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13 Jul 2010, 10:50 am by JB
If Kennedy doesn't want to commit himself to holding that the Constitution requires same-sex marriage everywhere in the United States, he may not be a fifth vote to strike down DOMA.The elephant in the room, of course, is the Perry v. [read post]
12 Jul 2010, 5:03 am
Inasmuch as an accord and satisfaction constitutes a contract, it must be shown that the parties set forth the essential elements thereof and had a meeting of the minds to resolve the disputed claim (see Sorrye v Kennedy, 267 AD2d 587, 589 [1999]; Altamuro v Capoccetta, 212 AD2d at 905). [read post]
9 Jul 2010, 2:06 pm by Amanda Frost
  (Starting with Bush v. [read post]
9 Jul 2010, 11:46 am by David S. Cohen
Believe it or not, there's a practical lesson to be learned from the paradox in McDonald v. [read post]
9 Jul 2010, 11:15 am by JB
Virginia in 1967, when only 17 states still banned interracial marriage; or Lawrence v. [read post]
8 Jul 2010, 5:52 pm by David Skeel
I was boarding a plane to Israel a few hours after the Supreme Court handed down its decision in CLS v. [read post]
8 Jul 2010, 5:34 am by Brandon Bartels
 It will always, to a degree, remain the Anthony Kennedy Court as well, until he leaves the bench or one of the conservatives is replaced by a liberal. [read post]
7 Jul 2010, 9:46 pm by Steve Bainbridge
As Richard Epstein explained some years ago in connection with the Supreme Court's decision in Rapanos v. [read post]
7 Jul 2010, 7:53 am by Adam Chandler
United States—the “honest services” case—has “no impact whatsoever” on its prosecution of Ring. [read post]
6 Jul 2010, 9:54 am by Tom Goldstein
  In that sitting, Justice Kennedy wrote the majority opinion in two cases:  Bilski and Graham v. [read post]
5 Jul 2010, 5:31 am by David Snyder
The Court’s decision in Stop the Beach Renourishment, Inc. v. [read post]
4 Jul 2010, 2:03 pm by INFORRM
  It is arguable that Article 10 places the state under a positive obligation to provide such access. [read post]
4 Jul 2010, 12:20 pm
So, with a reminder of the test, Justice Kennedy went on to slap the wrists of the Court of Appeals:"This Court has "more than once cautioned that courts 'should not read into the patent laws limitations and conditions which the legislature has not expressed.'" (Diamond v Diehr (1981). [read post]
4 Jul 2010, 12:14 pm
(picture, left - Justice Kennedy) The test was whether the invention produced a "useful, concrete and tangible result"(State Street Bank & Trust Co v Signature Financial Group (1998) ). [read post]
2 Jul 2010, 3:26 pm by Erin Miller
  And Fisher notes that Stevens hinted this Term in his United States v. [read post]