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8 Dec 2023, 10:52 am by Ben Sperry
United States, 250 U.S. 616, 630 (1919) (Holmes, J., dissenting)). [read post]
21 Jun 2017, 1:29 pm by Ken White
S. 644, 655 (1929) (Holmes, J., dissenting). [read post]
30 May 2012, 10:00 am by cjschlos
  Back in 1917, Justice Oliver Wendell Holmes, Jr. wrote that musical performances in restaurants are not “eleemosynary” but rather, “are part of a total for which the public pays” Herbert v. [read post]
29 Apr 2011, 3:43 am by Russ Bensing
  In the latter category, we have Gallop v. [read post]
26 Jun 2015, 9:53 pm by Jeff Gamso
It's that people who've done monstrous things aren't monsters, they're people. [read post]
12 Nov 2019, 6:30 am by Guest Blogger
  The notion that M’Culloch v. [read post]
20 Nov 2015, 8:59 am by Rebecca Tushnet
 Gordon: remember that Holmes reminds us that just b/c something has value doesn’t mean that it should be property; and there are complicated questions about courts v. legislatures. [read post]
28 Jan 2011, 8:53 am by Dave
The test is always the view of the objective outsider but applied to the particular facts, circumstances and personalities of the people involved. [read post]
3 Feb 2024, 9:52 am by Marty Lederman
 This claim is, of course, deeply counterintuitive, and it would be very awkward, to say the least, for the Supreme Court to explain to the American people that Section 3 doesn’t apply to someone who’s been President because although that person held an “office,” it wasn’t an office “of the United States. [read post]