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1 May 2018, 12:51 pm
In concurring portions of the plurality opinion, Justices Kennedy and Thomas, joined by Chief Justice Roberts, note that limited application of the ATS to foreign corporations may likely be deemed favorable by Congress leading legislative action. [read post]
30 Apr 2018, 2:29 pm
That interpretive perspective was central to Justice Kennedy’s reading of the subsequent history of the application of ATS by the courts during the glory days of judicial internationalism grounded in an expansive interpretation of ATS starting with Filartiga v v. [read post]
27 Apr 2018, 10:00 am
” The court, now joined by Justice Gorsuch, turned to that inquiry and found that the case was resolved by Johnson, “a straightforward decision, with equally straightforward application” to §16(b). [read post]
27 Apr 2018, 8:48 am
Roberts and Thomas also joined Kennedy in a plurality opinion basing the decision on the application of the two-part test established in Sosa v. [read post]
26 Apr 2018, 11:00 am
I think you’d have wide deference [to the President], Justice Kennedy. . . . [read post]
26 Apr 2018, 4:29 am
” In his most recent post at Empirical SCOTUS, Adam Feldman examines requests for extensions of time to file cert petitions, looking at “who files them, how the justices respond and what these applications for time extensions contain. [read post]
25 Apr 2018, 1:51 pm
On April 24, 2018, Senators Amy Klobuchar (D-MN) and John Kennedy (R-LA) introduced the Social Media Privacy and Consumer Rights Act of 2018. [read post]
25 Apr 2018, 1:46 pm
Kennedy asked about whether the general rule barring review of consular denials of visa applications governed the case, and Roberts asked Solicitor General Noel Francisco how much weight to accord the court’s earlier decision in Haitian Centers Council v. [read post]
25 Apr 2018, 1:28 pm
Justice Anthony Kennedy is assigned to the U.S. [read post]
25 Apr 2018, 11:34 am
Kennedy asked. [read post]
25 Apr 2018, 11:01 am
” The majority in Kiobel further narrowed the class of potential claims when it found insufficient historical support for the proposition that “Congress also intended federal common law under the ATS to provide a cause of action for conduct occurring in the territory of a foreign sovereign,” and limited ATS claims to those that “touch and concern the territory of the United States … with sufficient force to displace the presumption against extraterritorial… [read post]
25 Apr 2018, 6:50 am
Justice Kennedy, who delivered the opinion of the majority vote, therefore based his reasoning on a cascade of three major arguments that rely on the precedents in Sosa and Kiobel. [read post]
24 Apr 2018, 10:41 am
While Roberts appeared perturbed by the “boilerplate” language in the AO-247 certifying that the judge considered all applicable sentencing factors, others, like Justice Anthony Kennedy, seemed to be equally concerned by the vast workload these thousands of sentencing modifications impose on the federal judiciary. [read post]
24 Apr 2018, 1:03 am
Kennedy also wrote (somewhat disparagingly, I felt) last week about the fact that Australia’s top patent applicant for 2017 was ‘poker machine king Aristocrat Technologies’, under the headline ‘a shocking punt on patent filings’.The numbers in the IP Report do indeed tell us that the number one Australian-based applicant for Australian standard patents in 2017 was Aristocrat Technologies Australia, with 157 filings, followed by CSIRO… [read post]
23 Apr 2018, 12:50 pm
It would not matter that it does not exclude all black applicants, or that a few applicants of other races would also be excluded, because they live in the covered areas. [read post]
20 Apr 2018, 4:22 am
” At his eponymous blog, Ed Mannino explains how “the famous commencement speech of Alexander Solzhenitsyn at Harvard University in 1978 … regarding the decline of the West has application to the situation presented” in Masterpiece Cakeshop v. [read post]
17 Apr 2018, 11:32 am
” Even under the exacting “standard applicable to criminal laws,” Roberts maintained, “§16(b) is not unconstitutionally vague. [read post]
17 Apr 2018, 10:46 am
Sometimes potentially vague statutes have crystal clear applications. [read post]
17 Apr 2018, 3:31 am
Ion Geophysical, the Supreme Court is focused on the extraterritorial application of U.S. [read post]
16 Apr 2018, 8:02 pm
Isn’t this an application to the patent field of the same doctrine? [read post]
