Word: kennedyism
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The answer is that Lott won (by one vote over Tennessee's Lamar Alexander) because he spent the past four years quietly making himself as useful as possible to his colleagues. He lent his old strengths as a backroom dealmaker and a master of arcane Senate rules to sometimes thankless...
Kennedy returned to his alma mater—along with two federal appellate judges—to preside over the contest.
Kennedy subjected the teams to a rigorous questioning. The associate justice asked whether a court should determine how a corporation had lost revenue, reflecting a conclusion he reached earlier this year in a Supreme Court case, Anza v. Ideal Steel Corporation.
“The court should not say what the reasons for lost business are,” Kennedy said. “It is difficult for the courts to say why sales are lost.”
Kennedy and Motz were joined by Merrick B. Garland ’74, who sits on the U.S. Court of Appeals for the District of Columbia.