Search for: "Holmes v. Spencer"
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26 Feb 2024, 6:30 am
That is the legacy of the brilliant Oliver Wendell Holmes, Jr. [read post]
17 Feb 2024, 6:30 am
Modern originalists are leapfrogging over the Taft era to resurrect an older, anti-Federalist tradition of strict construction and textualism that dates back to Spencer Roane and John Taylor’s response to McCulloch v. [read post]
12 May 2023, 2:54 pm
Herbert Spencer's Social Statics," Lochner v. [read post]
10 Mar 2023, 9:30 pm
Diane Minear, an attorney in the Spencer Fane Overland Park, Kansas, on Myra Bradwell. [read post]
15 Oct 2020, 2:43 pm
JUDGE BARRETT: Justice Holmes' famous dissent in Lochner, which was later the position adopted by the Court [in Williamson v. [read post]
21 Sep 2020, 10:40 am
Spencer and his crew opposed that effort and everything they thought it implied, including hostility to the legacy of whiteness.The Loyal White Knights of the Ku Klux Klan were similarly motivated by the perceived threat to American whiteness. [read post]
7 Sep 2020, 8:49 am
Kel Partners, and Spencer v. [read post]
24 Jun 2020, 2:28 pm
Klingensmith, joined by Chief Judge Spencer D. [read post]
15 Nov 2019, 6:30 am
What is distinctive about McCulloch v. [read post]
12 Nov 2019, 6:30 am
The notion that M’Culloch v. [read post]
13 Oct 2019, 10:05 am
Oliver Wendell Holmes once remarked that the epigraph on his tombstone should read, "Here lies the supple tool of power. [read post]
4 Oct 2016, 7:49 am
Herbert Spencer's Social Statics" represented a complete rejection of the notion that the Constitution was somehow a libertarian document. [read post]
26 Jan 2016, 6:00 am
By the time of Nebbia v. [read post]
22 Jan 2016, 5:57 am
Herbert Spencer's Social Statics . . . . a constitution is not intended to embody a particular economic theory. [read post]
14 Sep 2015, 2:46 am
Herbert Spencer’s Social Statics. [read post]
1 Jul 2015, 8:57 am
At one point in his dissent Roberts uses the same reference to Spencer’s Social Statics and the Fourteenth Amendment that Rehnquist used at the end of his memo, language which Roberts correctly attributes to Judge Friendly and Justice Holmes, but he almost certainly had Rehnquist and perhaps his 1952 memo in mind in writing that and the rest of his dissent. [read post]
1 Jul 2015, 8:57 am
At one point in his dissent Roberts uses the same reference to Spencer’s Social Statics and the Fourteenth Amendment that Rehnquist used at the end of his memo, language which Roberts correctly attributes to Judge Friendly and Justice Holmes, but he almost certainly had Rehnquist and perhaps his 1952 memo in mind in writing that and the rest of his dissent. [read post]
28 Jun 2015, 7:27 am
How does Judge Posner reconcile his great fondness and respect for Justice Holmes’s famous dissent in Lochner v. [read post]
26 Jun 2015, 9:57 am
Warley, Pierce v Society of Sisters, and Meyer v. [read post]
9 Nov 2014, 5:00 am
http://t.co/O88Biap1fB -> Venue Clause in YouTube Terms of Service Upheld–Song Fi v. [read post]
