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21 Oct 2021, 8:37 am by Samuel Bray
This is the third post on equity in the United States v. [read post]
16 Nov 2022, 6:50 am by Samuel Bray
If you have elementary school age children, you probably know about the "Who Would Win? [read post]
6 Jan 2023, 8:01 am by Samuel Bray
[A New Course at Notre Dame Law School] I am happy to share this guest post by Steven A. [read post]
23 Apr 2024, 9:46 am by Samuel Bray
Brief responses based on the second oral argument this morning: Starbucks wins. [read post]
22 Apr 2024, 6:57 pm by Samuel Bray
Tomorrow the Supreme Court will hear oral argument in Starbucks Corp. v. [read post]
13 Mar 2024, 6:13 am by Samuel Bray
I was delighted to see the Judicial Conference of the United States is acting to promote random case assignment in certain declaratory judgment and injunction cases. [read post]
22 Feb 2024, 9:06 am by Samuel Bray
The Mischief Rule, an article on statutory interpretation that I published several years ago, begins this way: A Tennessee statute imposed duties on railroad engineers. [read post]
16 Jul 2021, 7:11 pm by Samuel Bray
The new federal district court decision on immigration is getting lots of attention. [read post]
31 Oct 2018, 8:45 am by Samuel Bray
Time for Congress to ActNick Bagley and I have a piece today in The Atlantic. [read post]
26 Feb 2022, 6:51 pm by Samuel Bray
Aaron Nielson has a fascinating post at the Notice and Comment blog on Arizona v. [read post]
3 Apr 2019, 4:18 am by Samuel Bray
Earlier this week, the Supreme Court decided Bucklew v. [read post]
16 Nov 2023, 6:32 pm by Samuel Bray
If you're interested in the political question doctrine, you should read my colleague Derek Muller's latest post at the Election Law Blog. [read post]
3 Apr 2019, 12:48 pm by Samuel Bray
Compare and contrast this passage from the district court decision holding unconstitutional, under the Second Amendment, the California statute prohibiting magazines with more than ten rounds: Defendant Attorney General Xavier Becerra, and his officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with him, and those duly sworn state peace officers and federal law enforcement officers who gain knowledge of this injunction order, or know of the… [read post]
19 Oct 2021, 7:13 pm by Samuel Bray
Yesterday the United States filed an application in the Supreme Court asking it to intervene in the litigation about the Texas abortion statute, S.B.8. [read post]
6 May 2021, 9:33 am by Samuel Bray
If you've ever wondered what "equity" means, as distinct from "law," here's a primer I recently posted on SSRN. [read post]
30 Nov 2021, 8:45 am by Samuel Bray
My colleague Sherif Girgis passed along these thoughts on Dobbs, which I'm posting with his permission. --- Will the Supreme Court uphold Mississippi's ban on abortions after 15 weeks without fully reversing Roe and Casey and restoring rational-basis review to abortion laws? [read post]
30 Mar 2023, 11:34 am by Samuel Bray
"Few exercises of the judicial power are more likely to undermine public confidence in the neutrality and integrity of the Judiciary than one which casts the Court in the role of a Council of Revision, conferring on itself the power to invalidate laws at the behest of anyone who disagrees with them. [read post]