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17 Jan 2019, 2:07 pm by Adam Feldman
The next column shows the number of times the liberal bloc was in the majority with the aid of the most common swing vote (The one observation in 1990 involved both White and Justice Sandra Day OConnor siding with the liberals.). [read post]
15 Jan 2019, 3:00 pm by Dan Ernst
Miller, Arizona State University-Sandra Day O'Connor College of Law, has posted Virginia's First Slaves: American Indians:A little known fact of American history and law is the ubiquitous legal enslavement of Indian peoples over much of what is now the United States during colonial and early American times. [read post]
4 Jan 2019, 2:11 pm by Amy Howe
Four justices – Justice Antonin Scalia, joined by then-Chief Justice William Rehnquist and Justices Sandra Day OConnor and Clarence Thomas – believed that courts should stay out of partisan-gerrymandering claims, because it is too hard to come up with a manageable test to determine when politics plays too influential a role in redistricting, while four of their colleagues – Justices John Paul Stevens, Ruth Bader Ginsburg, David Souter and… [read post]
28 Dec 2018, 9:21 am by Victoria Kwan
According to Sotomayor, retired Justice Sandra Day OConnor was in large part responsible for this change, initiating traditions such as justice lunches and making sure to speak to Chief Justice John Roberts, before she left the bench, about the importance of maintaining collegiality. [read post]
17 Dec 2018, 8:02 am by Andrew Hamm
This is the first biography of a justice whose contributions to the Supreme Court in the 1920s were overshadowed in life by those of his more famous colleagues, including Justices Oliver Wendell Holmes and Louis Brandeis, and even in death, because he passed away on the same day as retired Chief Justice William Howard Taft. [read post]
13 Dec 2018, 7:12 am by Richard B. Katskee
But the architects of the First Amendment were very much aware of the concern often voiced by Justice Sandra Day OConnor, and adopted by the Supreme Court, that official “sponsorship of a religious message … sends the ancillary message to … nonadherents that they are outsiders, not full members of the political community, and an accompanying message to adherents that they are insiders, favored members of the political community. [read post]
13 Dec 2018, 2:22 am by Scott Bomboy
An Endorsement Test advocated by Justice Sandra Day OConnor in the Lynch case played a critical role in the Allegheny case. [read post]
11 Dec 2018, 10:03 am by Rick Garnett
It is (well past) time for the Supreme Court to come clean about what it is actually doing in “religion in the public square” cases and to scrap both the three-part Lemon “test” that bar examiners and lower courts are required to pretend is the relevant doctrine and the “no endorsement” rule that was grafted onto it by Justice Sandra Day OConnor – a “refinement,” she called it – in the 1980s. [read post]
11 Dec 2018, 7:07 am by Marci Hamilton
Kurtzman “test” for determining when government action violates the establishment clause and to Justice Sandra Day OConnor’s “endorsement test. [read post]
3 Dec 2018, 2:00 am by mes286
Harvard Law SchoolJames Hodge, Professor of Law, Arizona State University Sandra Day OConnor College of Law, presents today his paper entitled: Constitutional Cohesion and Public Health Promotion, as part of the Health Law Workshop series. [read post]
28 Nov 2018, 11:11 am by Adam Feldman
In terms of more modern justices of interest, Kennedy overturned multiple decisions authored by Justice John Paul Stevens; Justice Clarence Thomas overturned several of Kennedy’s decisions; and several justices, including Rehnquist and Justices Sandra Day OConnor and Antonin Scalia, overturned multiple decisions written by Brennan. [read post]
27 Nov 2018, 12:04 pm by Ilya Somin
But the ruling was a close 5-4 decision, and Justice Sandra Day O'Connor's much-quoted dissent drew extensively on the Michigan Supreme Court's reasoning in Hathcock. [read post]
16 Nov 2018, 12:31 pm by Renwei Chung
Through her research and scholarship, Rubin has emerged as one of the most interesting commentators on happiness. [read post]
9 Nov 2018, 11:25 am by Adam Feldman
Next was Justice Sandra Day OConnor, averaging a difference of over seven. [read post]
4 Nov 2018, 9:03 am by Walter Olson
Justice Sandra Day OConnor’s announcement put me in mind of one of the issues on which she spoke out following her retirement from the Court, namely the practice in many states of electing judges. [read post]
31 Oct 2018, 9:39 am by Eugene Volokh
Their having dated in law school was well-known, but the proposal was not.Nina Totenberg (NPR) reports, based on a discovery by Evan Thomas, whose biography of Justice O'Connor (First) is set to be published in March 2019. [read post]
31 Oct 2018, 8:45 am by Tracy Thomas
Evan Thomas, First: Sandra Day O'Connor (forthcoming 2019) The intimate, inspiring, and authoritative biography of Sandra Day OConnor, America’s first female Supreme Court justice, drawing on exclusive interviews and first-time access to Justice OConnor’s archives—by the New York Times bestselling... [read post]
30 Oct 2018, 9:01 pm by Michael C. Dorf
Last week, retired Supreme Court Justice Sandra Day OConnor announced that, facing the prospect of advancing dementia, she was withdrawing from public life. [read post]
29 Oct 2018, 4:04 am by Edith Roberts
” In a podcast at Howe on the Court, Amy Howe covers last week’s Supreme Court news, including retired justice Sandra Day OConnor’s announcement that “she has been diagnosed with dementia and will no longer participate in public life. [read post]
26 Oct 2018, 5:10 pm by Howard Bashman
“My day with Sandra Day OConnor”: Rich Landers has this essay online at The Spokesman-Review of Spokane, Washington. [read post]