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Elena Kagan

A collection of news and information related to Elena Kagan published by this site and its partners.

Top Elena Kagan Articles see all

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  • Noah Feldman: Why judicial elections are idiotic and bad for law

    Judicial elections are idiotic but 38 states have them in some form. The U.S. Supreme Court grappled Tuesday with the contradiction inherent in using the electoral process to select public officials whose primary obligation is to be impartial. The precise question was whether a Florida rule that prohibits candidates for judicial office from personally soliciting campaign money violates the First Amendment. But the justices were really confronting was what to do about the strange phenomenon of judicial elections, a problem that goes to the essence of how the justices understand their own role. Unfortunately, their sense of judicial self runs headlong into their conception of the First Amendment.
  • A sign of discrimination in Arizona town

    A sign posted on or near a public highway is an expression of speech, but it also can pose safety and aesthetic problems. A community should be free to regulate the distraction and clutter created by public signage so long as it doesn't pick and choose on...

    Who's been naughty and nice in 2014

    It's not only Santa who makes lists and checks them twice. Editorial writers do too. Here's who's getting coal and who's getting candy from us in 2014. Nice: Sen. Dianne Feinstein (D-Calif.), for doggedly insisting on the release of the 499-page...

    Violent speech on Facebook might find 1st Amendment protection, but it can still get you in trouble

    The United States protects free expression to a far greater extent than other liberal democracies. But even many free-speech advocates are uneasy about a case argued in the Supreme Court this week involving a Pennsylvania man who took to Facebook to...

    Court weighs how companies must accommodate pregnant women

    Court weighs how companies must accommodate pregnant women
    In a case that could have a profound impact on the rights of pregnant employees, the Supreme Court on Wednesday wrestled over whether a Maryland UPS driver faced discrimination when she was asked to leave her job because her pregnancy prevented her from...