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25 Apr 2023, 7:47 am by Samuel Bray
Gareth Jones, in an old case comment in the Cambridge Law Journal: "It is, above all, questionable whether judges should be encouraged to ride the unruly horse of public policy, to balance a public interest in confidentiality against a public interest in disclosure. [read post]
30 Mar 2023, 11:34 am by Samuel Bray
"Few exercises of the judicial power are more likely to undermine public confidence in the neutrality and integrity of the Judiciary than one which casts the Court in the role of a Council of Revision, conferring on itself the power to invalidate laws at the behest of anyone who disagrees with them. [read post]
2 Mar 2023, 5:04 pm by Samuel Bray
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]
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]
12 Jan 2023, 9:30 pm by ernst
Aditya Bamzai, University of Virginia School of Law, and Samuel L. [read post]
12 Jan 2023, 8:22 pm by Samuel Bray
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]
10 Jan 2023, 4:31 pm by Samuel Bray
Debs and the Federal Equity Jurisdiction, a new article with Professor Aditya Bamzai, has just been published in the Notre Dame Law Review. [read post]
6 Jan 2023, 8:01 am by Samuel Bray
[A New Course at Notre Dame Law School] I am happy to share this guest post by Steven A. [read post]
19 Dec 2022, 8:52 pm by Samuel Bray
Chief Justice Roberts has issued a stay of the district court's order in Arizona v. [read post]
16 Dec 2022, 2:53 pm by Samuel Bray
Editorial, 27 Journal of the American Judicature Society 133 (1944): "It is characteristic of most reform work that the reforms are to be accomplished on somebody else. [read post]
13 Dec 2022, 7:37 pm by Samuel Bray
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]
30 Nov 2022, 5:16 pm by Howard Bashman
Texas”: Samuel Bray has this post at “The Volokh Conspiracy. [read post]
30 Nov 2022, 6:48 am by Samuel Bray
The interesting Google nGram chart for "facial challenge" is here. [read post]
29 Nov 2022, 11:02 pm by Samuel Bray
Yesterday the Supreme Court heard argument in United States v. [read post]
28 Nov 2022, 4:45 pm by Samuel Bray
I'm delighted to post a summary from Professor John Harrison of his forthcoming article Vacatur of Rules Under the Administrative Procedure Act. [read post]
18 Nov 2022, 5:01 am by Samuel Bray
Two days ago I wrote about the brewing battle between (1) one district court's national injunction against the lifting of Title 42 and (2) another district court's purported vacatur of Title 42. [read post]