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26 Feb 2022, 6:51 pm by Samuel Bray
Aaron Nielson has a fascinating post at the Notice and Comment blog on Arizona v. [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]
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]
2 Jul 2024, 7:03 am by Samuel Bray
Herbert Butterfield, the historian often remembered for coining or at least popularizing the phrase "Whig history," published in 1950: It is not open to any of us to say that we will postpone what philosophers call 'the good life'—postpone any of the higher purposes of mankind—until the world is more happily placed or the environment becomes more congenial. [read post]
16 May 2023, 9:42 am by Samuel Bray
How much did the Catholic intellectual tradition influence the common law? [read post]
30 Mar 2023, 11:34 am by Samuel Bray
"Few exercises of the judicial power are more likely to undermine public confidence in the neutrality and integrity of the Judiciary than one which casts the Court in the role of a Council of Revision, conferring on itself the power to invalidate laws at the behest of anyone who disagrees with them. [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]
5 Nov 2024, 8:14 am by Samuel Bray
Here's a quotation from Richard Rorty about context, and the last two sentences are instructive for legal interpretation. [read post]
30 Nov 2021, 8:45 am by Samuel Bray
My colleague Sherif Girgis passed along these thoughts on Dobbs, which I'm posting with his permission. --- Will the Supreme Court uphold Mississippi's ban on abortions after 15 weeks without fully reversing Roe and Casey and restoring rational-basis review to abortion laws? [read post]
6 Dec 2021, 12:18 pm by Samuel Bray
Nathan Chapman and I have written an evaluation of religious exemptions from COVID-19 vaccine requirements. [read post]
19 May 2022, 5:56 am by Samuel Bray
My colleague and friend Sherif Girgis has sent me the following thoughts on the Equal Protection Clause and the momentous abortion case on the Supreme Court's docket. -- The leaked Dobbs draft spends pages arguing that abortion is not a deeply rooted unwritten right. [read post]
30 Nov 2022, 6:48 am by Samuel Bray
The interesting Google nGram chart for "facial challenge" is here. [read post]
28 Apr 2018, 4:08 pm by Samuel Bray
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]
14 Sep 2022, 3:58 pm by Samuel Bray
Justice Kagan was interviewed today at Northwestern Law School, and she addressed the national injunction. [read post]
16 Nov 2023, 6:32 pm by Samuel Bray
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]
3 Aug 2022, 1:33 pm by Samuel Bray
This is the second in a series of posts summarizing an article titled Remand Without Vacatur and the Ab Initio Invalidity of Unlawful Regulations in Administrative Law, which is forthcoming in the BYU Law Review. [read post]