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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]
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]
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]
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]
15 Jun 2017, 10:07 am
Henry L. [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]
20 Feb 2024, 5:42 am
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]
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]
12 Jan 2023, 8:22 pm
Today a panel of the Sixth Circuit (Judge Larsen writing, joined by Judges Siler and McKeague) affirmed a preliminary injunction against the enforcement of the COVID vaccination requirement for federal contractors. [read post]
16 Apr 2024, 6:49 am
Yesterday the Court stayed most of the district court's injunction in Labrador v. [read post]
8 Jan 2019, 6:16 am
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]
11 Sep 2019, 4:30 pm
[Are the days of the national injunction numbered?] [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]