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20 Oct 2015, 8:36 am by Lawrence Solum
Bray (UCLA School of Law) has posted “Necessary AND Proper” and “Cruel AND Unusual”: Hendiadys in the Constitution (Virginia Law Review, Vol. 102, 2016) on SSRN. [read post]
26 Oct 2015, 11:00 am by Dan Ernst
The word “necessary” requires a close relationship between a statute and the constitutional power it is carrying into execution, and “proper” instructs us not to interpret “necessary” in its strictest sense.To read each of these constitutional phrases as a hendiadys, though seemingly novel, actually aligns closely with the early interpretations, including the interpretation of the Necessary and Proper Clause in McCulloch v. [read post]
23 Nov 2016, 11:05 am by Amanda Frost
Although Bray thinks that this “doomsday scenario” is unlikely, it is easy to imagine in the wake of United States v. [read post]
3 Apr 2019, 7:34 am by Lawrence Solum
John Stinneford has an excellent post (via Sam Bray) on Bucklew v. [read post]
21 Jan 2012, 11:28 am by NL
Royal Bank of Scotland v Bray Halifax County Court 25 November 2011At what point in the course of an eviction and securing of a property is the warrant considered to be executed, so that no application for a stay can be made? [read post]
19 Jan 2014, 5:57 pm by Eugene Volokh
(Eugene Volokh) I just wanted to thank the many people who helped me with Obsidian Finance v. [read post]
26 Jun 2018, 11:43 am by Will Baude
And as Steve Sachs notes, there is a pending stay application in City of Chicago v. [read post]
30 Apr 2019, 5:19 am by Samuel Bray
It's remarkable that this is a novel question—it's another reminder of how recent the widespread use of national injunctions really is. [read post]