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18 Jun 2023, 9:30 pm
Duncan Kennedy, Harvard Law School, has posted The Bitter Ironies of Williams v. [read post]
15 Jun 2023, 3:20 pm
(Justices Thomas and Alito dissented). [read post]
15 Jun 2023, 10:23 am
Justice Thomas is the only Katz dissenter still on the Court. [read post]
8 Jun 2023, 2:21 pm
Department of Education relisted a petition raising this issue twice before denying review over a dissent by Justice Clarence Thomas, joined by Justice Brett Kavanaugh. [read post]
6 Jun 2023, 8:29 am
” 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
” 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
” 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]
26 May 2023, 10:54 am
In promulgating new post-Rapanos regulations, the EPA essentially adopted Justice Kennedy’s interpretation. [read post]
25 May 2023, 1:33 pm
Justice Thomas concurred, joined by Justice Gorsuch. [read post]
25 May 2023, 8:40 am
Court of Appeals for the 9th Circuit applied the test outlined by Justice Anthony Kennedy in Rapanos v. [read post]
7 May 2023, 5:39 pm
Thomas Law Journal, Forthcoming).Hila Keren, Beyond Discrimination: Market Humiliation and Private Law, (University of Colorado Law Review, Forthcoming).From SSRN (Islam and Islamic Law):A.F.M. [read post]
4 May 2023, 9:51 pm
Why didn't Justice Scalia join Clarence Thomas' strong originalist dissent? [read post]
4 May 2023, 9:01 pm
G) case, in which a concurring opinion by Chief Justice William Rehnquist (joined by Justices Antonin Scalia and Clarence Thomas) hurriedly planted seeds that would become the weed that is modern ISL theory. [read post]
4 May 2023, 4:00 am
A few years ago, I hosted a conference on the career of Justice Anthony Kennedy at my law school. [read post]
3 May 2023, 11:49 am
Did Kennedy flip at some point? [read post]
2 May 2023, 9:01 pm
Taken in historical order, they were Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas, Chief Justice John Roberts, Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett. [read post]
1 May 2023, 6:08 pm
Justice Stevens used some more discretion, but he will still release papers from the tenures of five still-living Justices (O'Connor, Kennedy, Souter, Thomas, and Breyer), and one still-serving Justice (Thomas). [read post]
1 May 2023, 8:57 am
As Justice Kennedy put it, “Our constitutional tradition stands against the idea that we need Oceania’s Ministry of Truth. [read post]
26 Apr 2023, 6:42 am
Here’s the Wednesday morning read: Law firm head bought Gorsuch-owned property (Heidi Przybyla, Politico) Supreme Court Declines to Hear Appeals From Fossil Fuel Companies in Climate Change Lawsuits (Emma Ricketts, Inside Climate News) Supreme Court takes on case about politicians blocking critics on social media (Jordan Rubin, MSNBC) Senators to Introduce Bipartisan Bill Mandating Code of Ethics for Supreme Court (Lindsay Wise & Jess Bravin, The Wall Street Journal) The Supreme… [read post]
23 Apr 2023, 6:36 pm
Next, Biskupic writes about an "understanding" because Chief Justice Roberts and Justice Kennedy concerning Masterpiece Cakeshop and Pavan v. [read post]
