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21 Mar 2024, 3:19 am
Considering all of these cases together, the court seems posed to further promote a robust “free trade in ideas,” which was a theory first invoked in 1919 by Justice Oliver Wendell Holmes in Abrams v. [read post]
16 Mar 2024, 4:04 pm
In the case of Adkins v. [read post]
12 Mar 2024, 2:01 pm
A century ago, Oliver Wendell Holmes, speaking for the Supreme Court, assured us that "[t]he general rule at least is that while property may be regulated to a certain extent, if regulation goes too far it will be recognized as a taking. [read post]
1 Mar 2024, 5:16 pm
The famous Brandeis brief appears around that time, in such cases as Muller v. [read post]
29 Feb 2024, 7:15 pm
Samantha Barbas, Actual Malice: Civil Rights and Freedom of the Press in New York Times v. [read post]
28 Feb 2024, 7:47 am
In 2008, the Colorado Supreme Court ruled, in Goodyear Tire & Rubber Co. v. [read post]
26 Feb 2024, 6:30 am
That is the legacy of the brilliant Oliver Wendell Holmes, Jr. [read post]
24 Feb 2024, 6:30 am
They also furnish extensive and highly useful citations to a wide range of secondary sources. [read post]
23 Feb 2024, 7:30 am
Yet in Griswold v. [read post]
22 Feb 2024, 6:30 am
Nixon v. [read post]
21 Feb 2024, 7:00 am
Consider, for instance, the end of the Court’s per curiam opinion in Bush v. [read post]
21 Feb 2024, 6:30 am
In 1918, in Hammer v. [read post]
19 Feb 2024, 6:30 am
Brandeis’s dissent in Olmstead v. [read post]
18 Feb 2024, 6:30 am
In the case of Adkins v. [read post]
17 Feb 2024, 6:30 am
” Post’s brilliant typology reveals that none of the four leading justices on the Taft Court considered themselves originalists or textualists as those terms are used on the Supreme Court today. [read post]
16 Feb 2024, 7:00 am
Bell as well as the anti-miscegenation statute at issue in Loving v. [read post]
16 Feb 2024, 6:30 am
See, e.g., Lochner v. [read post]
15 Feb 2024, 6:30 am
State Rifle & Pistol Ass’n, Inc. v. [read post]
14 Feb 2024, 6:30 am
” [34] There were still cases like Brown v. [read post]
13 Feb 2024, 6:30 am
“The time has come to blow the whistle on the Holmes Devise History of The Supreme Court,” a young professor of law at the University of Wisconsin named Mark V. [read post]