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22 Feb 2024, 2:04 pm by Josh Blackman
[The issues, arguments, and evidence raised by Mikhail have already been addressed by extant scholarship, including our scholarship. [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]
20 Feb 2024, 5:42 am by Samuel Bray
I've revised my short essay called Equity's Role in Defining Property Rights, and this passage might be relevant for readers interested in remedies, standing, and equity: Critically, this protection of property rights is tailored, and it does not have to be just a reiteration of the property right in the form of an injunction. [read post]
19 Feb 2024, 8:57 am by John Mikhail
The Supreme Court seems poised to reverse Colorado’s decision to exclude Donald Trump from its Republican presidential primary ballot on grounds other than that Trump did not take the right kind of oath to support the Constitution. [read post]
17 Feb 2024, 4:45 pm by Samuel Bray
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 Feb 2024, 6:43 pm by Samuel Bray
Alexander Hamilton, The Federalist No. 70: Men often oppose a thing, merely because they have had no agency in planning it, or because it may have been planned by those whom they dislike. [read post]
10 Feb 2024, 10:28 pm by Josh Blackman
A few weeks ago, Sam Bray wrote a post about Section 3 and "Officers of the United States. [read post]
7 Feb 2024, 6:53 pm by Samuel Bray
If one shares Professor Bray's concerns, then one should think critically about reforming Congress so that it can live up to its legislative responsibilities. [read post]
6 Feb 2024, 8:23 pm by Sabrina I. Pacifici
If you’re still unable to get the medication you need, here’s what Bray counsels people to do. [read post]
3 Feb 2024, 9:52 am by Marty Lederman
In one of my previous posts, I explained why it's unlikely that a majority of the Justices will hold that the Fourteenth Amendment bars Donald Trump from holding federal office. [read post]
29 Jan 2024, 1:13 pm by Eugene Volokh
As conservative scholar Sam Bray recently wrote over at the Volokh Conspiracy: It is hard to imagine that the Reconstruction Congress that proposed Section 3 of the Fourteenth Amendment, and the state legislatures that ratified it—in the middle of an intense struggle with President Andrew Johnson, and focused on all the problems that could come from a President who was not on board with reconstruction—would say that the two people who should be allowed to be… [read post]
But then again, if the deal dies they will surely bray along with the Democrats that Trump killed border security for his own personal gain. [read post]
23 Jan 2024, 10:19 am by Rick Hasen
Smart Sam Bray at Volokh, which leaves me wondering why Trump’s lawyers devoted so much time and prime brief real estate to this argument: I have not been deep in the weeds of the arguments about Section 3 of the… Continue reading The post “‘Officer of the United States’ in Context” appeared first on Election Law Blog. [read post]
22 Jan 2024, 12:26 pm by Howard Bashman
“‘Officer of the United States’ in Context”: Sam Bray has this post at “The Volokh Conspiracy. [read post]
22 Jan 2024, 10:55 am by Samuel Bray
I have not been deep in the weeds of the arguments about Section 3 of the Fourteenth Amendment, unlike my constitutional law casebook coauthors: Mike Paulsen, Michael McConnell, and Will Baude. [read post]
18 Jan 2024, 8:52 am by Samuel Bray
This is the second in a series of posts about the revision that is in the works for Ames, Chafee, and Re on Remedies. [read post]