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26 Feb 2020, 9:51 am by Samuel Bray
Yesterday the Senate Committee on the Judiciary held a hearing about national (a.k.a. nationwide or universal) injunctions. [read post]
11 Mar 2020, 6:04 am by Samuel Bray
A friend recently asked for a two-sentence summary of my view of Liu v. [read post]
17 Nov 2018, 11:21 am by Samuel Bray
A major new brief in the Seventh Circuit sanctuary city caseA major new brief on national injunctions was filed two days ago in the Seventh Circuit sanctuary city case. [read post]
29 Apr 2020, 9:13 pm by Samuel Bray
[SCOTUS amici versus John Harrison] Among the cases that are at the Supreme Court this term is Trump v. [read post]
15 Jan 2024, 8:35 am by Samuel Bray
The next edition of Ames, Chafee, and Re on Remedies is off to the publisher (Foundation) for next fall, and I'm going to write a series of posts about the revision. [read post]
20 Jun 2023, 4:54 am by Samuel Bray
"Legal history regarded as a whole is a history of institutions as well as of doctrines, and it cannot be complete until the influence of each of these two factors in producing the common product is shown in its due proportion. [read post]
17 Nov 2018, 11:21 am by Samuel Bray
A major new brief in the Seventh Circuit sanctuary city caseA major new brief on national injunctions was filed two days ago in the Seventh Circuit sanctuary city case. [read post]
26 Jun 2018, 5:58 pm by Samuel Bray
The national injunction is moving from a simmer to a boil. [read post]
29 Nov 2022, 11:02 pm by Samuel Bray
Yesterday the Supreme Court heard argument in United States v. [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]
22 Aug 2019, 8:43 am by Samuel Bray
[The Seventh Circuit reverses course] There was a very significant decision yesterday from the Seventh Circuit on whether the Federal Trade Commission can seek restitution under Section 13(b) of the Federal Trade Commission Act. [read post]
19 Jul 2022, 6:44 am by Samuel Bray
From David Daube, the renowned scholar of biblical and Roman law, who was a professor at Oxford and Berkeley among other places: "As regards interpretation, the author of the Rhetoric to Alexander distinguishes between laws which are clear and laws which are ambiguous. [read post]
6 May 2018, 6:19 pm by Samuel Bray
Last week seven states filed a suit in the Southern District of Texas seeking a national injunction (complaint, motion for preliminary injunction). [read post]
29 Mar 2019, 2:04 pm by Samuel Bray
If you want a brief overview of remedies in American private law, here's one I recently prepared. [read post]
6 Aug 2022, 3:27 am by Samuel Bray
This is the fifth and last in in a series of posts summarizing an article titled Remand Without Vacatur and the Ab Initio Invalidity of Unlawful Regulations in Administrative Law, which is forthcoming in the BYU Law Review. [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]
24 May 2022, 5:02 pm by Samuel Bray
Eugene has a post on today's decision by the Fourth Circuit (per Judge Heytens) on Rep. [read post]