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11 Jun 2021, 11:55 am by Samuel Bray
If you're interested in statutory interpretation–including the relationship of text and context–you'll want to read The Mischief Rule. [read post]
6 May 2021, 9:33 am by Samuel Bray
If you've ever wondered what "equity" means, as distinct from "law," here's a primer I recently posted on SSRN. [read post]
3 May 2021, 9:02 am by Samuel Bray
This morning in the orders list from the Supreme Court a decision from the 9th Circuit was vacated and there was a remand for the court to apply AMG Capital Management. [read post]
19 Jan 2021, 3:30 am by Michael E Herz
Recent jots have described important work by Samuel Bray (twice), Amanda Frost (also twice), Russell Weaver, and Alan Trammell that attacks, defends, or theorizes nationwide (or “universal”) injunctions. [read post]
12 Jan 2021, 12:34 pm by Steve Bainbridge
Samuel Bray (Notre Dame) is one of our leading experts on equitable remedies and has paid special attention to the use of such remedies by the Securities and Exchange Commission. [read post]
11 Jan 2021, 7:32 pm by Howard Bashman
“National Injunctions and the Erasure of the Plaintiff/Nonplaintiff Line”: Samuel Bray has this post at “The Volokh Conspiracy. [read post]
5 Jan 2021, 6:42 am by Samuel Bray
[The ambiguities of "brickbat" and "potshot"] At the Assizes in Salisbury in 1631, a prisoner threw a brickbat at the judge, and it narrowly missed. [read post]
18 Dec 2020, 9:53 am by Samuel Bray
Today I am working on materials for the remedies casebook that is edited by Emily Sherwin and me. [read post]
1 Dec 2020, 9:54 am by Samuel Bray
Fajans and Falk conclude that it should be a priori excluded from the interpretive options: Beginning our research, we found sparse mention of hendiadys—until Professor Bray's article was published, eliciting considerable comment and other explorations of hendiadys in law. [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]
9 Nov 2020, 11:26 am by Samuel Bray
I am not able to offer a longer post right now, but one short observation about the remedies requested in some of the election litigation. [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]
2 Oct 2020, 11:21 am by Samuel Bray
[Religious property disputes may be headed back to the Supreme Court] Today a scholars' brief was filed at the Supreme Court supporting cert in Schulz v. [read post]
24 Aug 2020, 1:15 pm by Jonathan H. Adler
A second academic amicus brief by Samuel Bray, Michael McConnell and Kevin Walsh arguing the courts lack statutory subject-matter jurisdiction to hear the case. [read post]