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27 Mar 2008, 3:40 pm
(Our thanks to Chad Bray of the Dow Jones Newswires, who is at the courthouse.) [read post]
1 Dec 2020, 9:54 am
Fajans and Falk conclude that it should be a priori excluded from the interpretive options: Beginning our research, we found sparse mention of hendiadys—until Professor Bray's article was published, eliciting considerable comment and other explorations of hendiadys in law. [read post]
22 Nov 2017, 7:32 am
See Sherwin & Bray; Samuel L. [read post]
18 Apr 2022, 8:45 pm
Compare Bray, supra, at 438 n.121; and John Harrison, Section 706 of the Administrative Procedure Act Does Not Call for Universal Injunctions or Other Universal Remedies, 37 Yale J. [read post]
8 Jul 2022, 7:13 am
Bray, supra, at 426. [read post]
18 Feb 2022, 7:58 am
John Witte and Rafael Domingo are coediting the forthcoming Oxford Handbook of Christianity and the Law. [read post]
29 Oct 2021, 8:13 am
Those following United States v. [read post]
12 Aug 2022, 6:30 am
"All law is a compromise between past and present, between tradition and convenience. [read post]
18 Sep 2023, 12:15 pm
Here's a paragraph from a soon-to-be published chapter on the "equity will not" doctrines–doctrines like equity will not enjoin a crime, equity will not enjoin a criminal proceeding, equity will not punish, equity will not enjoin a libel, and equity will not protect a political right. [read post]
11 Jun 2021, 11:55 am
If you're interested in statutory interpretation–including the relationship of text and context–you'll want to read The Mischief Rule. [read post]
14 May 2018, 6:44 am
The aspiration of the Federal Rules of Civil Procedure is to have a single uniform procedure for every kind of case. [read post]
25 Apr 2023, 7:47 am
Gareth Jones, in an old case comment in the Cambridge Law Journal: "It is, above all, questionable whether judges should be encouraged to ride the unruly horse of public policy, to balance a public interest in confidentiality against a public interest in disclosure. [read post]
9 Nov 2020, 11:26 am
I am not able to offer a longer post right now, but one short observation about the remedies requested in some of the election litigation. [read post]
12 Sep 2019, 4:25 am
The Supreme Court has had a number of major statutory interpretation cases in recent years. [read post]
20 Apr 2024, 9:35 pm
On Monday, the Supreme Court will hear argument in an Eighth Amendment case, City of Grants Pass, Oregon v. [read post]
5 Sep 2022, 5:50 pm
First, most of the many examples of hendiadys that Professor Bray provides, see Bray, supra note 139, at 696-706, are drawn from literature or colloquial speech. [read post]
5 Jan 2021, 6:42 am
[The ambiguities of "brickbat" and "potshot"] At the Assizes in Salisbury in 1631, a prisoner threw a brickbat at the judge, and it narrowly missed. [read post]
13 Sep 2019, 6:03 am
[The mischief in CSX, Yates, and Zarda] This post is the fourth in a series on The Mischief Rule. [read post]
22 Mar 2019, 12:24 pm
Among the many questions raised by national injunctions is how they are related to the Administrative Procedure Act. [read post]
13 Aug 2020, 7:06 am
[New opinions from the Fourth and Ninth Circuits] There are two developments of note. [read post]
