Search for: "Michael Kagan"
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16 Jan 2024, 12:19 pm
Kagan, dissenting). [read post]
9 Jan 2024, 12:05 pm
Harvard Law School, The 2015 Scalia Lecture Series: A Dialogue with Justice Elena Kagan on the Reading of Statutes, YouTube, at 08:29 (Nov. 25, 2015), https://youtu.be/dpEtszFT0TgKagan. [read post]
30 Nov 2023, 4:28 am
The leader here was Justice Elena Kagan. [read post]
30 Nov 2023, 4:00 am
The lawyer for respondent Jarkesy pointed to some cases in the last three decades in which the Court had fuzzed up the boundary of public rights cases, but, as Justice Kagan pointedly observed, in those cases the Court had expanded the category of public rights, whereas for Jarkesy to win on his Seventh Amendment claim, he needs to show that a heartland public rights case--a civil enforcement action by the government--was not in fact a public rights case.Although attorney Michael… [read post]
15 Nov 2023, 1:28 pm
Justice Ketanji Brown Jackson, joined by Justices Sonia Sotomayor and Elena Kagan, filed an opinion dissenting from the denial of certiorari, arguing that the U.S. [read post]
13 Nov 2023, 12:37 pm
Justice Jackson, joined by Justice Sotomayor and Justice Kagan, dissented from the decision. [read post]
13 Nov 2023, 7:45 am
Justice Ketanji Brown Jackson dissented, in an opinion joined by Justices Sonia Sotomayor and Elena Kagan. [read post]
15 Aug 2023, 9:01 pm
Justice Alito and his colleagues would do well to recognize a constitutionally valid and sensible effort in Congress to save the Court from itself.Follow @dorfonlaw Michael C. [read post]
11 Aug 2023, 4:00 am
Kagan provided fresh insight into the struggle to craft a policy distinct from the ethics code that applies to other federal judges. [read post]
9 Aug 2023, 4:00 am
Elections National: “DeSantis Replaces 2024 Campaign Manager in Continued Shakeup” by Steve Contorno and Kit Maher (CNN) for MSN Ohio: “Ohio Voters Reject Higher Bar for Altering Constitution, a Win for Abortion Rights Supporters” by Patrick Marley and Rachel Roubein (Washington Post) for MSN Ethics California: “Mayor Aitken Announces Reforms Anaheim City Council Will Start Considering” by Michael Slaton (Orange County… [read post]
3 Aug 2023, 1:03 pm
Michael Carroll (w/ Peter Jaszi), Fair Use After Google and Warhol Codification is a big deal; clarifies that fair use is a distinct doctrine, whereas well into 20th century courts were using it as noninfringement. [read post]
18 Jul 2023, 3:27 pm
In this special episode of the CAFE Insider podcast, Joyce Vance interviews Michael Dreeben, while Preet is out. [read post]
12 Jul 2023, 9:05 pm
In 2004, petitioners Michael and Chantell Sackett began backfilling their lot near Priest Lake, Idaho, seeking to build a home. [read post]
10 Jul 2023, 4:00 am
The Supreme Court’s decision in United States v. [read post]
5 Jul 2023, 10:12 am
As Justice Kagan noted in dissent, this analysis “forces Congress to delegate in highly specific terms—respecting, say, loan forgiveness of certain amounts. . . [read post]
4 Jul 2023, 9:01 pm
Nebraska, allowed Missouri standing on the ground that under the program a state-chartered entity—the Missouri Higher Education Loan Authority (MOHELA)—would lose money in processing fees that it would otherwise receive.However, as Justice Elena Kagan (for herself and the other two Democratic appointees) observed in dissent, none of the resulting financial loss to MOHELA will be passed on to the state. [read post]
18 Jun 2023, 9:01 pm
Justice Neil Gorsuch joined Justice Thomas’s separate opinion in Seila Law, while Justices Brett Kavanaugh and Amy Coney Barrett concurred in Justice Kagan’s majority in Polansky but wrote separately to say that they agreed with Justice Thomas that there are substantial doubts about whether qui tam actions are consistent with Article II.Will History Count? [read post]
7 Jun 2023, 10:46 am
by Michael C. [read post]
7 Jun 2023, 8:30 am
*This post is part of a symposium on Modernizing Regulatory Review. [read post]
6 Jun 2023, 8:29 am
EPA dates back to 2007, when plaintiffs Michael and Chantell Sackett began backfilling their property with dirt and rock, about 300 feet from Priest Lake. [read post]