Search for: "Samuel Bray"
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29 Oct 2020, 5:05 pm
I was reading cases about statutory interpretation and the mischief (for my paper The Mischief Rule) and came across the greatest headnote ever: When a person borrows a pistol for the purpose of joining in a chase for a bear, returning the pistol soon after the return from the chase, he is not guilty of going armed in the sense of the law. [read post]
22 Aug 2019, 8:43 am
[The Seventh Circuit reverses course] There was a very significant decision yesterday from the Seventh Circuit on whether the Federal Trade Commission can seek restitution under Section 13(b) of the Federal Trade Commission Act. [read post]
19 Jul 2022, 6:44 am
From David Daube, the renowned scholar of biblical and Roman law, who was a professor at Oxford and Berkeley among other places: "As regards interpretation, the author of the Rhetoric to Alexander distinguishes between laws which are clear and laws which are ambiguous. [read post]
10 Apr 2024, 9:38 am
Sometimes it seems like nothing ever changes with the national injunction. [read post]
20 Feb 2024, 5:42 am
I've revised my short essay called Equity's Role in Defining Property Rights, and this passage might be relevant for readers interested in remedies, standing, and equity: Critically, this protection of property rights is tailored, and it does not have to be just a reiteration of the property right in the form of an injunction. [read post]
13 Feb 2024, 6:43 pm
Alexander Hamilton, The Federalist No. 70: Men often oppose a thing, merely because they have had no agency in planning it, or because it may have been planned by those whom they dislike. [read post]
14 Jan 2019, 5:30 pm
One judge grants a national injunction, another declines toIn two opinions issued today, federal district courts wrestled with the question of whether to give a national injunction. [read post]
8 Jan 2019, 6:16 am
One judge grants a national injunction, another declines toIn two opinions issued today, federal district courts wrestled with the question of whether to give a national injunction. [read post]
6 Nov 2019, 10:39 pm
[A major dissenting opinion by Judge Stras] The Eighth Circuit has just published its decision in Rodgers v. [read post]
17 Nov 2018, 12:29 pm
In my previous post I highlighted three weaknesses in the new historians' brief about national injunctions. [read post]
12 Jan 2023, 8:22 pm
Today a panel of the Sixth Circuit (Judge Larsen writing, joined by Judges Siler and McKeague) affirmed a preliminary injunction against the enforcement of the COVID vaccination requirement for federal contractors. [read post]
20 Aug 2021, 5:11 pm
[The latest national injunction] Another national injunction, in another case called Texas v. [read post]
13 Nov 2023, 5:48 am
Today the Harvard Law Review has published its issue on the Supreme Court's October 2022 Term, and Will Baude and I have a case comment on Biden v. [read post]
10 Jan 2023, 4:31 pm
Debs and the Federal Equity Jurisdiction, a new article with Professor Aditya Bamzai, has just been published in the Notre Dame Law Review. [read post]
7 Jan 2021, 6:45 am
In Liu v. [read post]
18 Feb 2022, 7:48 am
The Seventh Amendment civil jury trial right is complicated. [read post]
11 Sep 2019, 4:30 pm
[Are the days of the national injunction numbered?] [read post]
5 Jun 2020, 7:35 am
[A cert petition to watch at the Supreme Court] For those who are interested in equitable remedies or the Seventh Amendment, there's an interesting cert petition by Seth Waxman et al. in TCL Communication Technology v. [read post]
18 Dec 2020, 9:53 am
Today I am working on materials for the remedies casebook that is edited by Emily Sherwin and me. [read post]
8 May 2018, 11:15 am
Sometimes the question is asked whether the Administrative Procedure Act authorizes courts to give national injunctions, because it says that a "reviewing court shall . . . hold unlawful and set aside agency action, findings, and conclusions found to be . . . arbitrary . . . [read post]
