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1 Aug 2022, 4:00 am by Howard Friedman
Redding, Islamic Challenges to Pakistan’s Transgender Rights Law, (10 Melbourne Asia Review (2022)).William Wagner, Amicus Brief in Kennedy v Bremerton School District, (U.S. [read post]
18 Jun 2015, 8:17 am by Howard Friedman
But, as a general matter, when the government speaks it is entitled to promote a program, to espouse a policy, or to take a position. [read post]
20 Apr 2017, 5:59 am by Staci Zaretsky
We all knew it would happen eventually, but it was just a matter of which one it would be. [read post]
7 Jun 2013, 2:45 pm by Stephen Griffin
  Justice Kennedy likes to argue that federalism always promotes liberty. [read post]
30 Aug 2018, 9:36 pm by Ryan Mulvey
  In the FOIA context, rather than deferring to agencies on matters of statutory interpretation, courts have shifted deferential treatment to other aspects of litigation. [read post]
30 May 2014, 12:45 pm by Federalist Society
Chief Justice Roberts, as well as Justices Scalia, Kennedy, Thomas, Sotomayor, and Kagan joined the opinion of the Court. [read post]
23 Oct 2017, 1:00 pm by Dan Ernst
Judges deal with an extraordinarily wide variety of disputes, all of which matter greatly to the people involved and some of which are at the center of vital legal issues. [read post]
28 Mar 2013, 7:32 am by Ashley Russell
During argument, Justice Kennedy indicated that there was “a real risk” that DOMA would interfere with the traditional authority of states to regulate marriage. [read post]
30 May 2024, 4:00 pm by Jack Bogdanski
Kennedy Enterprises, Inc. [read post]
26 Jan 2015, 8:00 am
. - Kennedy School of Government) has posted Life in the Global Public Domain: Response to Commentaries on the UN Guiding Principles and the Proposed Treaty on Business and Human Rights. [read post]
8 Jul 2015, 12:30 pm by Karen Tani
Here's the first paragraph:History really matters in Obergefell v. [read post]
2 Nov 2015, 4:00 am by Howard Friedman
Rev 37 (2015)).Mary Leary, Religion and Human Trafficking, (CUA Columbus School of Law Legal Studies Research Paper No. 2015-8).Michael Harper, Distinguishing Disparate Treatment from Disparate Impact; Confusion on the Court, (Boston University Law Review, Vol. 96, 2016, Forthcoming).Joseph Benjamin Landau, Roberts, Kennedy, and the Subtle Differences that Matter in Obergefell, (Fordham Law Review, Vol. 84, No. 101, 2015).Clare Huntington, Obergefell's Conservatism: Reifying… [read post]
22 Oct 2019, 12:09 pm by Ron Friedmann
It requires input from lawyers expert in that type of matter. [read post]
5 Jun 2008, 8:16 am
This, I think, is evidence for my view, which is less reductionist: Justices' ideology/values matter a great deal, but legal argument matters too, even in hard cases. [read post]
10 Jan 2015, 12:24 pm
So (1) there is no “slow degradation of ‘viewpoint-subject matter’ rule” — the term “content-based” was often understood by the court as broader than just “viewpoint-or-subject-matter-based,” starting with Mosley itself — and (2) Justice Kennedy didn’t lead the way in this area. [read post]