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20 Apr 2020, 6:30 am
For the Symposium on Richard Albert, Constitutional Amendments: Making, Breaking, and Changing Constitutions (Oxford University Press, 2019). [read post]
23 Feb 2024, 7:30 am
The careers of a number of prominent law professors have been weighed down by the heavy burden of expectations arising from the Oliver Wendell Holmes Devise History of the Supreme Court. [read post]
4 Apr 2014, 3:04 pm
Remedies and EnforcementModerator: Mitchell Zimmerman, Fenwick & West LLPTo copyright maximalists, the entire population of the world seems to be Holmes’ bad man.Corynne McSherry, Electronic Frontier FoundationBroad agreement on need to fix, even if we don’t agree how. [read post]
9 Sep 2016, 2:34 pm
Session 2: Why do companies patent? [read post]
13 Jul 2015, 10:40 am
” And a word, as Justice Holmes wrote, is but the “skin of a living thought. [read post]
2 Jun 2022, 11:00 am
For the Symposium on Mitchell N. [read post]
26 Jul 2023, 11:54 am
[This is a long read, but very important for FOIA litigators!] [read post]
10 Sep 2014, 11:06 pm
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]
22 Jul 2013, 8:05 am
The Four Horsemen were balanced by the brilliance and courage of both Holmes and Brandeis but there is no such balance to the Gang of Four. [read post]
21 Sep 2020, 10:40 am
No one expected their words to be enlightening or their tone harmonious. [read post]
22 Aug 2014, 5:17 am
Holmes, 2013 WL 501731 (Ohio Court of Appeals 2013). [read post]
24 Sep 2021, 6:30 am
For the Balkinization symposium on Rosalind Dixon and David Landau, Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy (Oxford University Press, 2021).Kim Lane Scheppele Oscar Wilde could well have been talking about a new generation of autocrats when he penned the aphorism that “imitation is the sincerest form of flattery. [read post]
14 May 2019, 9:27 am
“[U]sers can easily create specific searches, including all Sherlock Holmes works posted in 2018 that are exactly 221 words long and Lord of The Rings/Game of Thrones crossovers that don't include either Frodo Baggins or Arya Stark. [read post]
8 Aug 2024, 1:05 pm
Mark Bartholomew, Publicity Rights After Warhol Risk that courts will apply Warhol to ROP cases, but transformativeness is the only element in the ROP defense as defined by the California SCt rather than a multifactor fair use test. [read post]
19 Aug 2015, 7:30 am
Who, after all, in 2015 does not agree with Oliver Wendell Holmes that one must understand both “logic” and “experience” when analyzing any given legal order—or that “experience” will ultimately dominate “logic” with regard to explaining the survival of any legal system over significant spans of time? [read post]
14 Nov 2021, 6:30 am
A thoroughly racist unanimous decisions by the Supreme Court in the 1920’s, obviously joined by Holmes and Brandeis, included even “Caucasian” Brahmins from India within the category forbidden to become naturalized because, as Justice Sutherland told us, what the United States really wanted to do was to confine immigration to Europeans and, as the 1924 law restricting immigration demonstrated, preferably northern (and Protestant) Europeans. [read post]
16 Feb 2018, 11:00 am
[title fixed because I can't keep seasons straight]Suneal Bedi, Bad Brands: Experimental Studies in Trademark TarnishmentWhat is the reputation of a mark? [read post]
4 Apr 2014, 4:57 pm
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]
2 Apr 2018, 12:01 pm
Calvin TerBeekShortly after President Clinton’s 1996 re-election, an originalist law professor took to the pages of National Review (NR) to propose that Justice Scalia run for president on the Republican ticket in 2000. [read post]
22 Jul 2018, 1:39 pm
Holmes Co. v. [read post]
