Search for: "Samuel Bray"
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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 Apr 2024, 9:38 am
Sometimes it seems like nothing ever changes with the national injunction. [read post]
20 Jun 2024, 1:47 pm
An aphorism attributed to Edward Jacob QC: The importance of questions was in this ratio: first, costs; second, pleading; and third, very far behind, the merits of the case. [read post]
6 Jun 2022, 7:19 pm
Have you ever heard a legal scholar criticize a doctrine because it does several different things, but it isn't really good at any one of those things? [read post]
19 Jul 2022, 6:44 am
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]
3 Jun 2024, 4:46 am
It's often instructive to compare entries in older and newer versions of Black's Law Dictionary—and on subjects I work on, the older ones are usually better. [read post]
26 Jun 2018, 5:58 pm
The national injunction is moving from a simmer to a boil. [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]
29 Nov 2022, 11:02 pm
Yesterday the Supreme Court heard argument in United States v. [read post]
9 Oct 2024, 9:32 am
Yesterday's argument in Garland v. [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]
24 Sep 2022, 6:47 pm
My eponymous co-blogger Eugene Volokh has called attention to a case that involves the question whether a bumble bee is a "fish" for purposes of a California statute. [read post]
6 Aug 2022, 3:27 am
This is the fifth and last in in a series of posts summarizing an article titled Remand Without Vacatur and the Ab Initio Invalidity of Unlawful Regulations in Administrative Law, which is forthcoming in the BYU Law Review. [read post]
17 Nov 2018, 11:21 am
A major new brief in the Seventh Circuit sanctuary city caseA major new brief on national injunctions was filed two days ago in the Seventh Circuit sanctuary city case. [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, 2:03 pm
City of Columbus v. [read post]
24 Jan 2025, 6:56 am
Three notes on 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]
18 Feb 2022, 7:48 am
The Seventh Amendment civil jury trial right is complicated. [read post]
2 Aug 2018, 11:38 am
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]
