Search for: "Holmes v. Powers" Results 201 - 220 of 649
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7 Jun 2019, 6:30 am by Sandy Levinson
 Popular sovereignty meant, as Holmes argued, that even "tyrannical" laws should be upheld if they represented the wishes of legislative majorities. [read post]
31 May 2019, 6:00 am by Guest Blogger
  Apart from his ACA decisions, in his dissent in Obergefell v. [read post]
9 May 2019, 2:00 am by DONALD SCARINCI
” The Chief Justice added that “as his selection of administrative officers is essential to the execution of the laws by him, so must be his power of removing those for whom he can not continue to be responsible…” Dissent in Myers v United States Justices Louis Brandeis, James Clark McReynolds, and Oliver Wendell Holmes authored dissenting opinions. [read post]
3 May 2019, 7:21 am by Andrew Hamm
As Justice Oliver Wendell Holmes famously suggested in 1919 in Schenck v. [read post]
30 Apr 2019, 7:22 am by Stephen Sachs
But in light of Holmes's own reticence, it's important to remember that this is not the only possible approach; that history and legal theory do offer alternatives; that different polities can choose, through their own constitutional systems, the powers they want their judges to enjoy. [read post]
8 Apr 2019, 6:00 am by Sandy Levinson
  Certainly, Donald Trump exhibits no respect for Roberts, whatever his willingness to rubber-stamp executive power in the Hawaii case.) [read post]
29 Mar 2019, 5:24 pm by Kirk Jenkins
  Yet, no one involved appears to have questioned the federal courts’ power to order the whole arrangement unraveled. [read post]
29 Mar 2019, 5:24 pm by Kirk Jenkins
  Yet, no one involved appears to have questioned the federal courts’ power to order the whole arrangement unraveled. [read post]
29 Mar 2019, 5:24 pm by Kirk Jenkins
  Yet, no one involved appears to have questioned the federal courts’ power to order the whole arrangement unraveled. [read post]
17 Dec 2018, 8:02 am by Andrew Hamm
He was not able to avoid the issue in Buck v. [read post]
20 Jun 2018, 11:53 am by Philip Bobbitt
It is, as Chief Justice John Marshall observed of the commerce power in McCulloch v. [read post]