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30 Jul 2017, 1:01 am
Kennedy. [read post]
26 Jul 2017, 9:37 am
Justice Kagan’s majority opinion was joined by the Chief Justice and Justices Kennedy, Ginsburg, Breyer, and Sotomayor. [read post]
25 Jul 2017, 10:00 pm
Kennedy The USPTO recently release statistics that over 8,000 patent applications were filed in 2016 related to 3D printing (additive manufacturing). [read post]
24 Jul 2017, 9:30 pm
” Aside from a few categorical exceptions to free speech protection not applicable here, Justice Kennedy said “it is a fundamental principle of the First Amendment that the government may not punish or suppress speech based on disapproval of the ideas or perspectives the speech conveys. [read post]
24 Jul 2017, 7:47 am
Farris, 2006-Ohio-3255 (Ohio’s application of Berkemer, where the court found pre-Miranda statements to be inadmissible because of the officer’s treatment of the suspect, including placing him in a police cruiser, among other factors, all of which would lead a reasonable person to believe he or she was in custody.) [read post]
20 Jul 2017, 8:51 am
Justice Alito filed an opinion concurring in the judgment in part and dissenting in part, in which the Chief Justice and Justice Kennedy joined. [read post]
18 Jul 2017, 2:36 pm
Justices Kennedy, Alito, and Kagan joined the Chief Justice’s majority opinion in full, and Justices Thomas and Gorsuch joined except as to footnote 3. [read post]
14 Jul 2017, 2:31 pm
The Chief Justice’s majority opinion was joined by Justices Kennedy, Thomas, Breyer, Alito, Sotomayor, and Kagan. [read post]
13 Jul 2017, 9:01 pm
Justice Alito’s opinion rejects (as does Justice Kennedy’s writing for the other grouping of the Court) the government’s argument that the statute can be upheld on the ground that it creates a “limited public forum for private speech. [read post]
13 Jul 2017, 1:41 pm
Using this application, the Court determined that the husband could not have had a pre-existing interest in the property prior to the attachment of the lien. [read post]
12 Jul 2017, 7:40 am
As a general rule, when Justice Anthony Kennedy does not dissent from the grant of a stay and certiorari is granted, the lower court will not stand. [read post]
12 Jul 2017, 5:57 am
And the legal argument: … A statute is facially invalid under the First Amendment if it is “overbroad,” meaning “‘a substantial amount of its applications are unconstitutional, judged in relation to [its] plainly legitimate sweep. [read post]
11 Jul 2017, 10:45 am
Justice Anthony Kennedy reiterated this same point just two years ago in a concurring opinion in Kerry v. [read post]
9 Jul 2017, 2:56 am
But starting in the 1920s, the Court embraced the application of due process and equal protection, despite state laws that conflicted with the 14th Amendment. [read post]
3 Jul 2017, 1:13 pm
Justice Anthony Kennedy has told clerkship applicants for the 2018 term that he is considering retiring, reports NPR. [read post]
3 Jul 2017, 9:34 am
This is the same set of regulations that is currently active, since the courts have stayed the application of the rule pending judicial review. [read post]
3 Jul 2017, 5:58 am
In the comments, Bad Lieutenant fixes the headline to: "But it is unlikely that Kennedy will remain on the court for the full four years of the Trump presidency's first term. [read post]
3 Jul 2017, 4:15 am
At NPR, Nina Totenberg reports on the debut of Justice Neil Gorsuch, concluding that Gorsuch “is probably even more conservative than the justice he replaced, Antonin Scalia”; she also reports that Gorsuch may soon lose his place as the most junior justice, because “it is unlikely that [Justice Anthony] Kennedy will remain on the court for the full four years of the Trump presidency”: Although Kennedy “long ago hired his law clerks for the coming term,… [read post]
1 Jul 2017, 12:00 pm
I wrote last November that the Foreign Emoluments Clause “is on its face a national security provision designed to the protect the country from officers too enmeshed with foreign interests. [read post]
29 Jun 2017, 12:28 pm
United States, also providing a plain-meaning textual analysis of words like “procure” en route to holding that a false statement on an application for refugee status (and later citizenship) must be material in order for the applicant to be guilty of having procured naturalization contrary to law. [read post]
