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26 Feb 2024, 6:30 am by Guest Blogger
Holmes chafed at his relative obscurity, struggling to resign himself to a career in which what mattered was only “what a few masters scattered here and there say. [read post]
24 Feb 2024, 6:30 am by Guest Blogger
Post’s new book, The Taft Court: Making Law for a Divided Nation, 1921-1930, is the latest installment of the Oliver Wendell Holmes Devise History of the Supreme Court of the United States. [read post]
21 Feb 2024, 7:00 am by Guest Blogger
Consider, for instance, the end of the Court’s per curiam opinion in Bush v. [read post]
4 Dec 2023, 3:06 pm by Aaron Moss
Music Matters One Song, Two Copyrights Trying to determine the public domain status of music can present another trap for the unwary. [read post]
4 Jul 2023, 9:02 pm by Vikram David Amar
He acknowledged that, as a logical matter, AIRC followed from the result and rationale in the Smiley v. [read post]
9 Apr 2023, 9:30 pm by ernst
[On Tuesday, April 4, Georgetown Law devoted a session of its faculty workshop to honoring the publication of The Hughes Court: From Progressivism to Pluralism, 1930-1941 (Cambridge University Press, 2022), a volume in the Oliver Wendell Holmes Devise History of the Supreme Court of the United States, by Mark V. [read post]
25 Oct 2022, 6:30 am by Guest Blogger
              The debate in many ways goes back to Justice Holmes’s typically cryptic dissenting opinion in Lochner v. [read post]
14 Aug 2022, 9:02 pm by Dan Flynn
That means at least four of the nine justices want to hear the matter. [read post]
15 Jul 2022, 6:30 am by Mark Graber
  For pragmatists, what matters are the conclusions, not the metaphysics. [read post]
As Oliver Wendell Holmes put it, “three generations of imbeciles are enough. [read post]
13 Apr 2022, 12:43 pm by Ronald Collins
Harlan’s moral vision is memorialized in his lone dissent in Plessy v. [read post]
31 Jul 2020, 7:20 am by Ronald Collins
” — Oliver Wendell Holmes, Brown University Commencement Address (1897) The following is a series of questions posed by Ronald Collins to Catharine Pierce Wells in connection with her new book, “Oliver Wendell Holmes: A Willing Servant to an Unknown God” (Cambridge University Press, 2020). [read post]
26 Jun 2020, 6:30 am by Guest Blogger
” Hence Oliver Wendell Holmes’s famous statement that “it is the merit of the common law that it decides the case first and determines the principle afterwards. [read post]
24 Jun 2020, 7:01 pm by Eugene Volokh
For example, in 1958, Judge Learned Hand of the Second Circuit delivered the Holmes Lectures at Harvard Law School and sharply criticized recent Supreme Court decisions on constitutional law, including Brown v. [read post]