Search for: "Michael Kagan"
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8 Nov 2022, 4:00 am
As Michael Burger summarized, “Congress didn’t clearly tell EPA that it could eliminate coal from the fuel mix. [read post]
10 Feb 2023, 2:10 pm
Michael J. [read post]
12 Jul 2023, 9:05 pm
In 2004, petitioners Michael and Chantell Sackett began backfilling their lot near Priest Lake, Idaho, seeking to build a home. [read post]
2 Jun 2022, 9:00 pm
”A few of the Justices (especially Justices Kagan and Breyer) have been extolling the virtues of stare decisis a great deal (albeit somewhat selectively) in recent years, very possibly because they have been anticipating Dobbs or another case like it in the abortion realm. [read post]
22 Mar 2012, 9:22 am
Breyer, Sonia Sotomayor and Elena Kagan. [read post]
12 Jan 2012, 7:59 am
Michael McConnell, here for a post by Adam White, and here for a post by Ed Whelan. [read post]
12 Oct 2022, 4:32 pm
“Let’s say that I’m both a Prince fan, which I was in the ’80s …” Thomas says, before Justice Elena Kagan interrupts him. [read post]
26 May 2015, 9:00 pm
On May 20, Professor Michael C. [read post]
27 Mar 2012, 8:27 pm
Michael A. [read post]
11 Aug 2023, 4:00 am
Kagan provided fresh insight into the struggle to craft a policy distinct from the ethics code that applies to other federal judges. [read post]
15 Apr 2024, 8:52 am
(Michael Buschbacher and James Conde offer a different take on the Little Tucker Act and 28 U.S.C. [read post]
27 Mar 2024, 3:39 pm
”[3] Had Justice Kagan looked deeper into the Court’s case law as well as the letter and spirit of the Constitution, she would have reached a different conclusion. [read post]
9 Oct 2022, 9:04 pm
In dissent, Justices Breyer, Sonia Sotomayor, and Elena Kagan observed that Roe and its precedents allowed states to “prohibit abortions after fetal viability, so long as the ban contained exceptions to safeguard a woman’s life or health. [read post]
1 Mar 2023, 4:40 am
by Michael C. [read post]
14 Dec 2020, 5:23 am
Professor Michael Morley has likewise recognized that these two clauses have been construed “in pari materia. [read post]
4 Dec 2013, 5:20 am
Oral argument transcript here: Most of the questions seemed to me more favorable to Static Control, though Kennedy said almost nothing.Steven B. [read post]
8 Jul 2024, 4:55 am
Gore litigation), while Justices Kagan and Sotomayor likely were worried about an unfavorable decision on the merits (very likely given the three-justice dissent of Alito, Thomas and Gorsuch).In a non-election year, would Justices Roberts, Kavanaugh, and Barrett have joined the three doomsayers of destruction (Thomas, Alito, and Gorsuch) in an opinion saying that the federal law did not preempt state law on abortion? [read post]
2 Feb 2020, 11:48 am
One of his predecessors, Elena Kagan, has herself paid ample attention to texts, unlike an earlier generation (perhaps typified more by her colleague Steven Breyer, who looked at "purpose" and was therefore much less likely to feel confined by "literal" interpretation). [read post]
14 May 2015, 7:04 pm
(Id. at 18-19, dissenting on other grounds).Against this political consensus and judicial backdrop, the current ALI draft is an extreme deviation, focused on expanding criminal sanctions for sexual behavior and expanding the problems cataloged by Justice Kagan. [read post]
29 Oct 2010, 5:54 pm
The head of Staub’s department, Michael Korenchuk, also was critical. [read post]
