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12 Nov 2008, 8:24 pm
Kennedy spoke disparagingly, saying “this case is an example of the tyranny of labels. [read post]
8 Oct 2014, 9:26 am by Rory Little
As Justice Kennedy asked with some frustration, “Can North Carolina more or less set us up this way? [read post]
28 Nov 2017, 10:23 am by Ronald Mann
As Kennedy put it, “why couldn’t the Board just say we decline to grant it unless you … eliminate this claim. [read post]
11 Jan 2016, 2:08 pm by Amy Howe
” “It’s a matter of considerable concern,” Breyer emphasized. [read post]
6 Mar 2025, 6:30 am by Guest Blogger
For the Balkinization symposium on Zachary Price, Constitutional Symmetry: Judging in a Divided Republic (Cambridge University Press, 2024).Zachary S. [read post]
28 Mar 2012, 3:00 am by LindaMBeale
He should have added that being able to participate in that market when you need to is a matter of life and death. [read post]
11 Aug 2015, 5:59 am by Mary Jane Wilmoth
Gist and Gist, Kennedy & Associates, Inc.Case Number: 13-cv-01833 (United States District Court for the Northen District of Georgia)Case Filed: May 31, 2013Qualifying Judgment/Order: May 1, 2015 6/30/15 9/28/15 2015-55 SEC v. [read post]
21 May 2020, 2:35 am by Léon Dijkman
First and foremost, there is the matter of the personal-or-household-activity exception. [read post]
31 Jul 2018, 2:52 pm by Ilya Somin
What matters is how the "court-balancing" plan will be perceived by Republicans. [read post]
13 Oct 2016, 12:02 pm by Florian Mueller
"Samsung's counsel proposed focusing on "article of manufacture," which is also what certain amici had advocated in their briefs, and the patent specifications ("the article of manufacture to which a design has been applied is the part or portion of the product as sold that incorporates or embodies the subject matter of the patent"). [read post]
29 Mar 2012, 4:21 pm by Sandy Levinson
" (Indeed, perhaps Anthony Kennedy is already looking foward to casting the fifth vote in favor of same-sex marriage, which will lead political liberals to hug the Court and bless its supremacy.)Incidentally, I've just posted a presentation of my new book Framed at the blog site of the American Constitution Society that, as you might expect, suggests that political progressives need to think more about the entire Constitution and not only the litigated one, advice that I think is… [read post]
16 Jul 2015, 5:00 pm by Kent Scheidegger
  If yes, the law is little changed as a practical matter, and the same people will be convicted, by and large. [read post]
22 Apr 2019, 11:59 am by Adam Feldman
In a 2015 study, Professors Adam Bonica, Adam Chilton and Maya Sen constructed a data-backed account of how attorneys’ preferences matter as well. [read post]
5 May 2010, 11:40 am by John Bursch
First Amendment Cases Chemerinsky – No matter what else the Supreme Court decides this year, Citizens Unitedwill be the most important decision of the 2009 Term. [read post]
26 Sep 2009, 3:14 am
As a threshold matter, my first advice to you is simply this-  forget about it. [read post]
7 Jan 2025, 11:49 am by Patricia Hughes
These aspects of a matter can be called “the preliminary step” or “first step of the analysis”. [read post]
21 May 2010, 12:07 pm by Erin Miller
Texas, Justice Kennedy’s majority opinion pointedly did not mention the constitutional right to privacy. [read post]
22 Apr 2014, 9:01 pm by Michael C. Dorf
By deciding the issue as a state constitutional matter, the appeals court said Proposal 2 placed minority voters—who would benefit from the banned programs—at a disadvantage because they could no longer rely on the ordinary political process to secure such programs. [read post]