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28 Apr 2018, 4:08 pm by Samuel Bray
One of the questions that is often asked about the national injunction is how a court could consider a regulation to be invalid—for reasons of general significance, not ones specific to this plaintiff--yet still give a remedy specific to this plaintiff. [read post]
3 Apr 2019, 12:48 pm by Samuel Bray
Compare and contrast this passage from the district court decision holding unconstitutional, under the Second Amendment, the California statute prohibiting magazines with more than ten rounds: Defendant Attorney General Xavier Becerra, and his officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with him, and those duly sworn state peace officers and federal law enforcement officers who gain knowledge of this injunction order, or know of the… [read post]
31 Oct 2018, 8:45 am by Samuel Bray
Time for Congress to ActNick Bagley and I have a piece today in The Atlantic. [read post]
25 Apr 2018, 7:40 pm by Samuel Bray
From Holmes's "The Path of the Law": "It is revolting to have no better reason for a rule of law than that so it was laid down in the time of Henry IV. [read post]
3 Apr 2019, 4:18 am by Samuel Bray
Earlier this week, the Supreme Court decided Bucklew v. [read post]
3 Apr 2019, 12:48 pm by Samuel Bray
Compare and contrast this passage from the district court decision holding unconstitutional, under the Second Amendment, the California statute prohibiting magazines with more than ten rounds: Defendant Attorney General Xavier Becerra, and his officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with him, and those duly sworn state peace officers and federal law enforcement officers who gain knowledge of this injunction order, or know of the… [read post]
6 Oct 2019, 9:53 am by Samuel Bray
Professor Mila Sohoni is the author of a string of significant articles on administrative law, and two of her forthcoming articles are about national injunctions. [read post]
28 Sep 2019, 11:51 am by Samuel Bray
[A "sternly put" judicial opinion on national injunctions and the APA] Another day, another national injunction. [read post]
25 Nov 2019, 5:43 pm by Samuel Bray
[The remedies casebook with a systematic presentation of equity] I'm delighted that the third edition of Ames, Chafee, and Re on Remedies has gone to press, and it will be in print next month. [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]
2 Mar 2020, 8:28 am by David Pozen
Samuel Bray and Paul Miller have posted a new paper that critiques a growing body of scholarship that argues that the Constitution imposes fiduciary duties on various actors, including the President. [read post]
8 Aug 2018, 10:50 am by Howard Bashman
” featuring panelists Samuel Bray and Amanda Frost, moderated by Amy Mil Totenberg; “#MeToo/Best Practices for Appellate Courts to Address Past and Avoid Future Sexual Harassment Claims” featuring panelists Jaime Santos, Erica Mason, and David F. [read post]
15 Feb 2017, 3:02 am by Walter Olson
[Mississippi Business] One view of emergent controversy: “The Case Against National Injunctions, No Matter Who Is President” [Samuel Bray, LawFare, more from same author] “Court To Review Target’s $10M Customer Data Breach Settlement” [Consumerist; Minneapolis Star-Tribune; Ted Frank’s Center for Class Action Fairness is objecting] In or near Kansas? [read post]
26 May 2014, 9:05 pm by Walter Olson
[Samuel Bray, SSRN via Solum] Tweet Tags: Alien Tort Claims Act, Boston, constitutional law, Fourth Amendment, gunsSupreme Court and constitutional law roundup is a post from Overlawyered - Chronicling the high cost of our legal system [read post]