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15 Jan 2015, 9:01 pm by Vikram David Amar
Holm, in 1932, the Court upheld Minnesota law’s inclusion of the governor in the districting process through the power of the veto, holding that there is nothing in the federal Constitution that suggests “an attempt to endow the Legislature of the state with the power to enact laws in any manner other than that in which the Constitution of the state has provided that all laws shall be enacted. [read post]
15 Jan 2015, 9:01 pm by Vikram David Amar
Holm, in 1932, the Court upheld Minnesota law’s inclusion of the governor in the districting process through the power of the veto, holding that there is nothing in the federal Constitution that suggests “an attempt to endow the Legislature of the state with the power to enact laws in any manner other than that in which the Constitution of the state has provided that all laws shall be enacted. [read post]
3 May 2022, 6:30 am by Guest Blogger
I wrote my own dissertation over a half-century ago on Holmes and Frankfurter and, like most “progressives” of the time, disdained their visions of “judiciary restraint” that too often served to justify varieties of oppressive govern [read post]
27 Feb 2015, 9:36 am by Rebecca Tushnet
  She identifies as a Sherlockian, which is a different fan community from “Sherlock Holmes fans,” though crosspollination between the communities has been very productive. [read post]
3 Aug 2023, 8:15 am by Rebecca Tushnet
Lumping things together doesn’t teach anything (Oliver Wendell Holmes). [read post]
25 Nov 2019, 6:00 am by Brian Gallini
Last week’s post told the story of two New York rappers whose separate traffic stops demonstrate how officers rely on the automobile exception to the Fourth Amendment’s search warrant requirement. [read post]
10 Sep 2014, 11:06 pm by Jeff Gamso
The positive law theorists (like Hobbes and Holmes*) would say “yes, it is just”–so long the judge acts pursuant to the law. [read post]
28 Aug 2017, 4:18 pm by INFORRM
Judge Kūris paraphrases Oliver Wendell Holmes Jr. in the opening sentence of his critical dissent: “It is often said that hard cases make bad law. [read post]
31 Jul 2013, 4:13 am by Matthew L.M. Fletcher
” Congresswoman Eleanor Holmes Norton, the Representative from the District of Columbia, states that Mr. [read post]
23 Mar 2008, 8:56 pm
Eric's first point is that judges should engage in more judicial restraint. [read post]
16 Aug 2007, 9:09 am
This risk is enhanced by the profile's "chameleon-like way of adapting to any particular set of observations. [read post]
7 Feb 2018, 7:43 am by MBettman
Holmes, 106 Ohio St. 437 (1922) (a per curiam opinion must be read in light of the facts of the particular case.) [read post]
20 Sep 2017, 3:27 am by Lyle Denniston
Holmes, a minister of the Jehovah’s Witnesses faith who was one of those who had contested the war through the claim that the draft was invalid. [read post]
21 Nov 2013, 6:13 am
Those who deny freedom to others, deserve it not for themselves". - Abraham LincolnIn the classic Doyle/Holmes tale The Silver Blaze, the absence of an event itself provided a critical clue. [read post]
11 Jun 2019, 8:40 am by Kia Rahnama
As Justice Oliver Wendell Holmes eloquently articulated the principle, “[e]ven in the law the whole generally includes its parts. [read post]
1 Dec 2014, 7:05 am by Ronald Mann
The firms apparently came to each other’s attention in 1996, when Hargis’s attempt to register the “Sealtite” mark came to B&B’s attention. [read post]
19 Jun 2013, 9:03 am by Sarah Tran
As Justice Holmes put it, personality contains something singular and “irreducible, which is one man’s alone. [read post]
10 Feb 2020, 9:00 am by Rebecca Tushnet
[B/c it’s not as concentrated, even though it’s pretty concentrated! [read post]
28 Jan 2007, 7:19 pm
Sentences, Propositions, Meaning, and Truth There are lots of ways we could start, but let's begin with a simple sentence. [read post]
4 Apr 2014, 4:57 pm by Rebecca Tushnet
Courts sometimes have stepped in first in looking at new tech, and Congress followed: Justice Holmes, 1911, Court extended copyright to motion pictures. [read post]