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3 Jun 2009, 7:14 am
This is like the dog that didn’t bark in Sherlock Holmes: how do you know what you’re missing? [read post]
1 Jun 2009, 12:07 pm
  Holmes, in particular, is a progressive decision for its time, and even in recent years, after Romer v. [read post]
29 May 2009, 2:06 pm
  At the risk of reproducing here what has rapidly devolved into a tedious cliché through constant repetition, I offer you what jurist and legal scholar Oliver Wendell Holmes said about the law in his best known work, The Common Law: The life of the law has not been logic: it has been experience. [read post]
26 May 2009, 9:01 pm
And that is why it is a necessary ingredient in the kind of justice we need on the Supreme Court.The quoted line comes, of course, from the 3d sentence of Holmes' 1880 Harvard lecture on liability, published as The Common Law a year later. [read post]
26 May 2009, 12:20 pm
Let us not forget that wise men like Oliver Wendell Holmes and Justice Cardozo voted on cases which upheld both sex and race discrimination in our society. [read post]
25 May 2009, 10:28 pm
Connecting to the ideas of the American legal realists Oliver Wendell Holmes, Jr., and Felix Cohen, the talk uses examples from Contract Law (assent to terms in electronic contracting cases, waiver of the failure of conditions), Medical Decision-Making (deciding on behalf of incompetent patients), and Family Law (same-sex marriage, child custody, and alimony) to make general points about how we choose words to make our decisions more persuasive or more comfortable, when we should instead be… [read post]
24 May 2009, 9:12 am
  Judge Noonan (then a law professor at Berkeley) presented it as the Holmes Lecture at Harvard Law School in 1972, and then published it as a book in 1976. [read post]
23 May 2009, 7:20 am
Wabash Railway (functionally overruling Holmes’s “stop, look and listen” test for railway crossings in favor of submitting matter to jury for contextual reasonableness determination). 5. [read post]
21 May 2009, 12:10 am
In 2008, Principal Holmes, who is the target of Neal's complaints, resigned after he was charged by school officials with fostering an environment in which teachers were free to "terrorize, gossip, tattle. [read post]
20 May 2009, 10:33 pm
Rachel Matteo Boehm (Holme Roberts & Owen) and Ian Ballon (Greenberg Traurig) were clearly knowledgeable and had obviously gone to some considerable effort to provide current and authoritative information. [read post]
20 May 2009, 6:43 am
  This is an entirely anti-Holmesian point, if one calls to mind Holmes's famous aphorism about the 'revoltingness' of prizing the past qua past. [read post]
19 May 2009, 4:05 pm
Typecasting in the new Sherlock Holmes movie?... [read post]
18 May 2009, 1:00 pm
By Catherine Holmes and the Global Hospitality Group ® Hospitality Lawyers | Authors of www.HotelLawBlog.com 18 May 2009 Hospitality Lawyer Insights from Meet the Money ® 2009: The hospitality lawyers of JMBM's Global Hospitality Group ® have presented an annual hotel conference for 19 years. [read post]
15 May 2009, 2:46 pm
No surprise: Holmes is number 1--but wasn't his best work done before 1909? [read post]