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17 Jan 2007, 9:24 am
Kennedy may provide a margin to reinforce the Court's constitutional mandates. [read post]
16 Jan 2007, 7:53 am
Consider the Apprendi line of cases, which has produced a set of doctrines (and puzzling exceptions to those doctrines) that are opaque and shaky because of 5-4 votes and flip-flopping Justices (ranging from Thomas in Apprendi to Scalia in Harris to Kennedy in Ring to Ginsburg in Booker). [read post]
12 Jan 2007, 6:20 pm
Going back to Justice Scalia in Medtronic, the Scalia/Kennedy schism therein looks pretty tame compared to the footnote battle of Scalia/Thomas in MedImmune. [read post]
10 Jan 2007, 11:21 am
But Kennedy, like most of the justices, also cares deeply about his own reputation as well as the Court's. [read post]
10 Jan 2007, 9:05 am
Kennedy, is currently clerking for Chief Judge Douglas Ginsburg (D.C. [read post]
9 Jan 2007, 5:43 pm
The most notable and/or controversial nominees: (a) Judge Thomas Hardiman (W.D. [read post]
9 Jan 2007, 12:19 pm
., and Stevens, Kennedy, Souter, Ginsburg, Breyer, and Alito, JJ., joined. [read post]
9 Jan 2007, 7:57 am
Kennedy 1. [read post]
9 Jan 2007, 7:57 am
Kennedy 1. [read post]
30 Dec 2006, 1:29 am
Congratulations to two of my colleagues, Stewart Macaulay and Marc Galanter, for having their work included in the new collection, The Canon of Legal Thought, edited by David Kennedy & William W. [read post]
23 Dec 2006, 1:22 pm
glad you asked. based on posts to this blog and reader responses, the top issues this year were: mcle: mandatory continuing legal education finally caught on in Illinois. spurred by forward thinkers like the 18th Circuit’s favorite son and Chief Justice of the Illinois Supreme Court, Robert “Bob” Thomas, mcle is now a part of doing business. let the parade of vendor-driven hoopla continue. e-filing: first the federal district court, then the bankruptcy court,… [read post]
20 Dec 2006, 8:52 am
By contrast, said Justice Thomas, the "effect on a defendant's fair-trial rights of the spectator conduct to which Musladin objects is an open question in our jurisprudence. [read post]
16 Dec 2006, 2:06 pm
As Justice Thomas's opinion for the Supreme Court reveals, the Ninth Circuit knew next to nothing about the matter it decided:The record contains little concrete information about the buttons. [read post]
13 Dec 2006, 7:17 pm
Benton, Drew Berendts, Angeline Bergh, Stephen Bergmann, Matt Berkau, Brent Berrett, Bryan Berrett, Rus Berrett, Mary Beth, Larry Beute, Joe Biancalana, Todd Bice, Betty Bienert, Joseph Birthisel, Steve Bishop, Kliff Black, Chrissy Blackwell, Sandra Blackwell, Bradford Blair, Jeffrey Blumer, Tim Bock, Greg Bolton, Lyle Bonfigt, Sarah Boone, Dick Boren, Thomas Borup, Rusty Bourland, Jason W. [read post]
12 Dec 2006, 4:03 pm
Justice Kennedy read the caselaw as clearly establishing a defendant's right to a trial free of coercion and intimidation, regardless of whether it comes from the state or from spectators. [read post]
12 Dec 2006, 8:56 am
Justice Anthony Kennedy wrote separately in disagreement with Thomas, noting that some Court precedents -- such as those that discouraged cameras in the courtroom -- cover prejudicial actions by nonstate actors. [read post]
11 Dec 2006, 9:03 am
There are no dissenting opinions, but there are three concurrences, from Stevens, Kennedy, and Souter. [read post]
11 Dec 2006, 8:24 am
Kennedy, David H. [read post]
11 Dec 2006, 7:09 am
Kennedy, David H. [read post]
7 Dec 2006, 2:38 pm
Justices Scalia and Thomas will likely advocate for undoing the damage that Grutter/Gratz created, as may Chief Justice Roberts and Alito. [read post]
