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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]
16 Jun 2023, 6:11 am by Rob Robinson
Patent and Trademark Office has issued two new patents, No. 11,468,006 (the ‘006  patent) and No. 11,636,088 (the ‘088  patent), for its LayerCake and MachOne applications, respectively. [read post]
8 Jun 2023, 2:21 pm by John Elwood
The court will be considering 145 petitions and applications at this week’s conference. [read post]
7 Jun 2023, 8:50 am by David
Navigating veterans’ claims is complicated, so most applicants hire attorneys or other Veteran Services Organizations (VSOs) to help […] The post Sen. [read post]
6 Jun 2023, 8:29 am by Paul R. Recupero
” Circuit courts have held that a wetland qualifies as a “water of the United States” if it satisfies the “significant-nexus” test proffered by Justice Kennedy. [read post]
6 Jun 2023, 8:29 am by Paul R. Recupero
” Circuit courts have held that a wetland qualifies as a “water of the United States” if it satisfies the “significant-nexus” test proffered by Justice Kennedy. [read post]
6 Jun 2023, 8:29 am by Paul R. Recupero
” Circuit courts have held that a wetland qualifies as a “water of the United States” if it satisfies the “significant-nexus” test proffered by Justice Kennedy. [read post]
1 Jun 2023, 5:04 am by Marcia Coyle
” Scalia and then Kennedy followed Alito’s comments by demanding to know whether the “abolitionist movement’s” efforts should be relevant to the court’s decision. [read post]
22 May 2023, 4:30 am by Lawrence Solum
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]
19 May 2023, 8:53 am by Eric Goldman
A magalicious opinion that addresses the same basic topics as the more recent Kennedy v. [read post]
9 May 2023, 5:16 am by Mark MacCarthy
A report from the Shorenstein Center at the Harvard Kennedy School advocated for a Digital Platform Agency to promote competition and enforce a digital duty of care. [read post]
Those who face gender-based compensation discrimination can sue under the Equal Pay Act or any applicable state law. [read post]
4 May 2023, 5:55 am by Menachem Z. Rosensaft
Kennedy Airport and watched as Linnas, 67, was put on a plane on his way to Tallinn, where he would die several months later in a prison hospital. [read post]