Elena Kagan and the Religion Clauses

Elena Kagan and the Religion Clauses
The National Law Journal

Many assume that if Elena Kagan is confirmed as a Supreme Court justice, her votes on the Court will come out pretty much the same way as those of her predecessor, John Paul Stevens. But two separate reports issued Wednesday suggest that Kagan may part company with Stevens in cases involving religious liberty. The reports highlight her views on the Establishment Clause and the Free Exercise Clause of the First Amendment, suggesting she may chart a different course.

Discussion on Standards for Bringing a Lawsuit

Assessing the Changing World of Civil Procedure Post-'Twombly,' 'Iqbal'
The National Law Journal

The impact of two landmark Supreme Court rulings that changed the standards that civil lawsuits must meet to proceed is still unclear, legal professionals said Friday during a discussion at the American Constitution Society's annual conference. One plaintiffs lawyer said the resulting plausibility requirement has forced her to reject some cases that she might have taken on prior to the high court's rulings in Twombly and Iqbal because "often the truth is implausible on its face."