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20 Oct 2021, 5:29 am by Samuel Bray
I've begun a series of posts on equity in United States v. [read post]
3 Apr 2019, 12:48 pm by Samuel Bray
Compare and contrast this passage from the district court decision holding unconstitutional, under the Second Amendment, the California statute prohibiting magazines with more than ten rounds: Defendant Attorney General Xavier Becerra, and his officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with him, and those duly sworn state peace officers and federal law enforcement officers who gain knowledge of this injunction order, or know of the… [read post]
25 Nov 2019, 5:43 pm by Samuel Bray
[The remedies casebook with a systematic presentation of equity] I'm delighted that the third edition of Ames, Chafee, and Re on Remedies has gone to press, and it will be in print next month. [read post]
25 Apr 2018, 7:40 pm by Samuel Bray
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]
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]
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]
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]
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]
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 Mar 2020, 8:28 am by David Pozen
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]
15 Feb 2017, 3:02 am by Walter Olson
[Mississippi Business] One view of emergent controversy: “The Case Against National Injunctions, No Matter Who Is President” [Samuel Bray, LawFare, more from same author] “Court To Review Target’s $10M Customer Data Breach Settlement” [Consumerist; Minneapolis Star-Tribune; Ted Frank’s Center for Class Action Fairness is objecting] In or near Kansas? [read post]
11 Nov 2019, 6:58 pm by Howard Bashman
” And at “The Volokh Conspiracy,” Samuel Bray has a post titled “8th Circuit weighs in on the scope of injunctions; A major dissenting opinion by Judge Stras. [read post]
8 Aug 2018, 10:50 am by Howard Bashman
” featuring panelists Samuel Bray and Amanda Frost, moderated by Amy Mil Totenberg; “#MeToo/Best Practices for Appellate Courts to Address Past and Avoid Future Sexual Harassment Claims” featuring panelists Jaime Santos, Erica Mason, and David F. [read post]
26 May 2014, 9:05 pm by Walter Olson
[Samuel Bray, SSRN via Solum] Tweet Tags: Alien Tort Claims Act, Boston, constitutional law, Fourth Amendment, gunsSupreme Court and constitutional law roundup is a post from Overlawyered - Chronicling the high cost of our legal system [read post]
26 Nov 2013, 10:55 am by Will Baude
Noel Canning (the Supreme Court’s recess appointments case) on behalf of ourselves and a group of other constitutional law scholars, including co-conspirators Dale Carpenter, Eugene Kontorovich, and Nick Rosenkranz, as well as Nathan Chapman, Samuel Bray, John Eastman, Richard Epstein, Michael Greve, Joshua Hawley, Kurt Lash, and Sai Prakash. [read post]
9 Jan 2020, 7:00 am by Amanda Frost
Sohoni’s article has inspired an impassioned response from Professor Samuel Bray, a leading critic of nationwide injunctions. [read post]