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29 Jun 2015, 7:55 am
While Justice Samuel Alito, in dissent, says that the majority is “transforming vagueness doctrine,” Justice Antonin Scalia writing for five Justices, and echoing Justice Oliver Wendell Holmes, says that “the life of the law is experience” — and the Court’s particular experience of applying the residual clause over the past decade is so uneven that only “guesswork and intuition” remain. [read post]
7 Nov 2011, 12:10 pm
Holmes, 385 F.3d 786, 790-91 (D.C. [read post]
23 Dec 2024, 11:19 am
" Judge Holmes found it "indisputable that the creation and maintenance of the social section was motivated in substantial part by a desire to impede users' access to books containing viewpoints that are unpopular or controversial in Crawford County. [read post]
4 Sep 2009, 6:12 pm
The US Third Circuit Court of Appeals, covering New Jersey, Pennsylvania and Delaware, recently released a decision in the case of Prowel v. [read post]
27 Jan 2011, 7:24 am
I have always been amazed by the amount of information and idea sharing that goes on between law firm technologists, as well as other administrative areas.Law Librarian PerspectiveSherlock Holmes...Eat your heart out! [read post]
9 Oct 2016, 9:01 pm
On September 14, 2016, the Committee on Science, Space, and Technology of the House of Representatives held hearings on the refusal of Attorneys General of New York and Massachusetts to refuse to comply with congressional subpoenas. [read post]
4 Jul 2010, 6:02 pm
MN Mining and Mfg (Docket Report) District Court Massachusetts: Delay alone does not establish prejudice necessary for prosecution laches defense: The Holmes Group, Inc. v. [read post]
8 Jun 2022, 3:36 am
Signup to receive the Early Edition in your inbox here. [read post]
23 Mar 2017, 9:01 pm
Another is that if the second enactment is adopted for pure rather than invidious reasons, it is a qualitatively different enactment insofar as motive, and the way the polity understands it, is an essential part of a law: Justice Holmes once reminded that even a dog knows the difference between being kicked and being tripped over.)Yet another reason proffered for refraining from motive analysis is that the motive of many legislative bodies is hard to discern—in Congress, there may be… [read post]
8 Dec 2011, 8:16 am
When you dispossess or displace others As Justice Holmes once observed, because the right to swing my fist e [read post]
19 Feb 2013, 9:01 pm
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]
11 Oct 2022, 4:33 am
RUSSIA, UKRAINE – FIGHTING Ukrainian authorities have accused Russian forces of launching more missiles in regions across Ukraine including Kyiv, Mykolaiv, and Zaporizhzhia. [read post]
1 Sep 2012, 2:09 pm
On August 27, 2012, the California Department of Corporations adopted a new Rule 206.204.9, which was intended to encourage capital investment in private investment funds by providing an exemption from investment adviser registration requirements for the managers of these funds. [read post]
19 Feb 2013, 2:00 pm
Holmes, 385 F.3d 786, 789-90 (D.C. [read post]
26 Aug 2010, 6:57 am
Industrialized cities were filthy, spectacularly so as recalled by London’s Great Stink of 1858, or Sherlock Holmes’ pea-soup fog (today we’d call it coal smog), or the 1952 smog. [read post]
27 Oct 2021, 9:01 pm
It sometimes seems that every policy disagreement is immediately turned into a constitutional question. [read post]
28 Sep 2023, 8:30 pm
What is a Legal Assistant vs. [read post]
26 Mar 2010, 9:13 pm
Holmes (nee Herman Mudgett) is responsible for the "Murder" and that he killed, according to Larson, somewhere between 9 and 200 people.It's a hell of a story (and a remarkably gripping book despite some narrative clumsiness and annoyances), but this isn't a review. [read post]
17 Jul 2022, 6:00 am
Justice Holmes, “is the skin of a living thought. [read post]
15 Dec 2010, 6:57 pm
There is a dazzling world of financial transactions that come under that heading, but when we think of deals like Robson Oil's, the following reflections from Brian Holmes are clarifying: [A derivative] is a fungible contract, created by applying a mathematical formula to an underlying asset or commodity whose price is susceptible to fluctuation . . . . [read post]
