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19 Feb 2013, 9:01 pm by Rodger Citron
John Marshall, Oliver Wendell Holmes, and Benjamin Cardozo are among the Supreme Court justices who have grappled with how to interpret the jurisdictional phrase “arising under. [read post]
21 Nov 2009, 2:43 am
It was Olivsr Wendell Holmes, Jr., in The Common Law who famously said The life of the law has not been logic: it has been experience. [read post]
18 Jun 2014, 12:06 am
Justice Holmes succinctly summarized the Government’s argument supporting the constitutionality of its actions as follows: “[A]lthough of course its seizure was an outrage which the Government now regrets, it may study the papers before it returns them, copy them, and then may use the knowledge that it has gained to call upon the owners in a more regular form to produce them; that the protection of the Constitution covers the physical possession but not any advantages… [read post]
1 Feb 2007, 12:53 pm
Well, I had to at some points, but I can honestly say, and this is a mark of the book's greatness and not my trip's badness, that there were many moments during my tour of Other Part of the Country when I thought "I'd rather be reading Kim's book. [read post]
6 Dec 2022, 7:20 am by Amy Howe
Holm, the Supreme Court upheld the Minnesota governor’s veto of a congressional map enacted by the state legislature. [read post]
8 Jan 2023, 6:30 am by Guest Blogger
  But, obviously, that justification is quite different from Lincoln’s own argument, which, among other things, notably refused to suggest that slavery must be extirpated even in his own lifetime in the states where it already existed. [read post]
28 Sep 2023, 8:30 pm by Ann Pearson
But let’s try.Do you know why it’s difficult to end the confusion on those titles? [read post]
9 Feb 2009, 4:03 pm
More than the TMI, it's just excessive. [read post]
12 May 2016, 6:00 am by Administrator
If you are a publisher who would like to participate in this feature, please let us know via the site’s contact form. [read post]
20 Mar 2023, 4:50 pm by Jeremy Saland
Whether Joe Tacopina, Oliver Wendell Holmes, or Daniel Webster (Trump’s attorney is not the latter two), fixing or controlling a client’s testimony in the Grand Jury is no easy task. [read post]
12 Aug 2012, 6:11 pm by Lawrence Solum
Let’s begin with some of the things that scholars or judges who self-identify as formalists say: Judges should apply the law and not make it. [read post]
17 Apr 2011, 8:38 am by Lawrence Solum
That’s “mechanical jurisprudence,” when a judge decides a case without thinking about the consequences or the purpose of the rule. [read post]
3 Jan 2010, 12:15 pm by Lawrence Solum
Let’s begin with some of the things that scholars or judges who self-identify as formalists say: Judges should apply the law and not make it. [read post]