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25 Aug 2018, 4:20 pm by Samuel Bray
The scope of the civil jury trial rightThe Seventh Amendment preserves the jury trial right in suits at common law. [read post]
12 Sep 2019, 2:41 pm by Samuel Bray
[The mischief, pragmatics, and legislative history] This is the third in a series of posts about The Mischief Rule. [read post]
25 Apr 2018, 8:37 pm by Samuel Bray
Marty Lederman has a very interesting post at Balkinization on national injunctions. [read post]
1 Dec 2021, 8:22 pm by Samuel Bray
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]
28 Mar 2019, 5:59 pm by Samuel Bray
Yesterday afternoon I was reading Blackstone (§ 2, Of the Nature of Laws in General), for a project on legal interpretation. [read post]
7 Mar 2024, 6:08 am by Samuel Bray
A striking characteristic of last month's oral arguments in the content-moderation cases was the uncertainty about facts. [read post]
13 Aug 2020, 7:06 am by Samuel Bray
[New opinions from the Fourth and Ninth Circuits] There are two developments of note. [read post]
12 Sep 2019, 6:05 am by Samuel Bray
[Does the statute mean that trains have to stop for squirrels?] [read post]
13 Sep 2019, 6:03 am by Samuel Bray
[The mischief in CSX, Yates, and Zarda] This post is the fourth in a series on The Mischief Rule. [read post]
22 Mar 2019, 12:24 pm by Samuel Bray
Among the many questions raised by national injunctions is how they are related to the Administrative Procedure Act. [read post]
5 Aug 2022, 9:24 am by Samuel Bray
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]
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]
16 Dec 2018, 2:30 pm by David Lat
[Reason / Volokh Conspiracy] * Meanwhile, fellow Volokh Conspirator Samuel Bray is glad that the court didn't issue a national injunction. [read post]
17 Mar 2019, 2:30 pm by David Lat
[Bench Memos / National Review] * Congratulations to the latest winner of the Joseph Story Award, Professor Samuel Bray -- who delivered an acceptance speech that's well worth your time. [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 May 2022, 11:33 am by Samuel Bray
In the forthcoming Oxford Handbook of Christianity and Law, Paul Miller and I are contributing a chapter on "Christianity and Equity. [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]