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21 Feb 2018, 8:24 am by Lissa Griffin
Justice Anthony Kennedy, joined by Chief Justice John Roberts, seemed to think that the defendant’s refusal to agree to joinder under Virginia law was effectively a waiver. [read post]
9 Aug 2016, 9:01 pm by Michael C. Dorf
But he erred by doing so in a case that validates an extreme lack of courtesy shown by a school board to one of its students.Follow @dorfonlaw Michael C. [read post]
1 Jan 2023, 9:01 pm by Michael C. Dorf
To do so would be to require what Justice Kennedy’s opinion in Alvarez called an Orwellian “Ministry of Truth. [read post]
20 Mar 2018, 9:01 pm by Michael C. Dorf
Indeed, in Obergefell itself, Justice Kennedy’s majority opinion placed chief reliance on the liberty to marry, with principles of equality entering into the analysis only secondarily.Leveling down may be a valid response to remedy a denial of equality, but where the vice of a law is its denial of liberty, taking the liberty at issue away from a larger group exacerbates rather than remedies the violation.And yet, a right to marry is an odd kind of fundamental right. [read post]
2 Jul 2013, 1:41 pm
Strangelove" (16) "Flight of the Conchords" (4) "Game Change" (2) "Get Smart" (1) "Gran Torino" (10) "Grey Gardens" (13) "I Shouldn't Be Alive" (4) "Limelight" (3) "Meet the Press" (20) "Moby Dick" (5) "My Dinner with Andre" (34) "Mystery Science Theater" (2) "Project Runway" (78) "Romy and Michele's High School Reunion" (3) "Seinfeld" (72) "Sex and the City" (14) "Slacker" (11) "Slumdog Millionaire" (16) "SNL" (60) "Sopranos" (50) "South Park" (71) "Star Trek" (12) "Star Wars" (25) "Survivor" (50)… [read post]
24 Feb 2007, 6:47 am
Anthony Kennedy is Catholic, but he was also Reagan's third choice. [read post]
2 Jun 2015, 9:01 pm by Michael C. Dorf
As Justice Kennedy explained in Saucier, “the law might be deprived of this explanation were a court simply to skip ahead to the question whether the law clearly established that the officer’s conduct was unlawful in the circumstances of the case. [read post]
26 Apr 2018, 4:29 am by Edith Roberts
” Another account of the argument comes from Michael Bobelian at Forbes. [read post]
18 Nov 2022, 5:22 am by Jonathan H. Adler
And three are held by liberals (Brunner, Michael Donnelly, and Melody Stewart). [read post]
3 Dec 2009, 11:27 am
 Ginsburg also pressed Michael Meehan, arguing for respondent Francisco Espinosa, on the effect that the Court’s decision in this case might have on other kinds of debt deemed nondischargeable by the Code, including child support arrears and taxes. [read post]
13 Apr 2016, 11:37 am by Eugene Volokh
Michael McConnell was kind enough to pass along some further thoughts about the Zubik v. [read post]
21 Apr 2015, 7:26 am by Michael Geist
The post Copyright For Sale: How the Sony Documents Illustrate the Link Between the MPAA and Political Donations appeared first on Michael Geist. [read post]
22 Feb 2016, 7:18 am by Podhurst Orseck
If the forecast is accurate, Justice Kennedy would have been the fifth vote to overturn the Ninth Circuit — a majority that would evaporate without Justice Scalia’s vote, attorneys noted. [read post]