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8 Jul 2022, 8:30 am by JB
  In fact, Justice Kennedy’s opinion in Obergefell specifically rejected the approach that Alito takes in Dobbs. [read post]
8 Jul 2022, 7:09 am by The Petrie-Flom Center Staff
Makin, the Court struck down a Maine law prohibiting the use of public funds to subsidize religious schools, and in Kennedy v. [read post]
7 Jul 2022, 9:36 pm by Josh Blackman
For example, Justice Kennedy declined to overrule Washington v. [read post]
7 Jul 2022, 5:32 am by Eugene Volokh
Kennedy & Eugene Volokh, The New Taboo: Quoting Epithets in the Classroom and Beyond, 49 Cap. [read post]
6 Jul 2022, 6:56 pm
One thinks here of global administrative law[9]fractured and privatized.[10]Legal pluralism,[11] then, has morphed from one focused on many types of the same thing (state based sovereignty founded) legal orders, to one in which legality itself became a part of the mix of plurality.[12]Yet, the discussion has now moved beyond legal pluralism and transnational legal orders.[13] It now has moved from the qualitative character of traditional legal orders to the quantitative approaches of… [read post]
6 Jul 2022, 11:08 am by Heather L. Weaver
Many other states have adopted similar provisions, in some instances dating back two centuries. [read post]
5 Jul 2022, 2:47 pm by Josh Blackman
that Justice Kennedy was in the majority of each major question case. [read post]
5 Jul 2022, 9:59 am by Steve Lubet
The absence of a SCOTUS code of conduct has had many unfortunate consequences. [read post]
4 Jul 2022, 9:01 pm by Vikram David Amar
The two have an intimate professional relationship: Kavanaugh clerked for Kennedy, Kennedy’s retirement from the Court created the vacancy Kavanaugh filled, and many believe Kennedy’s personal support for Kavanaugh helped sway President Trump to pick Kavanaugh. [read post]
2 Jul 2022, 10:10 pm by Josh Blackman
Justice Kennedy, as well as Justice Kagan joined Roberts's opinion, including Footnote 3. [read post]
One state in which many national employers do business – Texas – highlights the potential difficulty in taking affirmative steps in the employment context. [read post]
1 Jul 2022, 4:00 am by Jim Sedor
National/Federal Cassidy Hutchinson’s Testimony Highlights Legal Risks for Trump Yahoo News – Alan Feuer and Glenn Thrush (New York Times) | Published: 6/29/2022 The extent to which the Justice Department’s expanding criminal inquiry into the insurrection at the U.S. [read post]
30 Jun 2022, 11:08 pm by Gene Takagi
Fremont-Smith (Harvard Kennedy School) describe the Restatement here. [read post]
30 Jun 2022, 9:03 pm by Zoe Stern
Hoffman and Strezhnev suggested that virtual courts, easier rescheduling opportunities, and improved mass transit systems would increase access to eviction hearings for many people. [read post]