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29 Jun 2023, 9:31 am by Amy Howe
Justice Anthony Kennedy, the author of the UT-Austin decision, retired in 2018 and was replaced by Justice Brett Kavanaugh, while Justice Ruth Bader Ginsburg was succeeded by Justice Amy Coney Barrett. [read post]
25 Jun 2023, 6:00 am by Lawrence Solum
In that case, the statute of wills would have allowed a murderer to inherit from his victim, but the New York Court of Appeals concluded that the statute should be given an equitable interpretation in light of the common law principle against wrong doers profiting from their wrongs. [read post]
22 Jun 2023, 9:28 am by Michael C. Dorf
Consider the following statement by Justice Kennedy, speaking for the majority in Boumediene v. [read post]
21 Jun 2023, 12:28 pm by Josh Blackman
" Second, at conference, Justice Breyer only wanted to grant cert if there were five votes to reverse Bowers: When the nine justices considered in December 2002 whether to take up the appeal, Stevens, Kennedy, David Souter and Ruth Bader Ginsburg voted to hear the case. [read post]
20 Jun 2023, 9:01 pm by Albert W. Alschuler
Court of Appeals for the Third Circuit (15 judges) recently held this statute unconstitutional as applied to a person who pleaded guilty to making a false statement to obtain food stamps almost 30 years ago. [read post]
15 Jun 2023, 3:20 pm by Josh Blackman
That does not surprise people who knew him when he served on the federal appeals court in Denver. [read post]
12 Jun 2023, 6:03 am by Eugene Volokh
Benson, decided Wednesday by the Texas Court of Appeals (Dallas), in an opinion by Justice Erin Nowell, joined by Justices Robbie Partida-Kipness and Nancy Kennedy: Professor Fass is a tenured professor of public policy and affairs at UTD [University of Texas Dallas]. [read post]
8 Jun 2023, 2:21 pm by John Elwood
Court of Appeals for the 3rd Circuit that included two former clerks to Justice Anthony Kennedy (who were appointed by presidents of different parties) reversed, concluding that “the FCRA’s plain text clearly and unambiguously authorizes suits for civil damages against the federal government. [read post]
6 Jun 2023, 8:29 am by Paul R. Recupero
Supreme Court granted the Sacketts’ petition for certiorari after the Ninth Circuit Court of Appeals affirmed a summary judgment motion in favor of the EPA. [read post]
6 Jun 2023, 8:29 am by Paul R. Recupero
Supreme Court granted the Sacketts’ petition for certiorari after the Ninth Circuit Court of Appeals affirmed a summary judgment motion in favor of the EPA. [read post]
6 Jun 2023, 8:29 am by Paul R. Recupero
Supreme Court granted the Sacketts’ petition for certiorari after the Ninth Circuit Court of Appeals affirmed a summary judgment motion in favor of the EPA. [read post]
2 Jun 2023, 7:30 am by Howard Bashman
The post “The Intrigue Behind How Stephen Breyer Became A Federal Judge; Ted Kennedy blocks Jimmy Carter from nominating a Puerto Rican woman to First Circuit” appeared first on How Appealing. [read post]
1 Jun 2023, 2:17 pm
Justice Streeter begins today's opinion by relating a long-ago Court of Appeal decision to the Kennedy assassination:"Before daily life in this country froze on November 22, 1963 at 1:38 p.m. [read post]
1 Jun 2023, 5:04 am by Marcia Coyle
Glossip was found guilty of first degree murder in 1998 but that conviction was thrown out on appeal, and he was found guilty again in 2004. [read post]
The district court and the Ninth Circuit Court of Appeals upheld the EPA’s position, and the Supreme Court granted certiorari. [read post]
  In promulgating new post-Rapanos regulations, the EPA essentially adopted Justice Kennedy’s interpretation. [read post]
25 May 2023, 9:30 pm by Karen Tani
According to the record on appeal, two-thirds of the prayers had overtly Christian theological references. [read post]
25 May 2023, 1:33 pm by Jonathan H. Adler
Court of Appeals for the Ninth Circuit's expansive interpretation of the EPA's regulatory authority and Justice Kennedy's "significant nexus" test for CWA jurisdiction. [read post]