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4 Jun 2018, 12:25 pm by Ilya Somin
As Justice Elena Kagan notes in her concurring opinion, there was actually an "obvious" potential basis for distinguishing the other three cases from Phillips', because the former did not involve discrimination based on sexual orientation or other legally prohibited classification. [read post]
11 Oct 2022, 11:34 am by Florian Mueller
"Epic's case against Apple is an opportunity to clarify a number of things, and (apart from single-brand markets) the admissibility of certain "justifications" for anticompetitive conduct is an issue Epic and its amici raise.Sitting on the Ninth Circuit by designation is District Judge Michael J. [read post]
30 Nov 2023, 4:00 am by Michael C. Dorf
The lawyer for respondent Jarkesy pointed to some cases in the last three decades in which the Court had fuzzed up the boundary of public rights cases, but, as Justice Kagan pointedly observed, in those cases the Court had expanded the category of public rights, whereas for Jarkesy to win on his Seventh Amendment claim, he needs to show that a heartland public rights case--a civil enforcement action by the government--was not in fact a public rights case.Although attorney Michael… [read post]
16 May 2018, 12:30 pm by Ilya Somin
Their concerns are to a large extent shared by Michael Dorf of Cornell. [read post]
27 Oct 2022, 4:53 am by Emma Snell
Michael Crowley reports for the New York Times. [read post]
9 Oct 2015, 5:57 am by Edward A. Fallone
  Michael Cannon had an “a ha” moment and decided that this provision could provide an entry way for disrupting the entire law. [read post]
31 Dec 2010, 9:59 am by Eric Turkewitz
So  Kagan’s Senate Judiciary questionairre was released, and with drool running [read post]
27 Apr 2024, 2:40 pm by Marty Lederman
 Nor would the treason statute apply to a President who, to take Justice Kagan's vivid hypo, sells nuclear secrets to an enemy nation. [read post]
8 Jun 2014, 9:01 pm by Ronald D. Rotunda
At reargument in September 2009, the Government showcased our new Solicitor General, former Harvard Dean Elena Kagan. [read post]
4 Mar 2010, 12:31 am
Irell & Manella's background in patent litigation helped make Novellus' argument even though it wasn't a patent case, said Jonathan Kagan, trial counsel and a partner in the firm's L.A. office. [read post]
11 Feb 2021, 9:03 pm by Sabrina Minhas
” Justice Stephen Breyer, Justice Sonia Sotomayor, and Justice Elena Kagan advocated leaving all of the restrictions in place, claiming the Court failed to defer to scientific research and calling the decision a “foray into armchair epidemiology. [read post]