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28 Jun 2017, 12:44 pm
In the November 6, 2015 edition of the Law Times, personal injury lawyer Brian Goldfinger wrote an article entitled “Three Day Summary Judgment Mini Trial”. [read post]
14 Apr 2024, 1:21 pm
Holmes, our supreme court noted that a family court judge can award retroactive child support. [read post]
25 May 2022, 4:23 am
Hannah Rabinowitz and Holmes Lybrand report for CNN. [read post]
8 Dec 2006, 3:30 pm
One of the most significant developments in U.S. antitrust law in years has come upon the horizon: the much criticized, nearly 100 year old rule holding that minimum resale price maintenance ("RPM") is per se illegal is in jeopardy. [read post]
10 Oct 2009, 5:55 am
Part 1 and part 2 of this series examined the historical context of the debate surrounding dairy product food safety, and the mechanisms by which pasteurized or raw dairy products may become contaminated with foodborne pathogens. [read post]
15 Dec 2017, 7:25 am
The following is a series of questions posed by Ronald Collins on the occasion of the publication of David M. [read post]
30 Apr 2010, 1:40 pm
Future of Journalism: Unpacking the Rhetoric, liveblogged by the Stanford Center for Internet & Society if you want a different take from mine, or if you just want notes from my panel, where vigorous debate kept me from taking many notes. [read post]
22 Dec 2011, 8:27 am
As a first year law student, a handful of things are given to you (at least where I studied): a pre-fabricated schedule, a non-negotiable slate of professors, and a basic history lesson — illustrated through individual cases. [read post]
2 Aug 2024, 12:30 pm
Over at the Advisory Opinions podcast, IJ's Anthony Sanders indicts Justice Oliver Wendell Holmes Jr., who turns out to have been a bit of a bad egg Constitution-wise. [read post]
15 Dec 2014, 4:44 pm
This article is the fourth in a series of articles on how EB-5 regional centers and sponsors can evaluate broker-dealer, investment company and investment adviser registration requirements under U.S. securities laws. [read post]
5 Jan 2011, 12:30 am
If you're Oliver Wendell Holmes, Jr., you write an opinion for the Court explaining that (1) there's no double jeopardy problem because there could have been separate trials with differing verdicts so why not a single trial, and (2) anyway, who's to say that the jury didn't just decide to give Dunn a partial break by find him not guilty of the liquor charges.Consistency in the verdict is not necessary. [read post]
22 Aug 2011, 9:53 am
The Necessary and Proper Clause authorizes Congress “To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. [read post]
6 Aug 2010, 11:46 am
(Orin Kerr) Today the D.C. [read post]
23 Mar 2010, 5:48 pm
Google’s view was perhaps best put by Oliver Wendell Holmes, Jr. in his 1919 dissent in Abrams v. [read post]
25 Nov 2019, 6:00 am
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]
31 Jan 2023, 6:36 pm
” Sherlock Holmes’ fans, of course, will recognize that iterative disjunctive syllogism is nothing other than the process of elimination, as explained by the hero of Sir Arthur Conan Doyle’s short stories.[15] The fourth edition should correct the error of the third edition, and it should dispel the strange notion that differential etiology is not used by scientists or clinicians themselves. [read post]
27 Mar 2012, 8:59 pm
United States, 256 U.S. 335 (1921), Justice Holmes writing for a unanimous Court that included Louis Brandeis (the greatest Progressive jurist), explained: Rationally the failure to retreat is a circumstance to be considered with all the others in order to determine whether the defendant went farther than he was justified in doing; not a categorical proof of guilt. [read post]
15 Jan 2015, 9:01 pm
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]
22 Jun 2011, 3:00 am
This is one of a series of posts that will excerpt sections from the third edition of my book, Day on Torts: Leading Tennessee Tort Cases. [read post]
7 Feb 2010, 5:41 am
Another figure worth mentioning Herbert Spencer, whose "Social Statics" famously drew Justice Holmes's fire in the famous lochner dissent. [read post]
