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1 Feb 2016, 7:29 am
Justice Oliver Wendell Holmes, the first child in his family, expresses the deference to precedent one would expect from an oldest child: I sometimes tell students that the law schools pursue an inspirational combined with a logical method, that is, the postulates are taken for granted upon authority without inquiry into their worth, and then logic is used as the only tool to develop the results. [read post]
15 Jan 2013, 10:32 am
Although Justice Holmes famously suggested the simple test that a cause of action should always “arise under” the law that creates it, the Court has during the intervening century felt compelled on several occasions to recognize exceptions, causes of action that “arise under” federal law even though they are created by state law. [read post]
30 Apr 2023, 7:49 pm
Sam Bankman-Fried, Elizabeth Holmes and Bernie Madoff were not particularly good at creating real value, but they were all extremely capable storytellers. [read post]
23 May 2009, 11:28 am
[Reprinted Holmes Beach, Fla.: Wm. [read post]
5 Mar 2010, 9:22 am
Of the 504 defendants indicted for capital murder between 1992 and 1999, the Harris County district attorney, then Johnny Holmes, pursued death sentences against 129. [read post]
22 Mar 2011, 5:51 pm
t forget my own longings for certainty, which heartily resisted the pronouncement of Justice Holmes, that certainty generally is illusion and repose is not our destiny [read post]
1 Jul 2008, 3:21 am
"There is no question of his guilt, and the law says [lethal injection] is an appropriate punishment," said Wayne Holmes, a Seminole-Brevard assistant state attorney and prosecutor on the initial Schwab case.Junny's parents, Vicki and Braulio "Junny" Rios-Martinez, could not be reached for comment.For the past 16 years, Schwab has lived in a 6-by-9-foot cell in Florida State Prison in Starke. [read post]
5 Jun 2012, 9:04 am
But by the turn of the last century, the federal court caseload had reached a level where, notwithstanding the literary merit of opinions drafted by the likes of such luminaries as Holmes, Brandeis, Cardozo, Friendly, or Hand, certainly the bulk of what came out was thinly researched and argued and often simply ideological. [read post]
30 Nov 2018, 7:01 am
Other Notes If you are entertained by Judge Holmes’ opinions, be sure you read the footnotes. [read post]
25 May 2006, 2:51 pm
Oliver Wendell Holmes (1841 - 1935). [read post]
14 Mar 2007, 2:49 pm
Eleanor Holmes-Norton (D-D.C.) [read post]
23 May 2009, 7:20 am
Wabash Railway (functionally overruling Holmes’s “stop, look and listen” test for railway crossings in favor of submitting matter to jury for contextual reasonableness determination). 5. [read post]
21 Nov 2011, 9:45 am
As Justice Holmes long ago admonished, “a strong public desire to improve the public condition is not enough to warrant achieving the result by a shorter cut than the constitutional way of paying for the change. [read post]
2 Jan 2011, 8:32 am
Code 552.108) in a case styled Holmes v. [read post]
1 Apr 2008, 12:38 pm
After our first English guest Nick Holmes called John the "leading UK family law blogger," we decided to track him down for an interview. [read post]
21 Apr 2020, 11:25 am
Conjetura de Sherlock Holmes: Siempre paga el pato las clase media, aunque cada vez el pato es mas grande y la clase media mas pequeña, elemental. [read post]
7 Jun 2009, 11:53 pm
Second, I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn't lived that life.Let us not forget that wise men like Oliver Wendell Holmes and Justice Cardozo voted on cases which upheld both sex and race discrimination in our society. [read post]
10 Feb 2011, 5:00 am
Sounds good in theory but the theory starts to break down from the moment the IME doctor is hired; as Sherlock Holmes would say, the "game is afoot. [read post]
10 Jun 2014, 6:30 am
The court agreed with the law student and quoted Justice Oliver Wendell Holmes that “Courts should not be blind to what is obvious to all. [read post]
11 Jan 2010, 1:15 pm
If, for example, the Police track down a yellow car (that supposedly struck a black car parked on the street), with black paint smeared around fresh accident damage, it won't take Sherlock Holmes to put 2 and 2 together. [read post]
