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5 May 2019, 4:41 pm
On the same day the Court of Appeal handed down judgment Kennedy v National Trust for Scotland ([2019] EWCA Civ 648 [£])(judgment not presently available on Bailii)(heard 25 to 26 July 2018): The Court of Appeal dismissed an appeal from a decision of Sir David Eady ([2018] EWHC 3368 (QB)). [read post]
15 Aug 2019, 9:30 pm
Do you include fiction on your legal history syllabi? [read post]
14 Feb 2013, 1:23 am
Moderator: to be decided· Makiese Augusto, Permanent Mission of Angola, (Coordinator Least Developed Countries in WTO in Geneva) - presenter· Ermias Biadgleng, Legal Officer, UNCTAD – panel member· Moses Mulumba, Executive Director of Center for Health & Human Rights (CEHURD), Uganda -… [read post]
19 May 2019, 9:01 pm
And even with Justice Kavanaugh’s replacing Justice Kennedy, there is no indication that there are anywhere close to five votes on the current Court to inter Casey (and its predecessor, Roe v. [read post]
21 Mar 2018, 9:01 pm
In my last column, 2020 Election Legal Maneuvering, I described a recent lawsuit filed by some prominent lawyers and law professors challenging Texas’s use of the so-called Winner-Take-All (WTA) approach to selecting the state’s representatives to the so-called Electoral College. [read post]
3 Nov 2011, 8:20 am
Justice Kennedy asked Ms. [read post]
7 Jul 2015, 9:01 pm
Last week’s ruling by the Supreme Court in Arizona Legislature v. [read post]
23 Mar 2017, 9:01 pm
For these and other reasons, even when some justices want to look at subjective evidence of motivation (as with Justice Kennedy’s opinion in the Florida case involving an anti-animal-sacrifice law that was struck down for violating free exercise of religion principles), other justices decline to join them in doing so.Notwithstanding these concerns, however, courts have been willing to accept direct proof of impermissible motive in certain doctrinal areas. [read post]
30 Mar 2014, 5:05 pm
On Wednesday 26 March 2014, the Supreme Court (Lords Neuberger, Mance, Clarke, Wilson, Sumption, Carnwath and Toulson) gave judgment in the case of Kennedy v Charity Commission ([2014] UKSC 20). [read post]
25 Jul 2016, 9:01 pm
FCC, Chief Justice Roberts, joined by Justices Kennedy and Alito, dissented from the application of Chevron deference in a case involving the siting of wireless communication network towers. [read post]
9 Aug 2018, 9:01 pm
He is been roughly in sync with Anthony Kennedy, the justice he once clerked for and now might succeed. [read post]
1 Jul 2019, 9:01 pm
As is typical, the Supreme Court this year delivered some of its biggest rulings at the end of the term. [read post]
28 Feb 2013, 9:01 pm
Justice Alito, writing for himself, Chief Justice Roberts, and Justices Scalia, Kennedy and Thomas, observed that, to have standing to sue in federal court under Article III of the Constitution, a plaintiff must suffer suffer a concrete and particularized injury that is “actual or imminent” and “fairly traceable” to the challenged action. [read post]
23 May 2013, 9:01 pm
Chief Justice Roberts, joined by Justices Kennedy and Alito, dissented. [read post]
27 Aug 2018, 10:53 am
” These writings are not included in my totals or this review; they will be addressed by Jonathan Hafetz in a separate post for this blog. [read post]
30 Jul 2015, 9:01 pm
For many folks, next week’s Republican presidential debate in Cleveland—sponsored by Fox News and Facebook and scheduled to air on the Fox News Channel—fully kicks off the 2016 presidential election season. [read post]
2 Nov 2009, 3:00 am
" Dennis Kennedy, who snuck up behind us in the doorway with is own little troop, says he thinks that Google's best days are behind it as the next generation of search arrives. [read post]
16 Jun 2016, 9:01 pm
Donald Trump’s calls for the judge presiding over the federal fraud lawsuit against Trump University, Gonzalo Curiel, to remove himself from the case because of ethnicity-inspired bias against Mr. [read post]
13 Jul 2017, 9:01 pm
Justice Alito’s opinion rejects (as does Justice Kennedy’s writing for the other grouping of the Court) the government’s argument that the statute can be upheld on the ground that it creates a “limited public forum for private speech. [read post]
12 May 2017, 12:45 pm
I am happy to announce the publication of an article, "Shaping a Global Law for Business Enterprises: Framing Principles and the Promise of a Comprehensive Treaty on Business and Human Rights," that appears in the North Carolina Journal of International Law 42(2): 417-504 (2016).The introduction follows; comments and engagement always welcome. [read post]
