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10 Jan 2024, 2:12 pm
But it worth noting that Justice Elena Kagan, as I explain in detail in my first “Defining Deference Down” article, did suggest just this in her lengthy 2001 Presidential Administration law review article. [read post]
10 Jan 2024, 9:58 am
But liberal Justice Elena Kagan similarly stated there "there is radical agreement…. that you don't get a pass from unconstitutional conditions analysis just because you've passed generally applicable legislation. [read post]
9 Jan 2024, 6:52 pm
Justice Elena Kagan suggested that the answer would instruct courts to “ask more generally about the proportionality or reasonableness … of the general legislative scheme. [read post]
9 Jan 2024, 12:05 pm
Harvard Law School, The 2015 Scalia Lecture Series: A Dialogue with Justice Elena Kagan on the Reading of Statutes, YouTube, at 08:29 (Nov. 25, 2015), https://youtu.be/dpEtszFT0TgKagan. [read post]
9 Jan 2024, 8:05 am
Law360 has Justice Kagan Cites Ethics Code For 1st Time In RecusalJustice Elena Kagan became the first U.S. [read post]
8 Jan 2024, 5:08 pm
” Justice Elena Kagan asked whether the government should be required to go before a judge in private to explain why someone had been placed on the No Fly List, why they had been removed from the list, and why they would not be returned to the list. [read post]
8 Jan 2024, 10:00 am
ABA Journal, Profs Trade Notes As Law Schools Write Generative AI Policies ABA Journal, Trump Administration Had Worst Supreme Court Record Since At Least FDR Years, Study Says Balls and Strikes, Elena Kagan For President of Harvard University Daily Report Online, Legal Events for Georgia Lawyers Law.com, ABA Proposal to... [read post]
4 Jan 2024, 1:00 pm
“Elena Kagan For President of Harvard University; Kagan, the former Harvard Law School dean who now works in government, was once a finalist for the university president role; Is this her time to come home? [read post]
28 Dec 2023, 9:05 pm
In lieu of our regular Friday feature—”the Week in Review”—The Regulatory Review is today recapping some of the top regulatory news from the past year, including major U.S. [read post]
25 Dec 2023, 4:00 am
11/24/2009: Justice Elena Kagan "was probably at a Chinese restaurant. [read post]
19 Dec 2023, 10:15 am
So when Elena Kagan became the first female solicitor general, there was lots of debate about what she would wear. [read post]
15 Dec 2023, 12:17 pm
At the Jan. 8 conference, the three liberals — Justices Breyer, Elena Kagan and Sonia Sotomayor — and the chief justice opposed hearing the case. [read post]
12 Dec 2023, 3:24 pm
The court’s three liberal justices dissented, with Justice Elena Kagan writing that the 5th Circuit “went far beyond its proper authority. [read post]
7 Dec 2023, 9:05 pm
“It could not have been clearer that what they were saying [in Atlas Roofing] was that the Seventh Amendment was no bar to Congress making a decision that certain kinds of claims were best adjudicated in administrative agencies,” Justice Elena Kagan said during oral arguments on Jarkesy last week. [read post]
7 Dec 2023, 1:16 pm
Before Ketanji Brown Jackson, Amy Coney Barrett, Elena Kagan, Sonia Sotomayor, and Ruth Bader Ginsberg, there was the first, Sandra Day O’Connor. [read post]
5 Dec 2023, 1:08 pm
” In a four-page opinion joined by Chief Justice John Roberts and Justices Samuel Alito, Sonia Sotomayor, Elena Kagan, Neil Gorsuch, and Brett Kavanaugh, the court on Tuesday granted Laufer’s request. [read post]
5 Dec 2023, 1:04 pm
Why, Kagan asked somewhat rhetorically, is this any different? [read post]
4 Dec 2023, 1:42 pm
’” Justice Elena Kagan also appeared skeptical of the government’s position. [read post]
3 Dec 2023, 9:01 pm
”Responding to these developments, Justices Ketanji Brown Jackson, Elena Kagan, and Sonia Sotomayor spent 2023 criticizing their conservative colleagues for their unwillingness to scrutinize even the most egregious miscarriages of justice in death cases.For example, in Barber v. [read post]
2 Dec 2023, 7:53 am
Put somewhat epigrammatically, if you don’t really understand and agree with Elena Kagan’s statement that it’s law “all the way down,” your non-normative constitutional theory isn’t going to be worth much. [read post]
