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29 Jun 2015, 8:40 am
Sherlock Holmes through the data, by Adam Frost and James Kynvin.Does statistical evidence takes the fun out of it for you? [read post]
29 Jun 2015, 7:55 am
While Justice Samuel Alito, in dissent, says that the majority is “transforming vagueness doctrine,” Justice Antonin Scalia writing for five Justices, and echoing Justice Oliver Wendell Holmes, says that “the life of the law is experience” — and the Court’s particular experience of applying the residual clause over the past decade is so uneven that only “guesswork and intuition” remain. [read post]
29 Jun 2015, 7:41 am
(What I vehemently reject is Justice Holmes’s solo dissent in Lochner, which was praised on Friday by Chief Justice Roberts, that effectively makes the presumption irrebuttable.) [read post]
29 Jun 2015, 2:15 am
" Burford also sued APS and Gary Holmes, the owner of APS, for breach of contract. [read post]
28 Jun 2015, 5:01 pm
(A famous article written by a Catholic law professor connected "Hobbes, Holmes, and Hitler," for example.) [read post]
28 Jun 2015, 1:12 pm
Oliver Wendell Holmes said, "It's dangerous to think about legal issues can be worked out like mathematics. [read post]
28 Jun 2015, 7:27 am
Lest we think that this praise is just for Holmes’s rhetoric, and that he substantively disagrees with Holmes’s critique of the majority, Posner has added that “Holmes’s one-page dissent says everything that needs to be said to unmask any pretense that the majority was engaged in something that might be called legal analysis. [read post]
26 Jun 2015, 9:53 pm
Burwell, that an Exchange established by the Statemeansan Exchange established by the State or by the Federal Government.It's a defensible legal argument despite Nino Scalia's accurate claim that it'sinterpretive jiggery-pokery.And it's an example, if one were needed, that when Holmes (that's Oliver Wendell, Jr., not Sherlock) saidThe life of the law has not been logic; it has been experience,He was making a significant point. [read post]
26 Jun 2015, 3:29 pm
He continues his provocative opinion by musing that the majority’s discovery of a new fundamental right in the Fourteenth Amendment has curiously been overlooked by some of the brightest legal minds in America, referring to Oliver Wendell Holmes, Learned Hand, Louis Brandeis, Benjamin Cardozo, and other brilliant jurists of the past. [read post]
26 Jun 2015, 1:35 pm
While the vote was 5-4, eight of nine Justices (all but Justice Holmes) agreed that the Constitution protects economic liberty. [read post]
26 Jun 2015, 9:57 am
I suppose it will always be a matter of opinion the extent to which any given Supreme Court ruling reflected the Justices’ personal policy preferences, but there is now virtually a scholarly consensus that: (a) Lochner had its roots in a combination of longstanding natural rights and anti-class legislation ideology that preexisted the Fourteenth Amendment and influenced understanding of equal protection and due process before the Civil War, and was prevalent in Republican and abolitionist… [read post]
26 Jun 2015, 9:45 am
If they followed Oliver Wendell Holmes, Jr., the reject substantive due process. [read post]
26 Jun 2015, 7:03 am
The Supreme Court has ruled that the Constitution recognizes a right to same-sex marriage. [read post]
25 Jun 2015, 1:17 pm
By Catherine DeBono Holmes, Esq. [read post]
25 Jun 2015, 1:17 pm
By Catherine DeBono Holmes, Esq. [read post]
25 Jun 2015, 1:17 pm
By Catherine DeBono Holmes, Esq. [read post]
25 Jun 2015, 7:17 am
Here's the abstract: Justice Holmes long ago recognized the conventional nature of property. [read post]
25 Jun 2015, 2:14 am
Holmes v. [read post]
24 Jun 2015, 7:27 pm
Holmes, “Response to comments on ‘Teratogen Update: Bendectin’,” 31 Teratology 432 (1985). [3] See FDA News Release, “FDA approves Diclegis for pregnant women experiencing nausea and vomiting,” (April 8, 2013). [read post]
24 Jun 2015, 11:50 am
The series will dramatize the relationship between the iconic magician/escapotologist Harry Houdini (born Erich Weisz), to be played by Weston, who devoted the last years of his life to debunking Spiritualism and the author of the Sherlock Holmes stories, Sir Arthur Conan Doyle, to be played by Mangan, who believed fervently in Spiritualist doctrine. [read post]
