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1 Dec 2020, 9:54 am by Samuel Bray
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]
27 Nov 2020, 2:56 am by Samuel Bray
An amicus brief was filed earlier this week in the Pennsylvania election litigation by Erwin Chemerinsky, Marin Levy, Leah Litman, Portia Pedro, and Rick Swedloff. [read post]
9 Nov 2020, 11:26 am by Samuel Bray
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]
29 Oct 2020, 5:05 pm by Samuel Bray
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]
2 Oct 2020, 11:21 am by Samuel Bray
[Religious property disputes may be headed back to the Supreme Court] Today a scholars' brief was filed at the Supreme Court supporting cert in Schulz v. [read post]
24 Aug 2020, 1:15 pm by Jonathan H. Adler
A second academic amicus brief by Samuel Bray, Michael McConnell and Kevin Walsh arguing the courts lack statutory subject-matter jurisdiction to hear the case. [read post]
13 Aug 2020, 5:46 pm by Howard Bashman
“National Injunction Developments; New opinions from the Fourth and Ninth Circuits”: Samuel Bray has this post at “The Volokh Conspiracy. [read post]
13 Aug 2020, 7:06 am by Samuel Bray
[New opinions from the Fourth and Ninth Circuits] There are two developments of note. [read post]
16 Jul 2020, 5:07 am by Dan Filler
Nominations will be reviewed by a prize committee comprised of Professors Samuel Bray (Notre Dame), Seth Davis (Berkeley), Allison Orr Larsen (William & Mary), Marin Levy (Duke), and Leah Litman (Michigan), with the result announced at the Federal Courts section program at the 2021 AALS Annual Meeting. [read post]
5 Jun 2020, 4:25 pm by Howard Bashman
“Equity and Juries in Patent Law; A cert petition to watch at the Supreme Court”: Samuel Bray has this post at “The Volokh Conspiracy. [read post]
5 Jun 2020, 7:35 am by Samuel Bray
[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]
1 May 2020, 7:56 am by Howard Bashman
“The latest on the national injunction at the Supreme Court; SCOTUS amici versus John Harrison”: Samuel Bray has this post at “The Volokh Conspiracy. [read post]
1 May 2020, 3:57 am by Edith Roberts
At Reason’s Volokh Conspiracy blog, Samuel Bray runs down the amicus briefs and related articles discussing “the scope of the injunction” in Little Sisters of the Poor Saints Peter and Paul Home v. [read post]
29 Apr 2020, 9:13 pm by Samuel Bray
[SCOTUS amici versus John Harrison] Among the cases that are at the Supreme Court this term is Trump v. [read post]
11 Mar 2020, 6:04 am by Samuel Bray
A friend recently asked for a two-sentence summary of my view of Liu v. [read post]
10 Mar 2020, 3:50 am by Edith Roberts
At the Yale Journal on Regulation’s Notice & Comment blog, Nicholas Bagley highlights an amicus brief he and Samuel Bray submitted yesterday in Trump v. [read post]