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13 Jan 2023, 1:10 pm by Samuel Bray
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]
24 May 2022, 5:02 pm by Samuel Bray
Eugene has a post on today's decision by the Fourth Circuit (per Judge Heytens) on Rep. [read post]
10 Jul 2017, 5:07 am by Sam Bray
This is the fourth post in a series on “Genesis 1–11: A New Old Translation for Readers, Scholars, and Translators. [read post]
17 Nov 2018, 12:29 pm by Samuel Bray
In my previous post I highlighted three weaknesses in the new historians' brief about national injunctions. [read post]
2 Aug 2018, 11:38 am by Samuel Bray
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]
27 Nov 2020, 2:56 am by Samuel Bray
An amicus brief was filed earlier this week in the Pennsylvania election litigation by Erwin Chemerinsky, Marin Levy, Leah Litman, Portia Pedro, and Rick Swedloff. [read post]
29 Oct 2020, 5:05 pm by Samuel Bray
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]
11 May 2008, 8:02 pm
The National Association of Realtors has long been a favorite target of this blog, primarily because we love to bag game that's easy to hunt, and NAR is so easy that it really ought to be considered roadkill. [read post]
22 Aug 2019, 8:43 am by Samuel Bray
[The Seventh Circuit reverses course] There was a very significant decision yesterday from the Seventh Circuit on whether the Federal Trade Commission can seek restitution under Section 13(b) of the Federal Trade Commission Act. [read post]
11 Jan 2024, 2:41 pm by Samuel Bray
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]
19 Jul 2022, 6:44 am by Samuel Bray
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]
10 Apr 2024, 9:38 am by Samuel Bray
Sometimes it seems like nothing ever changes with the national injunction. [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]
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]
14 Jan 2019, 5:30 pm by Samuel Bray
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]
8 Jan 2019, 6:16 am by Samuel Bray
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]