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30 Oct 2017, 5:17 pm by Steve Vladeck
Davis, a widely anticipated capital habeas case about funding levels for federal habeas petitions brought by indigent defendants: Justice Anthony Kennedy said nary a word. [read post]
14 Mar 2021, 6:37 pm by Juvan Bonni
Sobkowski: A Matter of ‘Principal’: A Critique of the Federal Circuit’s Decision in Arthrex V. [read post]
22 May 2008, 2:27 am
In striking down Texas's sodomy statute on liberty grounds, Justice Kennedy describes the right in highly abstract terms. [read post]
8 Jun 2009, 10:50 am by Keith Jones
  As always, please keep me in mind should you need a mediator in any commercial litigation or other matters. [read post]
4 May 2023, 9:01 pm by Vikram David Amar
That, Justice Kennedy rightly suggested, would not be consistent with the principles of Republican government to which the Constitution is textually committed.What we don’t yet know, and what would be fascinating to learn, is precisely how Justice Kennedy was apparently able to convince Justice O’Connor that ISL was not constitutionally correct, and to persuade her to be part of the per curiam but to withhold her vote from the concurrence.Why does it matter… [read post]
3 Jun 2013, 11:58 pm by Jeff Gamso
  And as a practical matter, it's worthless for those purposes even if they were legal. [read post]
25 May 2010, 11:35 am
” The 2nd Circuit’s “any possibility, no matter how unlikely” analysis is inconsistent. [read post]
21 Aug 2011, 8:57 am by Big Tent Democrat
It still survives by a thread BECAUSE Ronald Reagan appointed Sandra Day O'Connor and Anthony Kennedy. [read post]
9 Aug 2010, 6:54 pm by Orin Kerr
Back in January 2008, I asked readers about their policy and constitutional views about a hypothetical law permitting the death penalty for child rape (in light of a then-pending Supreme Court case, Kennedy v. [read post]
12 Jun 2023, 6:03 am by Eugene Volokh
Speech involves a matter of public concern when it involves an issue of social, political, or other interest to a community. [read post]
7 Jul 2011, 3:47 pm by Josh Blackman
The Per Curiam Opinion (from the Chief, and Justices Scalia, Kennedy, Thomas, and Alito, obviously)  in Leal Garcia v. [read post]
7 May 2010, 10:25 am by Helen Fu
Last Friday, the Harvard Kennedy School's Program on Science, Technology & Society hosted a conference to discuss science journalism online. [read post]
14 Feb 2016, 1:33 pm by Neil Siegel
  (The confirmation of Kennedy is arguably consistent with such a convention.) [read post]
10 Mar 2016, 5:00 am
Writing for the Court, Justice Kennedy noted that ERISA’s reporting, disclosure and recordkeeping requirements for welfare benefit plans are extensive (as is true for retirement plans as well). [read post]
10 Mar 2016, 5:00 am by Rich McHugh
Writing for the Court, Justice Kennedy noted that ERISA’s reporting, disclosure and recordkeeping requirements for welfare benefit plans are extensive (as is true for retirement plans as well). [read post]
14 Mar 2008, 4:10 am
To do so would be to deny him the "right to define [his] own concept of existence, of meaning, of the universe, and of the mystery of human life" -- matters "[a]t the heart of liberty. [read post]
6 Oct 2018, 1:10 pm by Amy Howe
” “A vote to confirm Judge Kavanaugh,” McConnell continued, is a vote about the Senate itself, where “the facts matter” and the “politics of personal destruction do not win the day. [read post]
7 Feb 2013, 1:54 pm by Patrick S. O'Donnell
Fromm therefore sometimes came up in Bundy’s briefings of Kennedy. [read post]