Search for: "Samuel Bray"
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5 Nov 2024, 8:14 am
Here's a quotation from Richard Rorty about context, and the last two sentences are instructive for legal interpretation. [read post]
18 Nov 2022, 5:01 am
Two days ago I wrote about the brewing battle between (1) one district court's national injunction against the lifting of Title 42 and (2) another district court's purported vacatur of Title 42. [read post]
30 Nov 2022, 6:48 am
The interesting Google nGram chart for "facial challenge" is here. [read post]
8 Apr 2024, 7:40 pm
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]
13 Mar 2024, 6:13 am
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]
10 Jun 2024, 1:49 pm
In reading an old treatise's discussion of preliminary injunctions, I came across this quotation: An interlocutory injunction is merely provisional in its nature, and does not conclude a right, while the perpetual injunction is a final decree upon full hearing, and concludes all parties in interest. [read post]
10 Nov 2023, 10:52 am
Noel Cox, The Influence of the Common Law on the Decline of the Ecclesiastical Courts of the Church of England, 3 Rutgers J. [read post]
18 Jan 2024, 8:52 am
This is the second in a series of posts about the revision that is in the works for Ames, Chafee, and Re on Remedies. [read post]
8 Oct 2024, 10:53 am
The Court's argument this morning in Lackey v. [read post]
25 Apr 2018, 7:40 pm
From Holmes's "The Path of the Law": "It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. [read post]
23 Apr 2024, 9:46 am
Brief responses based on the second oral argument this morning: Starbucks wins. [read post]
14 Sep 2022, 3:58 pm
Justice Kagan was interviewed today at Northwestern Law School, and she addressed the national injunction. [read post]
19 Feb 2018, 1:39 pm
The U.S. [read post]
28 Apr 2018, 4:08 pm
One of the questions that is often asked about the national injunction is how a court could consider a regulation to be invalid—for reasons of general significance, not ones specific to this plaintiff--yet still give a remedy specific to this plaintiff. [read post]
11 Jan 2024, 2:21 pm
Holmberg v. [read post]
16 Nov 2023, 6:32 pm
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]
27 Jun 2024, 8:05 am
In SEC v. [read post]
22 Jan 2024, 10:55 am
I have not been deep in the weeds of the arguments about Section 3 of the Fourteenth Amendment, unlike my constitutional law casebook coauthors: Mike Paulsen, Michael McConnell, and Will Baude. [read post]
7 Jul 2022, 12:22 pm
Yesterday the Fifth Circuit held oral argument in an appeal of Judge Hanen's DACA decision. [read post]
2 Mar 2020, 8:28 am
Samuel Bray and Paul Miller have posted a new paper that critiques a growing body of scholarship that argues that the Constitution imposes fiduciary duties on various actors, including the President. [read post]
