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13 Aug 2020, 7:06 am
[New opinions from the Fourth and Ninth Circuits] There are two developments of note. [read post]
28 Jun 2017, 5:38 am
The Book of Genesis is replete with physical imagery. [read post]
12 Sep 2019, 6:05 am
[Does the statute mean that trains have to stop for squirrels?] [read post]
2 Jul 2017, 9:32 am
Over the past two days I attended an outstanding conference on equity organized by Irit Samet, Dennis Klimchuk and Henry Smith. [read post]
10 Jun 2017, 6:45 am
The Supreme Court said two interesting things about equity this week. [read post]
17 Feb 2024, 4:45 pm
I was revising a paper on the relationship between equity and property, and I had occasion to look up this classic line from Justice Scalia: I am not so naive (nor do I think our forebears were) as to be unaware that judges in a real sense "make" law. [read post]
13 Dec 2022, 7:37 pm
The Supreme Court has had many cases on equity over the last three decades, but it is Grupo Mexicano that is perhaps the leading case to connect the equity jurisdiction of the federal courts to the historic jurisdiction of the Court of Chancery. [read post]
18 Nov 2021, 7:40 pm
My good friend Nathan Chapman passed along these thoughts on Ramirez, which I'm posting with his permission. --- John Henry Ramirez was convicted of murder and sentenced to death by a Texas court in 2008 for killing Pablo Castro. [read post]
15 Sep 2019, 7:51 pm
[Context and the statute/Constitution difference] This is the latest in a series of posts about The Mischief Rule. [read post]
12 Jul 2022, 12:18 pm
Last week I was driving and saw a sign that said "Speed Limit 20 MPH When Children Present. [read post]
25 Aug 2018, 4:20 pm
The scope of the civil jury trial rightThe Seventh Amendment preserves the jury trial right in suits at common law. [read post]
12 Sep 2019, 2:41 pm
[The mischief, pragmatics, and legislative history] This is the third in a series of posts about The Mischief Rule. [read post]
25 Apr 2018, 8:37 pm
Marty Lederman has a very interesting post at Balkinization on national injunctions. [read post]
1 Dec 2021, 8:22 pm
My colleague Rick Garnett passed along these thoughts on Dobbs, which I'm posting with his permission. --- The oral arguments, at the Supreme Court, in the Dobbs case, made me think about my old boss, Chief Justice William Rehnquist. [read post]
28 Mar 2019, 5:59 pm
Yesterday afternoon I was reading Blackstone (§ 2, Of the Nature of Laws in General), for a project on legal interpretation. [read post]
17 Jul 2017, 5:12 am
The novelist Milan Kundera criticized the French translations of Kafka thus: Translators tend to enrich the vocabulary: “never ceased to experience” (for “have”); “thrust,” “advance,” “go a long way” (for “be”); “walk” (for “go”); “find” (for “have”). [read post]
14 Sep 2019, 4:43 am
[Is the mischief rule just purposivism?] [read post]
7 Mar 2024, 6:08 am
A striking characteristic of last month's oral arguments in the content-moderation cases was the uncertainty about facts. [read post]
8 Dec 2017, 8:35 am
A few developments on the national injunction should be noted. [read post]
5 Aug 2022, 9:24 am
An interesting line from Blackstone's letters: "Precedents are Laws interpreted by Usage; & if there has been no Interpretation, we must resort to the Law itself. [read post]
