Search for: "Samuel Bray"
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15 Nov 2023, 7:33 am
(Jesse Wegman, The New York Times) Standing Doctrine and the Supreme Court (Samuel Bray, The Volokh Conspiracy [read post]
2 Mar 2020, 8:28 am
Samuel Bray and Paul Miller have posted a new paper that critiques a growing body of scholarship that [read post]
23 Nov 2016, 11:05 am
In a new paper, UCLA School of Law professor Samuel Bray examines the history of nationwide injunctions [read post]
5 Mar 2025, 4:56 pm
Over at the Divided Argument substack, Nicholas Bagley and Samuel Bray have a post, "Sovereign Immunity [read post]
11 Nov 2019, 6:58 pm
” And at “The Volokh Conspiracy,” Samuel Bray has a post titled “8th Circuit [read post]
16 May 2023, 9:42 am
How much did the Catholic intellectual tradition influence the common law? If that question interests you, here's a new draft essay, The Influence of the Catholic Intellectual Tradition on the Common Law, that I am contributing to a festschrift to honor John Witte, one of the world's leading scholars on law and religion. The abstract: This essay considers the influence of the Catholic intellectual tradition on the common law. As a preliminary matter, the essay notes that the term… [read post]
30 Nov 2022, 6:48 am
The interesting Google nGram chart for "facial challenge" is here. The post The Rise and Fall of the Phrase "Facial Challenge" appeared first on Reason.com. [read post]
22 Jun 2024, 1:19 pm
The justices stole a march on the scholars, getting there first in publishing a seven-chapter volume called What New York State Rifle & Pistol Association v. Bruen Should Have Said.The post One Way to Read United States v. Rahimi appeared first on Reason.com. [read post]
16 Nov 2023, 6:32 pm
If you're interested in the political question doctrine, you should read my colleague Derek Muller's latest post at the Election Law Blog. Derek identifies several shifts in how lower courts are using the political question doctrine after Rucho–manageability is becoming more important, and it is manageability of rules rather than manageability of remedies that is coming to the fore.The post What Did Rucho Do to the Political Question Doctrine? appeared first on Reason.com. [read post]
10 Nov 2023, 10:52 am
Noel Cox, The Influence of the Common Law on the Decline of the Ecclesiastical Courts of the Church of England, 3 Rutgers J. L. & Religion 1 (2001-2002): "If there is one lesson to be learnt from the experience of the Church courts since the Reformation, it is that their strength depended not just upon retaining the confidence of the bishops, clergy and laity, but that without a strong cadre of professional judges and counsel 'learned in the ecclesiastical law', they fall under… [read post]
19 Feb 2018, 1:39 pm
The U.S. Supreme Court has just been asked to review a major church property decision. At issue is who owns the land and buildings of 29 formerly Episcopal parishes in South Carolina. Some of these parishes have had their property for a long time—one of these parishes dates back to 1680, about a century before the Episcopal Church even existed as an entity in the United Sates. But notwithstanding this history, and even though the local congregations hold title to all these properties, the… [read post]
4 Oct 2024, 1:26 pm
Next week the U.S. Supreme Court will hear oral argument in Lackey v. Stinnie, a case that presents two questions about whether and when a party who receives a preliminary injunction may recover attorneys' fees as a "prevailing party" under 42 U.S.C. § 1988. An en banc decision of the Fourth Circuit said yes to prevailing party status for the plaintiff who secured a preliminary injunction before the challenged statutory provision was repealed. The case is interesting for… [read post]
13 Mar 2024, 6:13 am
I was delighted to see the Judicial Conference of the United States is acting to promote random case assignment in certain declaratory judgment and injunction cases. You can read the press release here. It will be important to see the details, but as outlined, this policy change will ameliorate the consequences of forum-shopping in the federal courts, particularly when that forum-shopping allows plaintiffs to essentially select the judge who will hear the case. Allowing a plaintiff to select her own… [read post]
19 May 2022, 5:56 am
My colleague and friend Sherif Girgis has sent me the following thoughts on the Equal Protection Clause and the momentous abortion case on the Supreme Court's docket. -- The leaked Dobbs draft spends pages arguing that abortion is not a deeply rooted unwritten right. That's had me thinking more about the most powerful alternative argument: that abortion rights follow from the enumerated right to equal protection. I want to float a thought on this family of views. The… [read post]
8 Aug 2018, 10:50 am
” featuring panelists Samuel Bray and Amanda Frost, moderated by Amy Mil Totenberg; “#MeToo [read post]
26 May 2014, 9:05 pm
[Samuel Bray, SSRN via Solum] Tweet Tags: Alien Tort Claims Act, Boston, constitutional law, [read post]
28 Oct 2025, 9:56 am
Law by Nathaniel Donahue (Yale Law Journal forthcoming) Remedies in the Officer Removal Cases by Samuel [read post]
30 Mar 2023, 11:34 am
"Few exercises of the judicial power are more likely to undermine public confidence in the neutrality and integrity of the Judiciary than one which casts the Court in the role of a Council of Revision, conferring on itself the power to invalidate laws at the behest of anyone who disagrees with them. In an era of frequent litigation, class actions, sweeping injunctions with prospective effect, and continuing jurisdiction to enforce judicial remedies, courts must be more careful to insist on the… [read post]
6 Jan 2023, 8:01 am
[A New Course at Notre Dame Law School] I am happy to share this guest post by Steven A. Mitchell, a law library faculty member at the Notre Dame Law School. It's about an amazing new course that Steven has designed and is teaching this spring at Notre Dame. As the courts increasingly rely on arguments from historical and linguistic sources, I expect courses like the one Steven is teaching will start becoming more widespread. * * * One of the delights of being a Research and Instruction… [read post]
16 Nov 2022, 6:50 am
If you have elementary school age children, you probably know about the "Who Would Win?" books. The conceit is straightforward: posit two animals, and ask which of them would prevail in a struggle. Lion versus tiger, whale versus giant squid, tyrannosaurus rex versus velociraptor. For those who have followed the debate over national injunctions, we now have a new entry in this genre: APA vacatur versus national injunction. In May, a district court issued a national injunction prohibiting… [read post]
