Search for: "Jonathan A. Kennedy"
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26 Jun 2019, 9:01 pm
”Justice Kennedy then translated his populist observations about jury service into constitutional doctrine by tapping into the voting discrimination framework. [read post]
26 Jun 2019, 12:50 pm
While I doubt this is the outcome we will see tomorrow, it is interesting that the replacement of Justice Kennedy with Justice Kavanaugh has not produced (yet) led to a conservative revolution. [read post]
24 Jun 2019, 6:31 am
Although Justice Anthony Kennedy was not particularly shy about overturning precedents he did not like, it is quite possible that his replacement with Justice Brett Kavanaugh will either increase the frequency with which prior precedents are overturned or, more likely, increase the uniformity of the ideological valence of such decisions. [read post]
17 Jun 2019, 10:35 am
This is not to say Justice Kennedy would have disagreed with Justice Kavanaugh's conclusion, however, as this case concerned what entities are constrained by the First Amendment, not the scope of such protections, and Justice Kennedy might also have been sensitive to the broadcaster's own First Amendment interests.) [read post]
17 Jun 2019, 6:41 am
As Justice Kennedy noted in one of his final opinions on the Court, some courts grant agencies "reflexive deference" after only "cursory" examinations of the relevant statutory text. [read post]
23 May 2019, 10:03 am
Kennedy. [read post]
21 May 2019, 3:51 am
” Andrew Hamm covers Kennedy’s remarks for this blog. [read post]
20 May 2019, 2:59 am
Will the liberal wing’s success at piecing together 5-4 majorities survive Justice Kennedy’s departure? [read post]
19 May 2019, 9:01 pm
And even with Justice Kavanaugh’s replacing Justice Kennedy, there is no indication that there are anywhere close to five votes on the current Court to inter Casey (and its predecessor, Roe v. [read post]
17 May 2019, 6:06 am
Courts Posted by Jonathan K. [read post]
14 May 2019, 1:20 pm
" Thomas in Hyatt (quoting Kennedy in Alden v. [read post]
6 May 2019, 9:41 am
As Justice Kennedy noted decades ago, "Minds are not changed in streets and parks as they once were. [read post]
5 May 2019, 4:41 pm
On the same day the Court of Appeal handed down judgment Kennedy v National Trust for Scotland ([2019] EWCA Civ 648 [£])(judgment not presently available on Bailii)(heard 25 to 26 July 2018): The Court of Appeal dismissed an appeal from a decision of Sir David Eady ([2018] EWHC 3368 (QB)). [read post]
11 Mar 2019, 7:08 pm
Guest post by Jonathan Stroud (Unified Patents) and Saurabh Vishnubhakat (Texas A&M Law). [read post]
7 Mar 2019, 9:01 pm
In our two previous columns on the recent lawsuit by a Texas-based nonprofit organization—Faculty, Alumni, and Students Opposed to Racial Preferences (FASORP)—against Harvard Law Review (HLR) for its use of race and gender in selecting its members and authors for publication, we explored challenges the plaintiff faces in establishing standing to sue in federal court, the relationship of Title VI and IX (the statutory provisions the plaintiff has invoked) to the constitutional… [read post]
5 Mar 2019, 8:33 am
Shelley Ross Saxer and Jonathan Rosenbloom, Social-Ecological Resilience and Sustainability (2018). [read post]
4 Mar 2019, 3:22 pm
. ___, ___–___ (2018) (Kennedy, J., concurring). [read post]
26 Feb 2019, 11:03 am
Jonathan Zittrain, Jocelyn Kennedy and I recently submitted a letter to the Committee expressing support for the bill. [read post]
19 Feb 2019, 9:01 pm
Public universities all over the country are grappling with the challenges that arise when members of the university community (especially so-called Registered Student Organizations or RSOs) invite contentious speakers to campus for events that threaten to generate tremendous passion on all sides of controversial issues, and that carry with them the realistic prospect of violence. [read post]
17 Feb 2019, 4:06 pm
There was a comment by Jonathan Heawood in the Press Gazette. [read post]
