Search for: "Samuel Bray"
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26 Feb 2022, 6:51 pm
Aaron Nielson has a fascinating post at the Notice and Comment blog on Arizona v. [read post]
24 Oct 2018, 8:12 pm
An amicus brief in Merck v. [read post]
22 Apr 2024, 6:57 pm
Tomorrow the Supreme Court will hear oral argument in Starbucks Corp. v. [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]
2 Jul 2024, 7:03 am
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]
11 Jan 2024, 2:21 pm
Holmberg v. [read post]
16 May 2023, 9:42 am
How much did the Catholic intellectual tradition influence the common law? [read post]
30 Mar 2023, 11:34 am
"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]
19 Feb 2018, 1:39 pm
The U.S. [read post]
23 Apr 2024, 9:46 am
Brief responses based on the second oral argument this morning: Starbucks wins. [read post]
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]
30 Nov 2021, 8:45 am
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
Nathan Chapman and I have written an evaluation of religious exemptions from COVID-19 vaccine requirements. [read post]
19 May 2022, 5:56 am
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]
8 Oct 2024, 10:53 am
The Court's argument this morning in Lackey v. [read post]
30 Nov 2022, 6:48 am
The interesting Google nGram chart for "facial challenge" is here. [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]
14 Sep 2022, 3:58 pm
Justice Kagan was interviewed today at Northwestern Law School, and she addressed the national injunction. [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]
3 Aug 2022, 1:33 pm
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]