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18 Jun 2013, 9:01 pm
But interestingly, Justice Kennedy was open to the possibility that there should be no presumption against preemption in any cases. [read post]
29 Apr 2014, 7:50 am
Now, how does the presumption of validity bear on the application of that same standard in the court of appeals? [read post]
10 Oct 2011, 7:31 am
1) Concern about scope of application. [read post]
26 Jun 2013, 1:39 pm
By reaching to extend Nollan/Dolan in the way he does, Alito brings the permit application (rather than the demand) to center stage. [read post]
18 May 2012, 8:23 am
Moreover, they contend, the Supreme Court has made the application of First Amendment principles to political campaigns more rational and consistent. [read post]
14 Jun 2018, 9:01 pm
At their best, Justice Kennedy’s writings rise above technical legal doctrine. [read post]
14 Mar 2019, 2:00 am
Bohr is a Shareholder at Gallagher & Kennedy, P.A., in Phoenix, Arizona. [read post]
14 Mar 2019, 2:00 am
Bohr is a Shareholder at Gallagher & Kennedy, P.A., in Phoenix, Arizona. [read post]
25 Jun 2010, 11:20 am
’” In an opinion joined by the Chief Justice and Justices Ginsburg and Alito, Justice Kennedy dissented. [read post]
20 Dec 2018, 1:00 pm
” Justice Kennedy, writing for a three-justice plurality, added three points. [read post]
8 Dec 2008, 7:36 pm
Such a complex test is prone to inconsistent application. [read post]
4 Dec 2008, 5:12 pm
Based on typical voting patterns, I'm tempted to predict that they will vote with the Chief and with Justices Scalia and Kennedy. [read post]
26 Apr 2011, 10:00 am
” In his rebuttal, Shah re-emphasized that the fiduciary exception should not apply because the rationale supporting the common law exception is not applicable against the government. [read post]
7 Nov 2013, 4:39 pm
McIntyre, the two Justices had refused to join a very restrictive theory of state jurisdiction advocated by Justice Kennedy, worrying that it was “unwise to announce a rule of broad applicability without full consideration of the modern-day consequences” of such a theory to modern commerce and communication. [read post]
28 Apr 2010, 7:46 pm
One of my main points in the column was the importance of the iPads as an application platform. [read post]
26 Dec 2011, 8:33 am
Readers will recall that Nicastro resulted in a 6-3 decision with a plurality opinion by Justice Anthony Kennedy. [read post]
20 Jun 2017, 12:46 pm
A trademark examiner refused the application on the basis that the mark disparaged persons of Asian descent and thus violated § 2a of the Lanham Act. [read post]
2 Mar 2008, 10:48 am
He often sides with Scalia and Kennedy. [read post]
24 Apr 2017, 2:18 pm
Justice Kennedy is the most difficult to "read" from oral argument of all the justices. [read post]
4 May 2009, 6:33 am
I saw it when I went to the Admitted Applicant Program and I’ve seen it throughout this year. [read post]
