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12 Aug 2011, 10:37 am
Under the Michigan Youthful Trainee Act (also known as the Holmes Youthful Trainee Act), individuals aged 17-20 may avoid a criminal record after successful completion of their sentence. [read post]
31 Jan 2010, 7:30 pm by Orin Kerr
I have long thought that Lochner was silly, based on a nontextual and ahistorical doctrinal test that the Court was right to abandon, and that Holmes was a judicial hero for rejecting it and embracing judicial restraint. [read post]
28 Aug 2015, 10:28 am by David Gabor
In language that may go down in the annals of law next to such well known sayings as “I know it when I see it” (Justice Potter Stewart) and “falsely shouting fire in a crowded theater,” (Justice Oliver Wendell Holmes) Judge Jeffrey Howard wrote, “a chicken sandwich is not eligible for copyright protection. [read post]
4 Apr 2012, 5:06 am
New York, Justice Holmes dissented and said, enigmatically, "The Fourteenth Amendment does not enact Mr. [read post]
13 Mar 2012, 10:15 am by Alfred Brophy
The judicial modesty once practiced by Learned Hand, John Harlan, and Oliver Wendell Holmes has given way to competing schools of liberal and conservative activism seeking sanctuary in Living Constitutionalism, Originalism, Process Theory, or the supposedly anti-theoretical creed of Pragmatism. [read post]
10 May 2009, 7:09 pm
Sandford 1859 John Stuart Mill’s On Liberty. 1864 Geneva Convention 1881 Holmes, The Common Law 1900 Burgerliches Gezetzbuch 1919 The Covenant of the League of Nations 1921 Permanent Court of International Justice 1931 Statute of Westminster 1945 Nuremburg Indictments 1948 Universal Declaration of Human Rights is here 1957 Treaty of Rome 1996 Constitution of the Republic of South Africa (we were actually thinking of the Constitutional Court Certification of the Amended… [read post]
15 Jan 2007, 12:13 pm
Elisa Holmes identifies two approaches - instrumental and constitutive - to comparison, explaining they offer a basis for distinguishing discrimination analysis from equality analysis. [read post]
10 Apr 2012, 5:01 am by J Robert Brown Jr.
Franke Professor of Law and Business, Stanford Law School Mellody Hobson, President and Director of Ariel Investments, LLC Stephen Holmes, General Partner and Chief Operating Officer, InterWest Partners Adam Kanzer, Managing Director and General Counsel of Domini Social Investments and Chief Legal Officer of the Domini Funds Roy Katzovicz, Partner, Investment Team Member and Chief Legal Officer, Pershing Square Capital Management, L.P. [read post]
14 Aug 2022, 9:02 pm by Dan Flynn
California Solicitor General Samuel Thomas Harbourt, and attorneys Bruce Andrew Wagman of Riley, Safer Holmes & Cancila LLP and Richard Mathew Wise with the California Department of Justice are on the other side. [read post]
12 Jul 2017, 1:12 pm by Alex Potcovaru
Holmes said yesterday that a small mistake by a pilot could easily result in unintended escalation in Syria, Defense One reports. [read post]
13 Nov 2019, 3:22 pm by Scott R. Anderson, Quinta Jurecic
If Holmes confirms this story, the president will have lost one of the few arguments left in his defense. [read post]
30 Nov 2015, 6:13 am by Eugene Volokh
The limits on what constitutes punishable incitement, from the Holmes and Brandeis post-World War I dissents to Brandenburg v. [read post]
18 Aug 2023, 4:30 am by Michael C. Dorf
But at least Justice Holmes acknowledged that "[o]f course an employee of the United States does not secure a general immunity from state law while acting in the course of his employment. [read post]
25 Apr 2022, 4:30 am by Michael C. Dorf
That view sounds a bit too much like Holmes's no-right-to-be-a-policeman. [read post]
14 Aug 2022, 9:30 pm by ernst
With help from another realtor, John Lankford, Holmes sold that rowhouse to two Black schoolteachers, Frederick and Mary Hundley in January 1941. [read post]
13 Jul 2017, 4:07 pm by Gritsforbreakfast
 Another key, too-often neglected transparency issue: Former Harris County DA Johnny Holmes and the Texas Supreme Court, abetted by the Legislature after the fact, gutted the Law Enforcement exception (Govt Code 552.108) to the Public Information Act in Holmes v. [read post]
11 Aug 2014, 4:24 am by Ben
In its submission to the US Department Of Justice's review of collective licensing in America, music collecting society BMI has said that it believes that music publishers should be allowed to choose which rights they allow it to administer. [read post]
22 Feb 2024, 6:30 am by Guest Blogger
” Some, including apparently Thurgood Marshall, saw this as evidence that Holmes actually thought he’d settled the matter; others read it as ironic (1436). [read post]