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22 Jun 2017, 9:41 am
Justice Anthony Kennedy has the last opinion on a day devoted to the criminal law. [read post]
3 May 2022, 11:54 am
“Stare decisis is usually the wise policy, because in most matters it is more important that the applicable rule of law be settled than that it be settled right,” Brandeis wrote. [read post]
20 Jan 2011, 10:35 am
The Court began by addressing AEDPA’s applicability—a question on which the Court had requested briefing when it granted cert. [read post]
19 May 2010, 10:04 pm
Raich -- upholding the application of the federal Controlled Substances Act to marijuana that was locally grown for local consumption. [read post]
1 Nov 2007, 7:29 pm
" Moore, appointed by President Bill Clinton, agreed with Kennedy's reasoning for the decision, adding emphasis on the statute's violation of anonymity under the First Amendment.McKeague, appointed by President Bush, partially dissented on the decision disagreeing with the application of the doctrine and believed that portions of the section could be judicially salvaged. [read post]
1 Nov 2007, 12:21 am
" Moore, appointed by President Bill Clinton, agreed with Kennedy's reasoning for the decision, adding emphasis on the statute's violation of anonymity under the First Amendment.McKeague, appointed by President Bush, partially dissented on the decision disagreeing with the application of the doctrine and believed that portions of the section could be judicially salvaged. [read post]
4 Dec 2008, 4:58 pm
(Notably, Justice Kennedy would later repeat a version of this argument-that the state has taken away damages actions-quite forcefully.). [read post]
13 Oct 2016, 8:17 am
Kennedy, for example, asked, “who would they be? [read post]
3 Mar 2015, 2:15 pm
” Thus, Urbanski stressed, the only question a federal habeas court should ask is whether that determination “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States. [read post]
24 Mar 2014, 4:32 am
The lineup in that ruling, by the way, was interesting: conservative Justice Antonin Scalia joined by conservative Justice William Rehnquist, moderate conservative Justice Anthony Kennedy, moderate Justice Byron White, and moderate liberal Justice John Paul Stevens voted for the nondiscrimination rule. [read post]
1 Sep 2010, 3:14 am
Better yet, find a desktop application like Tweetdeck, so that all of your activity in those applications is accessible in one place, and you see that activity by choice.Rule 3: Don't Use Your Inbox as a Library: Time was I would email myself links, articles, and documents so I could evaluate and save elsewhere later. [read post]
5 Aug 2011, 12:45 pm
However, by attempting to use a broadly applicable, equitable principle to address a narrow problem, the Court has contorted the purpose and application of that principle. [read post]
11 Dec 2011, 9:57 am
In response to an observation by Justice Kennedy that its "hard to resist the temptation to peek," the Solicitor General stated that "taking up the temptation to import a look into novelty and nonobviousness in the 101 inquiry [would] be very destabilizing. [read post]
23 May 2010, 8:48 am
See also Kennedy v. [read post]
27 Apr 2010, 10:41 am
" "Shawana Kennedy, AKA Shawana Wade, 33, is charged with stealing $55,000 in Medicaid and Food Stamp assistance during a five-year period. [read post]
1 Apr 2015, 12:23 pm
But it does explain, I think, why someone like Justice Scalia or Justice Kennedy can support Employment Division v. [read post]
10 Nov 2010, 8:21 am
Justices Alito, Scalia and Roberts, who aligned with Justices Thomas and Kennedy to create the majority in Stolt-Nielsen, seemed likely to rule that the class arbitration exclusion clause in the case cannot be rendered unenforceable by the application of California unconscionability law. [read post]
1 Jul 2008, 2:13 pm
Supreme Court opinion, Kennedy v. [read post]
22 Jul 2019, 7:24 am
Justice Kennedy concurred in part and dissented in part, joined by Justice DeWine. [read post]
8 Sep 2015, 8:20 am
The university admits the other one-fourth of its class by examining each application individually, with diversity in mind. [read post]
