Search for: "Samuel Bray"
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3 May 2021, 9:02 am
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]
9 Nov 2018, 6:01 am
National, preliminary, mandatoryYesterday the Ninth Circuit upheld a preliminary injunction requiring the Department of Homeland Security to maintain the DACA program. [read post]
1 Apr 2019, 6:31 pm
A new amicus brief in the Fifth CircuitToday an amicus brief was filed in the Affordable Care Act case in the Fifth Circuit, on behalf of Kevin Walsh, Michael McConnell, and me. [read post]
16 Jun 2021, 5:32 am
One of the Biden administration's early environmental efforts was a "pause" of new oil and gas leases by the federal government. [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]
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]
14 Jan 2019, 5:30 pm
One judge grants a national injunction, another declines toIn two opinions issued today, federal district courts wrestled with the question of whether to give a national injunction. [read post]
8 Jan 2019, 6:16 am
One judge grants a national injunction, another declines toIn two opinions issued today, federal district courts wrestled with the question of whether to give a national injunction. [read post]
6 Nov 2019, 10:39 pm
[A major dissenting opinion by Judge Stras] The Eighth Circuit has just published its decision in Rodgers v. [read post]
17 Nov 2018, 12:29 pm
In my previous post I highlighted three weaknesses in the new historians' brief about national injunctions. [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]
20 Aug 2021, 5:11 pm
[The latest national injunction] Another national injunction, in another case called Texas v. [read post]
13 Nov 2023, 5:48 am
Today the Harvard Law Review has published its issue on the Supreme Court's October 2022 Term, and Will Baude and I have a case comment on Biden v. [read post]
10 Jan 2023, 4:31 pm
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]
7 Jan 2021, 6:45 am
In Liu v. [read post]
18 Feb 2022, 7:48 am
The Seventh Amendment civil jury trial right is complicated. [read post]
11 Sep 2019, 4:30 pm
[Are the days of the national injunction numbered?] [read post]
5 Jun 2020, 7:35 am
[A cert petition to watch at the Supreme Court] For those who are interested in equitable remedies or the Seventh Amendment, there's an interesting cert petition by Seth Waxman et al. in TCL Communication Technology v. [read post]
18 Dec 2020, 9:53 am
Today I am working on materials for the remedies casebook that is edited by Emily Sherwin and me. [read post]
8 May 2018, 11:15 am
Sometimes the question is asked whether the Administrative Procedure Act authorizes courts to give national injunctions, because it says that a "reviewing court shall . . . hold unlawful and set aside agency action, findings, and conclusions found to be . . . arbitrary . . . [read post]