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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 Feb 2024, 6:43 pm
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
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
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
If you’re still unable to get the medication you need, here’s what Bray counsels people to do. [read post]
4 Feb 2024, 1:01 pm
[Justice Scalia erred because there are no “Officers of the United States” appointed outside Article II, Section II.] [read post]
3 Feb 2024, 9:52 am
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
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]
27 Jan 2024, 7:54 pm
[Their amicus brief endorses the view that members of state legislatures are officers. [read post]
27 Jan 2024, 3:38 pm
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
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
“‘Officer of the United States’ in Context”: Sam Bray has this post at “The Volokh Conspiracy. [read post]
22 Jan 2024, 10:55 am
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
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]
16 Jan 2024, 9:07 am
Bray, The System of Equitable Remedies, 63 U.C.L.A. [read post]
16 Jan 2024, 5:01 am
Russell B. [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]
11 Jan 2024, 2:41 pm
A fascinating set of arguments from Justice Samuel Selden of the New York Supreme Court in 1851: Nature has made some laws, and these it is difficult to repeal. [read post]
11 Jan 2024, 2:21 pm
Holmberg v. [read post]
11 Jan 2024, 2:03 pm
City of Columbus v. [read post]
