Search for: "Samuel Bray"
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3 Aug 2022, 1:33 pm
This is the second 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. The current draft is available on SSRN. As the previous post explained, most of the federal courts of appeals adopt an administrative law doctrine called remand without vacatur. These posts and the article on which they are based are concerned mainly with the doctrine's application to… [read post]
30 Nov 2021, 8:45 am
My colleague Sherif Girgis passed along these thoughts on Dobbs, which I'm posting with his permission. --- Will the Supreme Court uphold Mississippi's ban on abortions after 15 weeks without fully reversing Roe and Casey and restoring rational-basis review to abortion laws? Scholars like John McGinnis, Melissa Murray, and Mark Tushnet have wondered (without endorsement) if the Court might claim to do that by applying Casey's rule against "undue burdens" on… [read post]
5 Nov 2024, 8:14 am
Here's a quotation from Richard Rorty about context, and the last two sentences are instructive for legal interpretation. It is impossible to read a text without a context. Instead of even trying to, the interpreter should consider how each object/text is situated within a broader contextual "web," from which insight can be draw for resolving the "tensions in the region currently under strain": We pragmatists must object to, or reinterpret, two traditional methodological… [read post]
16 Oct 2024, 3:37 pm
Today the Supreme Court denied the application for a stay in West Virginia v. EPA, a challenge to an EPA rule regulating power-plant emissions of carbon dioxide. You can read Amy Howe's summary for SCOTUSBlog here. There was one noted dissent from the denial (Justice Thomas), and one justice not participating (Justice Alito). Justice Kavanaugh wrote a statement respecting the denial of the stay, joined by Justice Gorsuch. The main point of the statement was to say that the challengers were… [read post]
27 Jun 2024, 8:05 am
In SEC v. Jarkesy, Chief Justice Roberts offers the Court's latest opinion on the Seventh Amendment. Although most of the attention will rightly go to the public rights discussion, I want to briefly note and recap a few thing from the Court's Seventh Amendment primer, especially related to law and equity. (My thoughts on this are informed by Equity, Law, and the Seventh Amendment.) The Court defines what the Seventh Amendment covers by starting in reverse, with what it doesn't… [read post]
28 Apr 2018, 4:08 pm
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. How does that actually work? Recently for another project I was reading Hynes v. Grimes Packing Co., 337 U.S. 86 (1949). It offers an interesting snapshot of challenges to administrative agency decisions before the emergence of the national… [read post]
15 Feb 2017, 3:02 am
emergent controversy: “The Case Against National Injunctions, No Matter Who Is President” [Samuel [read post]
18 Jan 2024, 8:52 am
This is the second in a series of posts about the revision that is in the works for Ames, Chafee, and Re on Remedies. (The previous post is here.) Chapter 1 offers a kind of microcosm of the revisions in Ames, Chafee, and Re on Remedies. The introduction lays out different types of remedies, the goal of remedies (the plaintiff's rightful position), and equity as a central idea in the law of remedies. There are four cases in the first chapter. The first case has the job of introducing… [read post]
16 Dec 2022, 2:53 pm
Editorial, 27 Journal of the American Judicature Society 133 (1944): "It is characteristic of most reform work that the reforms are to be accomplished on somebody else." The post Commonplace Book: "It Is Characteristic of Most Reform Work" appeared first on Reason.com. [read post]
6 Dec 2021, 12:18 pm
Nathan Chapman and I have written an evaluation of religious exemptions from COVID-19 vaccine requirements. We aren't addressing the legal basis of those exemptions. Instead, the question we take up is whether certain Protestant churches--the ones in the magisterial Reformation traditions (e.g., Lutherans, Anglicans, Presbyterians)--should endorse religious exemptions from COVID-19 vaccine requirements. We consider three arguments that are made in favor of religious exemptions--the moral… [read post]
20 Apr 2018, 4:48 am
quot;the possible hazards of the use of nationwide injunctions" (citing the work of Conspirator Samuel [read post]
27 Apr 2023, 3:31 am
About 12:50 p.m., a person later identified as Samuel Fowlkes, 20, approached the protesters with two [read post]
5 Sep 2022, 5:50 pm
The authors then drop this footnote: An assessment of Professor Bray's argument is beyond the scope [read post]
9 Jan 2020, 7:00 am
Sohoni’s article has inspired an impassioned response from Professor Samuel Bray, a leading critic [read post]
4 Aug 2022, 4:46 am
This is the third 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. The current draft is available on SSRN. Regulations that are unlawful as that term is used in section 706(2) of the APA are void when adopted. The previous post reviewed the criteria that make a regulation unlawful under that provision, showing why satisfying any of the criteria makes a… [read post]
11 Jul 2018, 12:46 pm
Sir John Baker is perhaps the leading English legal historian since Maitland, and the author of the widely and justly acclaimed An Introduction to English Legal History. Those involved in debates on statutory interpretation should make themselves familiar with his case comment on Pepper v. Hart. He discusses the rule against invoking the opinions expressed by legislators in their debates, situating it within the common law tradition. He also trenchantly discusses the relation of the text to… [read post]
17 Sep 2018, 9:30 pm
Justice Thomas largely based his analysis on professor Samuel Bray’s recent article in the Harvard [read post]
28 Nov 2022, 4:45 pm
I'm delighted to post a summary from Professor John Harrison of his forthcoming article Vacatur of Rules Under the Administrative Procedure Act. Professor Harrison's work was recently highlighted by Professor Amanda Frost at SCOTUSBlog as one side of a debate critical to United States v. Texas, which will be argued tomorrow. (The other side of the debate is ably represented by Professor Mila Sohoni, whose work Frost also highlights.) Here is Professor Harrison's post: * * * As… [read post]
7 May 2018, 3:03 am
on cert petition before SCOTUS could clarify law on distribution of property after church schisms [Samuel [read post]
1 Apr 2024, 6:48 pm
My colleague Christian Burset is an outstanding legal historian, and he sent along this splendid revisionist account of Sackville's Case (1760). If you have advisory opinions on the mind, you'll be interested. — Every year since 1967, the British consulate in Chicago has received an anonymous delivery of roses on August 1. The mysterious flowers commemorate the Battle of Minden (1759), when British and German forces defeated the French army. Some British regiments still celebrate… [read post]
