occurred. [read post]
10 May 2024, 9:01 am
In Blassingame, the conduct forming the basis of liability was public speech on matters of public concern. [read post]
9 May 2024, 10:07 pm
Justice Kagan's majority opinion "assume[d] without deciding that a claim is timely under that provision if brought within three years of when the plaintiff discovered an infringement, no matter when the infringement happened. [read post]
9 May 2024, 10:55 am
In this case, we assume without deciding that a claim is timely under that provision if brought within three years of when the plaintiff discovered an infringement, no matter when the infringement happened. [read post]
6 May 2024, 6:45 am
” Under presidential administration, as Kagan describes it, regulatory activity increasingly becomes “an extension of [the president’s] own policy and political agenda. [read post]
2 May 2024, 7:50 am
FCC holds, in an opinion by Justice Scalia, that Chevron deference applies even to issues of whether the agency has any jurisdiction over a matter. [read post]
1 May 2024, 4:00 am
Some may protest that this part of the opinion was 7-2, not 5-4, and Justices Kagan and Breyer went along. [read post]
27 Apr 2024, 2:40 pm
Nor would the treason statute apply to a President who, to take Justice Kagan's vivid hypo, sells nuclear secrets to an enemy nation. [read post]
26 Apr 2024, 11:05 am
However, SCOTUS will strike the rule down on one of two grounds: Either: MQD grounds because it is retroactive, because the rule affects the contracts of 30 million, because contracts are perceived to be largely a matter of state law, and because employment is not the FTC’s ‘wheelhouse. [read post]
25 Apr 2024, 6:28 am
As Justice Elena Kagan put it, “It’s got to be the court’s view of the law, right? [read post]
24 Apr 2024, 4:00 am
That unstated conclusion embraces constitutional pluralism and accepts the relevance of history, tradition, and memory to the job of applying our old Constitution to modern times, while recognizing that pre-existing theoretical commitments are much less important to judges than consequences on the ground (no matter how much judges protest in the Shakespearean sense). [read post]
