Search for: "Michael Kagan"
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27 Jun 2018, 9:01 pm
As Verdict columnist and Cornell Law professor Michael Dorf noted on his blog last week, Wayfair exposes some puzzling features of DCC doctrine. [read post]
23 Jun 2020, 9:00 pm
First there is the (still ongoing) dispute, dating back to early May, over whether federal prosecutors can dismiss the criminal charges against former National Security Advisor Michael Flynn now, after he has pleaded guilty and is awaiting sentencing, in spite of concerns the district court judge (Emmet Sullivan) apparently has about the strength of the government’s reasons for wanting to dismiss. [read post]
15 Nov 2023, 1:28 pm
Justice Ketanji Brown Jackson, joined by Justices Sonia Sotomayor and Elena Kagan, filed an opinion dissenting from the denial of certiorari, arguing that the U.S. [read post]
16 Jan 2024, 12:19 pm
Kagan, dissenting). [read post]
2 Jul 2012, 3:31 pm
Second, seven justices, seven justices, including Justice Kagan and Justice Breyer, have said the other center piece of Obamacare, the forced Medicare restructuring that imposed tremendous burden on my 26 states, is unconstitutional. [read post]
19 May 2020, 9:01 pm
Justice Kagan at one point in the oral argument went through a list of positions and asked the attorney representing the defendant-petitioner which of the people holding those positions were and which were not “ministers. [read post]
24 Jan 2019, 9:01 pm
Although, as explained above, the claim should be unavailing because of intra-state federalism principles, we should recognize that when, in the words of Justice Kagan’s Janus dissent last year, the First Amendment is being “weaponized,” the preferred instrument of mass destruction these days is the notion of compelled speech.Lesson #2: Judge Graffeo is Not Alone in his MisunderstandingsThe Supreme Court tried to anticipate and avoid missteps like that taken by Judge… [read post]
28 Jul 2020, 8:14 am
By April Xiaoyi Xu* “I will always be your judge, and you will always be my clerk. [read post]
3 Aug 2023, 1:03 pm
Michael Carroll (w/ Peter Jaszi), Fair Use After Google and Warhol Codification is a big deal; clarifies that fair use is a distinct doctrine, whereas well into 20th century courts were using it as noninfringement. [read post]
17 Jun 2013, 1:31 pm
For the symposium on Michael Greve's The Upside Down Constitution (Harvard University Press 2012).A key concept in Mike Greve's book is the idea of "surplus." [read post]
27 Jul 2024, 6:00 am
On the right, conservatives have echoed Professor Michael Rappaport’s acknowledgement that “presidential immunity does not accord with [the Constitution’s] original meaning. [read post]
2 Aug 2024, 3:00 am
Justice Kagan Calls for a Way to Enforce Supreme Court Ethics Code MSN – Ann Marimow (Washington Post) | Published: 7/25/2024 Justice Elena Kagan said she would support the creation of a committee of judges to examine potential violations of the Supreme Court’s new ethics code, speaking out on a contentious subject as President Biden and others called for reform at the high court. [read post]
11 Aug 2009, 8:04 am
November Surprise Regarding Troopergate: Palin Did Not Break Any Laws, Alaska Board FindsMichael SteeleMan of Steele: RNC Chair Serves Major "Swagger" During Recent InterviewFrom the "Post-Racial" Vault: Slate Magazine Asks Whether Michael Steele Is Barack Obama's "Evil Twin"A Black Progressive Law Professor Responds to News That Michael Steele Will Lead the GOPI have criticized:"Democrats," "Liberals" and… [read post]
21 Jun 2022, 8:39 am
[except for the training of the clergy, holds the Supreme Court.] [read post]
7 Jun 2023, 8:30 am
*This post is part of a symposium on Modernizing Regulatory Review. [read post]
4 Jan 2011, 10:58 am
“For the first time, [the court] actually says it’s criminal to speak out, to associate,” says Michael Deutsch, an attorney with the Chicago-based People’s Law Office and one of the National Lawyers Guild members working with the activists. [read post]
2 Jan 2025, 9:05 pm
” Justice Sonia Sotomayor, joined by Justices Elena Kagan and Ketanji Brown Jackson, dissented and argued that the majority’s view of what the Constitution requires is “plainly wrong” and that it “upends longstanding precedent. [read post]
22 May 2014, 7:44 am
For example, the New Deal/Civil Rights legacy may well give new support to religious conservatives, like Michael McConnell, who argue that the pervasive state interventionism of the modern era require a change in the constitutional base-line for assessing religious access to public facilities and subsidies. [read post]
16 Sep 2021, 1:34 pm
By Haiyun Damon-Feng* One of the cruelest and most devastating Trump-era immigration policies was the Remain in Mexico policy, formally titled the “Migrant Protection Protocols” (MPP).[1] MPP upended decades of established asylum law and practice, forcing asylum seekers to wait in Mexico pursuant to a bilateral agreement between the U.S. and Mexico—where many were kidnapped, raped, tortured, or otherwise exploited or killed for their vulnerability as migrants—while they… [read post]
10 May 2024, 9:01 am
” What’s more, both Sauer and Michael Dreeben, counsel for the Government, largely endorsed the D.C. [read post]
