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5 Mar 2012, 5:00 am by J Robert Brown Jr.
   In effect, for Justice Kennedy, disclosure was enough. [read post]
1 Mar 2012, 6:30 am by Kiran Bhat
At Concurring Opinions, Dave Hoffman discusses a recently filed complaint which tests the intentional tort exception to the requirement that a defendant purposefully avail himself of a state’s laws for that state to exercise personal jurisdiction – an exception that Justice Kennedy specifically mentioned in his opinion last Term in McIntyre v. [read post]
29 Feb 2012, 12:56 pm by Dave Hoffman
Nicastro, Justice Kennedy, writing for four Justices, emphasized that personal jurisdiction rested on purposeful availment of the forum state. [read post]
29 Feb 2012, 12:16 pm by Ilya Somin
But I suspect that Justice Kennedy, and possibly some of the other conservative justices, might instead point to the ten percent plan as a superior alternative to racially explicit affirmative action policies – thereby incentivizing other state universities to adopt admissions policies that seek racial balancing while pretending to be race-neutral on the surface. [read post]
28 Feb 2012, 12:05 pm by Lyle Denniston
  Kennedy said: “Suppose an American corporation commits human trafficking with U.S. citizens in the United States. [read post]