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10 Jul 2012, 2:11 pm by Edward A. Fallone
If anyone is to blame for the failure of the conservative wing of the Court to seize this opportunity to recalibrate the scales of federal and state power , David Bernstein at The Volokh Conspiracy and Michael Ramsey of the University of San Diego place a great deal of the blame on the shoulders of Justices Scalia and Kennedy. [read post]
8 Jul 2012, 7:48 am by David Bernstein
Raich had come out the other way (it didn’t because Scalia and Kennedy voted with the majority). [read post]
4 Jul 2012, 3:25 pm
In Arizona, though, you see Justice Kennedy writing an opinion that is very strong on the role of the national government in enforcing immigration laws. [read post]
3 Jul 2012, 1:47 pm by Rob Robinson
Follow @InfoGovernance   eDiscovery News Content and Considerations A Solution to the High Cost of eDiscovery: Technology-Assisted Review – http://bit.ly/LJVrFU (Michael Pontrelli) ABA to Tackle Technology Issues in Model Rules at August Meeting – http://bit.ly/LDpFdC (John Barkett) Are You Sure You Want Those Documents? [read post]
2 Jul 2012, 3:31 pm
The fact that this decision does it with vigor I have not seen since the Lopez decision, where it was only a concurring opinion by Justice Kennedy, is remarkable. [read post]
2 Jul 2012, 11:26 am by Max Kennerly, Esq.
Jack Balkin said in May that Obamacare was plainly a tax, and similarly thought Roberts and Justice Kennedy would go that route. [read post]
28 Jun 2012, 8:00 am by ACC Guest Blogger
Michael Medline, president of FGL Sports and executive vice president of Canadian Tire Corporation, was named winner of the business achievement category. [read post]
15 Jun 2012, 6:57 am by Nabiha Syed
” In other news, yesterday Justice Kennedy issued an order that temporarily stayed a decision by the U.S. [read post]
14 Jun 2012, 7:15 am by Cormac Early
” Briefly: In a pair of posts at Verdict and Dorf on Law, Michael Dorf explores the federal courts issues raised by this week’s decision in Elgin v. [read post]
13 Jun 2012, 9:01 am by Conor McEvily
”  Finally, at Slate, Matt Taylor suggests that although Justice Kennedy is likely to hear “about the public opinion of the High Court dipping . . . he won’t care. [read post]
11 Jun 2012, 1:27 am by Kevin LaCroix
  In its June 7, 2012 opinion written by Judge Michael Boudin for a three-judge panel that included retired Supreme Court Justice David Souter sitting by designation, the First Circuit affirmed the lower court’s dismissal of the case, saying that “we conclude that the complaint was deficient but regard the materiality issue as a close call and rest instead on the failure of the complaint to plead facts justifying a reasonable inference of scienter. [read post]
31 May 2012, 7:20 am by Kedar Bhatia
Justice Kennedy most frequently agrees with Chief Justice Roberts, 89.3% of the time. [read post]
29 May 2012, 6:44 am by Joshua Matz
Michael Kirkland of UPI discusses the Court’s recent cert. grant in the national security and surveillance case of Clapper v. [read post]
23 May 2012, 5:52 am by Rob Robinson
Twitter – nyti.ms/KrI71B (Nick Bilton) FAST Searching Coming to Office 15 Server Applications - bit.ly/Jilyyb (Tony Redmond) FBI Campaign on Corporate Espionage Highlights Insider Threats – bit.ly/Jx6Ypj (Russell Miller) FCPA: Compliance And Enforcement Insights - bit.ly/KvbBgQ (Steven Tyrell) Google Overtakes Internet Explorer As Most Popular Browser – Business Insider - read.bi/KW4TDk (Seth Fiegerman) Governmental Access to Data in… [read post]