Search for: "Samuel Bray"
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29 Jul 2024, 8:35 am
I found myself disagreeing with some of the points made in co-blogger Josh Blackman's post this morning entitled "I could carve a judge with more backbone out of a banana. [read post]
14 May 2018, 6:44 am
The aspiration of the Federal Rules of Civil Procedure is to have a single uniform procedure for every kind of case. [read post]
18 Feb 2022, 7:58 am
John Witte and Rafael Domingo are coediting the forthcoming Oxford Handbook of Christianity and the Law. [read post]
12 Aug 2022, 6:30 am
"All law is a compromise between past and present, between tradition and convenience. [read post]
24 Oct 2024, 5:45 am
Chief Justice Marshall: It is also objected that some of the Defendants in error do not show a complete legal title under Terrell and Hawkins, for which reason they have not entitled themselves to a conveyance from Charles Simms; and that one of them, John Meiggs, has obtained a decree for 140 acres of land, although in the bill he claimed only 100 acres. [read post]
7 Nov 2024, 1:06 pm
If you have been following the debate about universal or nationwide remedies, you know that a lot of attention is currently being paid to the Administrative Procedure Act and vacatur. [read post]
5 Sep 2022, 5:50 pm
First, most of the many examples of hendiadys that Professor Bray provides, see Bray, supra note 139, at 696-706, are drawn from literature or colloquial speech. [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]
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]
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]
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]
27 Jul 2024, 4:34 pm
It [i.e., the Supreme Court] must look to the Constitution, be it with a large or small C, written or unwritten (or both), for it is the constitution of a society which represents the fundamental allocation of competences within that society. [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]
25 Apr 2018, 8:37 pm
Marty Lederman has a very interesting post at Balkinization on national injunctions. [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]
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]
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]
30 Oct 2015, 7:34 am
Samuel L. [read post]
12 Nov 2015, 10:40 am
Samuel Bray's piece titled "This and that and the Constitution," a preview into his forthcoming law review article about hendiadys in the Constitution. [read post]
5 Dec 2014, 7:08 am
I'm a big fan of Njal's Saga, which I read during my second year in law school after learning about it through a remedies course taught by Professor Samuel Bray. [read post]