Search for: "Samuel Bray"
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19 Aug 2024, 5:43 pm
for 2025 include: } Charles Barzun (Virginia) } Seth Davis (UC-Berkeley) } Seana Shiffrin (UCLA) } Samuel [read post]
15 Jan 2018, 9:43 am
” Samuel Bray, a law professor at the University of California, Los Angeles, asked the paper. [read post]
20 Jun 2023, 4:54 am
"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. Law can act upon practical affairs only through institutions, and these two sides are indeed so closely connected that it is impossible for any student whose main interest is in one side to give an account of his subject without treating more or less fully of the… [read post]
2 Mar 2023, 5:04 pm
Justice Rehnquist in 1975: Moreover, neither declaratory nor injunctive relief can directly interfere with enforcement of contested statutes or ordinances except with respect to the particular federal plaintiffs, and the State is free to prosecute others who may violate the statute. Doran v. Salem Inn, Inc., 422 U.S. 922, 931 (1975). The post Declaratory judgments and injunctions are party-specific appeared first on Reason.com. [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. But the court narrowed the preliminary injunction, which had covered parties and non-parties alike in the plaintiff states. Now the injunction protects only the parties to the case–as it should. The court's opinion is here. Co-blogger Jonathan Adler has already written about… [read post]
6 Sep 2022, 6:56 am
substantive merger of law and equity (on the extent of that merger, see, e.g., Petrella, as discussed in Bray [read post]
5 May 2022, 11:33 am
In the forthcoming Oxford Handbook of Christianity and Law, Paul Miller and I are contributing a chapter on "Christianity and Equity." We've just posted a substantially revised version of the chapter. The new version has less coverage of Aristotle, but it adds a section on equity in the Hebrew Bible, has a bit more on canon law and the Magisterial Reformation, and has new sections on the early modern Chancery and post-seventeenth-century developments. You can read the new version… [read post]
11 Jan 2024, 2:41 pm
A fascinating set of arguments from Justice Samuel Selden of the New York Supreme Court in 1851: Nature [read post]
17 Nov 2018, 11:21 am
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. (My analysis of the district court's first opinion in the case is here, of its second opinion here, and of the appellate panel's opinion here.) The authors are an all-star cast of legal historians and historians of the early Republic from Stanford, Princeton, and Columbia: Amalia Kessler, Bob Gordon, Bernie Meyler, Gregory… [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 . . ." (5 USC § 706). In this post I'll offer a quick reminder of why the APA does not authorize national injunctions. First, when the APA was enacted the expectation was that agencies would make policy primarily… [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. In other words, one should be careful not to think that an injunction is simply on all fours with the scope of the right in question. To the contrary, an… [read post]
15 Jan 2024, 8:35 am
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. Who is the audience for these posts? Well, I expect law students will be very interested in what goes into a casebook revision, especially given the cost of casebooks. Law professors who teach Remedies will be interested, as well as those who might teach Remedies soon. If you're a practicing lawyer and want to know what… [read post]
13 Jan 2023, 1:10 pm
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. Numerous persons. The cases where of numerous persons having a material interest, a portion may be dispensed with as parties, rest on the principle of virtual representation, i. e., the principle that where a large number of persons have a common interest, a portion of the number bringing a bill or defending in behalf of… [read post]
29 Nov 2022, 11:02 pm
Yesterday the Supreme Court heard argument in United States v. Texas. This case brings together standing, merits, and remedial issues of unusual complexity. Here are a few points of commentary on the vacatur question, about which there was a range of views on the Court, to put it mildly. One of the occupational hazards of studying remedies is that the Court will often grant certiorari on remedial questions only to have them disappear because of how the question of standing or merits was resolved… [read post]
24 Sep 2022, 6:47 pm
My eponymous co-blogger Eugene Volokh has called attention to a case that involves the question whether a bumble bee is a "fish" for purposes of a California statute. This kind of problem of surprising statutory scope comes up often (mischief rule to the rescue!). This particular case brought to mind a pithy case I sometimes teach in Remedies. It's Knox v. Massachusetts Society for the Prevention of Cruelty to Animals, 12 Mass. App. Ct. 407 (Mass. App. Ct. 1981), and is in the… [read post]
10 Sep 2022, 6:25 am
Georgia v. President of the United States (August 26) is a major new case about national injunctions. Seven states brought a challenge to the vaccine mandate for federal contractors, and a trade association intervened (Associated Builders and Contractors). On the merits, the question was whether the contractor mandate went beyond the president's powers under the Procurement Act. The district court said the challengers were likely to succeed on the merits and issued a national injunction… [read post]
6 Aug 2022, 3:27 am
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. The current draft is available on SSRN. These posts, and the article on which they are based, criticize the doctrine of remand without vacatur. This last post discusses some implications of those criticisms for the debate about universal relief against the government –… [read post]
19 Jul 2022, 6:44 am
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. I have never come across any of the former kind." (The quote is from Daube's collected works, volume 4, page 186.) The post Two Kinds of Laws: Clear and Ambiguous appeared first on Reason.com. [read post]
17 Nov 2018, 12:29 pm
In my previous post I highlighted three weaknesses in the new historians' brief about national injunctions. Here I want to interact with some of the more specific claims and evidence. If the previous post was more in the nature of a forest, be warned that this one is all trees. 1. The historians' brief rightly focuses on the bill of peace as the single best historical analogy for the national injunction. That is a point I conceded in Multiple Chancellors, while also arguing that the… [read post]
23 Jun 2023, 9:30 pm
Word from George Burton Adams, via Samuel Bray, Notre Dame Law (Volokh Conspiracy). [read post]
