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3 Jun 2024, 4:46 am by Samuel Bray
It's often instructive to compare entries in older and newer versions of Black's Law Dictionary—and on subjects I work on, the older ones are usually better. [read post]
17 May 2024, 3:30 am by Adam N. Steinman
William Baude and Samuel Bray’s excellent article is not just about standing. [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]
20 Apr 2024, 9:35 pm by Samuel Bray
On Monday, the Supreme Court will hear argument in an Eighth Amendment case, City of Grants Pass, Oregon v. [read post]
16 Apr 2024, 2:26 pm by Howard Bashman
Samuel Bray has this post at “The Volokh Conspiracy. [read post]
16 Apr 2024, 6:49 am by Samuel Bray
Yesterday the Court stayed most of the district court's injunction in Labrador v. [read post]
10 Apr 2024, 9:38 am by Samuel Bray
Sometimes it seems like nothing ever changes with the national injunction. [read post]
8 Apr 2024, 7:40 pm by Samuel Bray
If you're interested in the intersection of corporate law, trademark, accounting for profits, and federal equity jurisdiction, you'll be interested in a new amicus brief that my colleague Paul Miller and I just filed in support of a cert petition in Dewberry Group, Inc. v. [read post]
1 Apr 2024, 6:48 pm by Samuel Bray
My colleague Christian Burset is an outstanding legal historian, and he sent along this splendid revisionist account of Sackville's Case (1760). [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]
7 Mar 2024, 6:08 am by Samuel Bray
A striking characteristic of last month's oral arguments in the content-moderation cases was the uncertainty about facts. [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]
20 Feb 2024, 5:42 am by Samuel Bray
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]
19 Feb 2024, 8:57 am by John Mikhail
The Supreme Court seems poised to reverse Colorado’s decision to exclude Donald Trump from its Republican presidential primary ballot on grounds other than that Trump did not take the right kind of oath to support the Constitution. [read post]
17 Feb 2024, 4:45 pm by Samuel Bray
I was revising a paper on the relationship between equity and property, and I had occasion to look up this classic line from Justice Scalia: I am not so naive (nor do I think our forebears were) as to be unaware that judges in a real sense "make" law. [read post]
13 Feb 2024, 6:43 pm by Samuel Bray
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]
7 Feb 2024, 6:53 pm by Samuel Bray
If one shares Professor Bray's concerns, then one should think critically about reforming Congress so that it can live up to its legislative responsibilities. [read post]