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21 Aug 2023, 6:52 pm
This article begins, in Part One, with a consideration of the Roberts Court’s recent jurisprudence, focusing on three landmark opinions issued in June of 2022: Dobbs v Jackson Women’s Health Organization, Kennedy v. [read post]
21 Aug 2023, 6:52 pm by Christine Corcos
This article begins, in Part One, with a consideration of the Roberts Court’s recent jurisprudence, focusing on three landmark opinions issued in June of 2022: Dobbs v Jackson Women’s Health Organization, Kennedy v. [read post]
9 Aug 2023, 1:03 pm by Russell Knight
” In re Custody of McCuan, 531 NE 2d 102 – Ill: Appellate Court, 5th Dist. 1988 “In view of [one spouse’s] much greater ability to pay, we think it was an abuse of discretion to make [the other spouse] pay most of the [children’s] attorney’s fees” In re Marriage of Kennedy, 418 NE 2d 947 – Ill: Appellate Court, 1st Dist. 1981 Guardian Ad Litem fees seem to have no limit beyond what the court deems “reasonable. [read post]
8 Aug 2023, 2:01 pm by Laurence H. Tribe
Others have amply explained how the 1960 Hawaii case has no conceivable application to the events of the 2020 false electors scheme. [read post]
31 Jul 2023, 11:50 am by Josh Blackman
 . lose your ability to help to shape what comes next in the application of that rule. [read post]
17 Jul 2023, 8:10 am by Josh Blackman
In both of these two cases, Justice Kennedy voted with the Court's conservatives in dissent. [read post]
12 Jul 2023, 9:05 pm by Monika U. Ehrman
Supreme Court in May limited the application of the Clean Water Act (CWA) over wetlands, effectively weakening water quality protection legislation while simultaneously foreshadowing a demise of Chevron deference. [read post]
12 Jul 2023, 5:09 am by SHG
In the past, there was a fairly squishy middle to the Court, often hinging on the lone justice who decided the law when the split was four to four and the law became whatever Justice Anthony Kennedy decided the law would be. [read post]
5 Jul 2023, 4:37 pm by INFORRM
Nevertheless, the Irish courts have acknowledged that the law protects reasonable expectations of privacy CRH plc v Competition and Consumer Protection Commission [2017] IESC 34 (29 May 2017) [32] (Charleton J)), albeit that it does so by means of a (constitutional) tort of invasion of privacy (the leading case is Kennedy v Ireland [1987] IR 587 (doc | pdf) (Hamilton P); on the juridical nature of such a claim, see now McGee v Governor of Portlaoise… [read post]
4 Jul 2023, 3:44 pm by Bryan West
The Court began its analysis with a nod to Kennedy Electric – which remains good law on the point that whether or not a person is entitled to a lien is to be strictly construed – but found that OnPoint had a right to lien the portables. [read post]
29 Jun 2023, 12:55 pm by Scott Bomboy
” Roberts said that “at the same time, nothing prohibits universities from considering an applicant’s discussion of how race affected the applicant’s life, so long as that discussion is concretely tied to a quality of character or unique ability that the particular applicant can contribute to the university. [read post]
29 Jun 2023, 9:31 am by Amy Howe
Justice Anthony Kennedy, the author of the UT-Austin decision, retired in 2018 and was replaced by Justice Brett Kavanaugh, while Justice Ruth Bader Ginsburg was succeeded by Justice Amy Coney Barrett. [read post]
25 Jun 2023, 6:00 am by Lawrence Solum
A rule is harder if both the conditions for its application and the consequences that follow are defined by bright-line distinctions that admit of easy application. [read post]
23 Jun 2023, 12:43 am by Thalia Kruger
For instance, in a case where a multinational company headquartered in the Global North causes damage through its subsidiaries or suppliers located in the Global North, the contractual clauses regarding their respective obligations or the private remedies in their contracts brings the questions of which law is applicable or how to enforce such mechanisms. [read post]
22 Jun 2023, 9:28 am by Michael C. Dorf
Consider the following statement by Justice Kennedy, speaking for the majority in Boumediene v. [read post]
20 Jun 2023, 9:01 pm by Albert W. Alschuler
” A retired Justice later reported that Justice Scalia included this declaration at the insistence of Justice Anthony Kennedy, without whose vote the case would have been decided differently.In 2010, when the Court invalidated Chicago’s handgun ban in McDonald v. [read post]
19 Jun 2023, 12:42 pm by Josh Blackman
Reminds me of the era when Justice Kennedy was in charge, and we tried to read tea leaves in his concurrences. [read post]