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15 Sep 2010, 4:00 am
He told interviewer George Stephanopoulos: "[Justice] Holmes said [the First Amendment] doesn’t mean you can shout 'fire' in a crowded theater. [read post]
15 Sep 2010, 12:26 am
Damned if I know) she must be adjudged noble and the charges against her dismissed.From Connecticut, there's the absolutely extraordinary events in the capital trial of Steven Hayes where a juror was dismissed after telling the judge that he was confused and frustrated that the prosecution was so unfocused and another juror wanted more details than the prosecution provided.And from Justice Stephen Breyer, there's the frightening misrepresentation of Holmes' warning about the… [read post]
14 Sep 2010, 2:13 pm
Holmes said, it doesn't mean you can shout fire in a crowded theater. [read post]
14 Sep 2010, 8:23 am
Some excerpts: “Holmes said [the First Amendment] doesn’t mean you can shout ‘fire’ in a crowded theater,” Breyer told me. [read post]
13 Sep 2010, 12:21 pm
Department of Labor issues guidance on requirement that employers provide nursing mothers with breaks and places to express breast milkReed Smith LLPA little-noticed provision of the 2010 health care reform legislation requires employers to provide nursing mothers with "reasonable break time" to express breast milk for one year after a child's birth.Department of Labor interpretation expands the “compensable workday”Holme Roberts & Owen LLPThe Department of… [read post]
12 Sep 2010, 11:00 am
Thorndike (Tax Analysts): Oliver Wendell Holmes once observed that "taxes are what we pay for civilized society," and for more than 200 years, Americans have been remarkably willing to pony up. [read post]
10 Sep 2010, 10:41 pm
But, as with the First Amendment, Brandeis and Holmes dissented, presaging the arrival of the glorious Warren Court, which overturned Olmstead in Katz v. [read post]
10 Sep 2010, 8:02 pm
On display through October 8 in the Caspersen Room (the exhibition hall at the north end of the Langdell fourth floor reading room) are: the earliest printed textbook on English land law, Littleton’s Tenures, 1482 the first English and American editions of Blackstone’s Commentaries (perhaps the most famous book in Anglo-American law) the author’s own copy of the very first casebook in legal education, Langdell’s Cases on Contracts, 1871 the author’s own copy of… [read post]
10 Sep 2010, 12:41 pm
” – Oliver Wendell Holmes Coping with changes that affect an older person’s independence isn’t easy. [read post]
10 Sep 2010, 8:07 am
We're talking about the Restatement (Third) of Torts, Products Liability §2, to be precise. [read post]
9 Sep 2010, 10:33 am
The legal realists came along in the 1920s and 1930s—building on Holmes, Pound, and Cardozo—to explode the formalist myth, showing that law is filled with gaps and contradictions, that contrary precedents exist, that judges make choices and create law, that their personal views sometimes influence their decisions, and that often judges reason backwards to provide legal justifications for a preferred result. [read post]
9 Sep 2010, 8:10 am
Childress's recent project that spurred the interview is an annotated version of Holmes's "The Common Law," which he says he "decoded" and cleaned up, correcting serious defects in the digital versions that were previously available. [read post]
9 Sep 2010, 7:59 am
Smith It is a capital error, housing consultant Sherlock Holmes ought to have said, to mistake a shift in perceptions for a shift in reality, as demonstrated by this otherwise intriguing article in Business Reader by prolific bearish prognosticator Keith Jurow: There is a far-reaching change occurring now which threatens housing markets around the country. [read post]
9 Sep 2010, 5:39 am
Leon Holmes in Fayetteville, Arkansas, has denied GE’s motion to dismiss an attempted monopolization case brought by Mitsubishi. [read post]
8 Sep 2010, 11:14 am
This isn't some law prof who has gone the self-publication route because no major publisher would accept his 2010 edition of Holmes' The Common Law. [read post]
7 Sep 2010, 3:35 pm
Tennessee Copper, 206 U.S.230, in which the Justice Oliver Wendell Holmes said: It is a fair and reasonable demand on the part of a sovereign that the air over its territory should not be polluted on a great scale by sulphurous acid gas, that the forests on its mountains, be they better or worse, and whatever domestic destruction they have suffered, should not be further destroyed or threatened by the act of persons beyond its control, that the crops and orchards on its hills should not be… [read post]
7 Sep 2010, 3:07 pm
The life of the law is experience, not logic, Oliver Wendell Holmes, Jr., once famously remarked. [read post]
7 Sep 2010, 9:16 am
Unfortunately, Rebecca Traister and Anna Holmes beat me to the punch. [read post]
7 Sep 2010, 8:45 am
In particular, this Article examines two of Rodell’s critiques of Frankfurter: his attack on Frankfurter’s slavish attitude toward Justice Holmes, and his consideration of Frankfurter’s veneration of “judicial restraint. [read post]
7 Sep 2010, 7:10 am
In particular, this Article examines two of Rodell’s critiques of Frankfurter: his attack on Frankfurter’s slavish attitude toward Justice Holmes, and his consideration of Frankfurter’s veneration of “judicial restraint. [read post]