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3 Jun 2014, 5:46 am
Banks), and public employees keen to speak about official (mis)conduct (Garcetti v. [read post]
26 May 2014, 9:01 pm by Joanna L. Grossman
Justice Kennedy’s opinion reads much like his opinion in Lawrence v. [read post]
22 May 2014, 7:44 am by Bruce Ackerman
For example, the New Deal/Civil Rights legacy may well give new support to religious conservatives, like Michael McConnell, who argue that the pervasive state interventionism of the modern era require a change in the constitutional base-line for assessing religious access to public facilities and subsidies. [read post]
18 May 2014, 9:01 pm by Ronald D. Rotunda
Justice Kennedy, who wrote the opinion of the Court in Lee v. [read post]
11 May 2014, 7:42 pm by INFORRM
” There is a report about the Defence in the Ottawa Citizen. [read post]
7 May 2014, 9:48 am by Lyle Denniston
The filing in Elmbrook School District v. [read post]
6 May 2014, 10:50 am by Lyle Denniston
  But the Kennedy opinion, which controlled the outcome, is filled with broad demonstrations of trust in the good sense of the voting public. [read post]
5 May 2014, 2:48 pm by Sandy Levinson
  From my perspective, she leaves the majority's opinion (written by Justice Kennedy) in absolute shreds by pointing out the degree to which they wish to discuss the facts of the earlier case that upheld legislative prayer in Marsh v. [read post]
5 May 2014, 9:40 am by Howard Friedman
Supreme Court today handed down a 5-4 decision in Town of Greece, New York v. [read post]
5 May 2014, 7:11 am
Justice Kennedy’s decision appears to rest squarely on the Court’s decision in Marsh v. [read post]
29 Apr 2014, 2:13 pm by Ruthann Robson
Tejinder Singh for arguing for Edward Lane (Art Lien) Importantly, the balancing required by Pickering includes weighing the government employer’s interest, even if it is citizen speech on a matter of public concern. [read post]
24 Apr 2014, 10:26 am by Ruthann Robson
Board of Education in 1968, the First Amendment has protected public employees from adverse employment actions when they are “speaking as a citizen” on a matter of public concern. [read post]