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9 Dec 2013, 10:00 am
Sassy, classy, and a bit smart-assy? [read post]
17 Feb 2012, 9:46 am
Oral argument argued before the Eighth Circuit U.S. [read post]
8 May 2018, 11:15 am
Sometimes the question is asked whether the Administrative Procedure Act authorizes courts to give national injunctions, because it says that a "reviewing court shall . . . hold unlawful and set aside agency action, findings, and conclusions found to be . . . arbitrary . . . [read post]
21 Mar 2012, 1:28 pm
While we are alive and competent, access to and possession of "virtual assets" (i.e., Facebook, Twitter, Flickr accounts) and information poses no legal problems. [read post]
6 Nov 2019, 10:39 pm
[A major dissenting opinion by Judge Stras] The Eighth Circuit has just published its decision in Rodgers v. [read post]
20 Jun 2023, 4:54 am
"Legal history regarded as a whole is a history of institutions as well as of doctrines, and it cannot be complete until the influence of each of these two factors in producing the common product is shown in its due proportion. [read post]
14 Jan 2019, 5:30 pm
One judge grants a national injunction, another declines toIn two opinions issued today, federal district courts wrestled with the question of whether to give a national injunction. [read post]
9 Mar 2020, 3:27 pm
[A Bagley-Bray amicus brief in Trump v. [read post]
24 May 2022, 5:02 pm
Eugene has a post on today's decision by the Fourth Circuit (per Judge Heytens) on Rep. [read post]
2 Jun 2023, 9:03 am
In reading for my festschrift essay for John Witte ("The Influence of the Catholic Intellectual Tradition on the Common Law"), I ran across this fascinating paragraph by Anthony Grafton on how Johannes Kepler didn't publish a monograph on chronology (i.e., the study of historical dates) but instead developed his scholarship through letters, with Grafton including a great quote from Blake. [read post]
10 Nov 2010, 1:55 pm
Jan Crawford finds the stuff about Supreme Court nominations in Bush's book, "Decision Points": "While I know Harriet would have made a fine justice, I didn't think enough about how the selection would be perceived by others," Mr. [read post]
28 Jul 2021, 4:23 am
["Is There Anything in the Oven? [read post]
7 Jan 2021, 6:45 am
In Liu v. [read post]
2 Mar 2023, 5:04 pm
Justice Rehnquist in 1975: Moreover, neither declaratory nor injunctive relief can directly interfere with enforcement of contested statutes or ordinances except with respect to the particular federal plaintiffs, and the State is free to prosecute others who may violate the statute. [read post]
15 Nov 2011, 10:59 am
n/a [read post]
1 Apr 2019, 6:31 pm
A new amicus brief in the Fifth CircuitToday 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]
15 Jan 2024, 8:35 am
The next edition of Ames, Chafee, and Re on Remedies is off to the publisher (Foundation) for next fall, and I'm going to write a series of posts about the revision. [read post]
20 Aug 2021, 5:11 pm
[The latest national injunction] Another national injunction, in another case called Texas v. [read post]
29 Apr 2020, 9:13 pm
[SCOTUS amici versus John Harrison] Among the cases that are at the Supreme Court this term is Trump v. [read post]
17 Nov 2018, 12:29 pm
In my previous post I highlighted three weaknesses in the new historians' brief about national injunctions. [read post]
