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29 Oct 2020, 5:05 pm
I was reading cases about statutory interpretation and the mischief (for my paper The Mischief Rule) and came across the greatest headnote ever: When a person borrows a pistol for the purpose of joining in a chase for a bear, returning the pistol soon after the return from the chase, he is not guilty of going armed in the sense of the law. [read post]
1 Apr 2019, 6:31 pm
Today an amicus brief was filed in the Affordable Care Act case in the Fifth Circuit, on behalf of Kevin Walsh, Michael McConnell, and me. [read post]
10 Jan 2023, 4:31 pm
Debs and the Federal Equity Jurisdiction, a new article with Professor Aditya Bamzai, has just been published in the Notre Dame Law Review. [read post]
2 Aug 2018, 11:38 am
If you've found yourself wanting a four-minute explanation of national injunctions, complete with animation, then I have good news for you. [read post]
13 Jan 2023, 1:10 pm
Today I ran across this passage in an older equity treatise. 1 Robert Treat Whitehouse, Equity Practice: State and Federal 92-96 (1915) (emphases added): § 59. [read post]
18 Feb 2022, 7:48 am
The Seventh Amendment civil jury trial right is complicated. [read post]
3 Jun 2024, 4:46 am
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]
11 Aug 2018, 4:35 am
Reviews in New Blackfriars and the Journal of Northwest Semitic LanguagesLast year John F. [read post]
19 Jul 2022, 6:44 am
From David Daube, the renowned scholar of biblical and Roman law, who was a professor at Oxford and Berkeley among other places: "As regards interpretation, the author of the Rhetoric to Alexander distinguishes between laws which are clear and laws which are ambiguous. [read post]
16 Jun 2021, 5:32 am
One of the Biden administration's early environmental efforts was a "pause" of new oil and gas leases by the federal government. [read post]
6 May 2018, 6:19 pm
Last week seven states filed a suit in the Southern District of Texas seeking a national injunction (complaint, motion for preliminary injunction). [read post]
29 Mar 2019, 2:04 pm
If you want a brief overview of remedies in American private law, here's one I recently prepared. [read post]
17 Nov 2018, 11:21 am
A major new brief in the Seventh Circuit sanctuary city caseA major new brief on national injunctions was filed two days ago in the Seventh Circuit sanctuary city case. [read post]
14 May 2020, 8:48 am
[Is there statutory jurisdiction in California v. [read post]
18 Dec 2020, 9:53 am
Today I am working on materials for the remedies casebook that is edited by Emily Sherwin and me. [read post]
24 Jul 2019, 8:00 pm
[A new phase for the national injunction?] [read post]
6 Jun 2022, 7:19 pm
Have you ever heard a legal scholar criticize a doctrine because it does several different things, but it isn't really good at any one of those things? [read post]
9 Apr 2015, 11:43 am
This is the latest installment of The ATL Interrogatories, a recurring feature giving notable members of the legal community an opportunity to share insights and experiences about the legal profession and careers in law, as well as about their firms and themselves. [read post]
20 Jun 2024, 1:47 pm
An aphorism attributed to Edward Jacob QC: The importance of questions was in this ratio: first, costs; second, pleading; and third, very far behind, the merits of the case. [read post]
29 Aug 2008, 4:08 am
is here. [read post]
