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12 Dec 2017, 9:30 pm
Verkuil notes that the number of federal civil servants has not increased in decades—it is now at the level it was during the Kennedy Administration. [read post]
12 Dec 2017, 1:18 pm
Marty Schwimmer — yes, trademark law is IP, but for droll straightforwardness he truly is in a category of his own (see Dennis Kennedy item below). [read post]
12 Dec 2017, 10:00 am
Reinforcing this view, in 1978 Congress expressly made the 1941 statute applicable even when there was no state of war between two or more states (see current 8 U.S.C. [read post]
11 Dec 2017, 9:01 pm
ACLU national legal director David Cole, representing the same-sex couple before the Court in Masterpiece Cakeshop, made a powerful argument that all such cases should be judged under and survive the relatively loose standard applicable to content-neutral laws that happen to infringe speech mixed with conduct. [read post]
11 Dec 2017, 1:02 pm
The petition also points out that Justice Kennedy explicitly invited a case like this one and that the case was tailor made for review. [read post]
11 Dec 2017, 7:25 am
As Justice Anthony Kennedy pointed out during the oral argument, mandating the continuation of a law “the state doesn’t want but that the federal government compels the state to have” surely qualifies as commandeering. [read post]
10 Dec 2017, 4:18 pm
Judgments The following reserved judgments after public hearings in media law cases are outstanding: Washington-Carty v Fisher, heard 14 July 2017 (HHJ Moloney QC) Kennedy v The National Trust for Scotlan [read post]
10 Dec 2017, 8:16 am
Written comments are due by Friday, 19 January 2018.Baroness Kennedy, the Chairman of the EU Justice Sub-Committee, stated that “The evidence that we received from four of the UK’s most senior former judges highlighted the dangers of legal uncertainty post Brexit. [read post]
8 Dec 2017, 5:15 pm
., No. 17A570, the high court ordered:The application for a stay presented to Justice Kennedy and by him referred to the Court is granted, and the District Court's September 22, 2017, October 17, 2017,and November 20, 2017 orders, to the extent they require discovery and addition to the administrative record filed by the Government, are stayed pending disposition of the Government's petition for a writ of mandamus or in the alternative a writ of certiorari.Responses to… [read post]
7 Dec 2017, 9:07 am
Kennedy’s administration. [read post]
6 Dec 2017, 4:47 pm
There needs to be discrimination against religion (as opposed to a neutral, generally applicable law), and Kennedy's opinion in that case looked at evidence of the lawmakers' animus toward religion. [read post]
4 Dec 2017, 7:30 pm
The briefing on the government’s application for a stay in both appeals concluded on Thursday, Nov. [read post]
4 Dec 2017, 3:16 pm
Hawaii, No. 17A550:The application for a stay presented to Justice Kennedy and by him referred to the Court is granted, and the District Court's October 20, 2017 order granting a preliminary injunction is stayed pending disposition of the Government's appeal in the United States Court of Appeals for the Ninth Circuit and disposition of the Government's petition for a writ of certiorari, if such writ is sought. [read post]
3 Dec 2017, 4:04 pm
Last Week in the Courts On 24 November 2017 the Court of Appeal in Northern Ireland gave judgment in the case of Deaglan Arthurs v News Group Newspapers dismissing the claimant’s application for an interim injunction restraining publication of information about his father’s personal history. [read post]
28 Nov 2017, 6:02 pm
Moreover, because the case in fact was not removed from state court, several justices (most notably Ginsburg and Justice Anthony Kennedy) seemed to think that the court could not properly consider Kedem’s reading in this case even if the justices did find it plausible. [read post]
28 Nov 2017, 6:28 am
Justices Kennedy and Alito also seem to fall in the same camp. [read post]
26 Nov 2017, 4:39 pm
Last Week in the Courts On 21 November 2017 Sir David Eady heard an application in the case of Kennedy v The National Trust for Scotland. [read post]
19 Nov 2017, 10:00 pm
Kennedy This past week, the USPTO released its final patent fee schedule for 2018. [read post]
16 Nov 2017, 7:45 am
”) R.C. 2505.02(2) (A final order is one that affects a substantial right made in a special proceeding or upon a summary application in an action after judgment.) [read post]
6 Nov 2017, 12:14 pm
I now think it extremely unlikely that Justice Kennedy would vote to outlaw capital punishment, or even adopt any further restraints on its application. [read post]
