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22 Oct 2008, 1:02 pm
Because one of the things considered in constitutional cases is the allocation of decision-making authority, this inclines Posner (like Holmes) to defer to legislatures in most matters, including abortion and gun control.2) Ditto about the lack of surprise with respect to Judge Wilkinson. [read post]
21 Oct 2008, 5:56 pm
Legal scholar Oliver Wendell Holmes wrestled with this problem for fifty years following his seminal tome, The Common Law in 1881. [read post]
20 Oct 2008, 10:48 pm
Posner has rarely mentioned anything worth conserving in the American constitutional tradition, except perhaps Holmes. [read post]
20 Oct 2008, 12:05 am
                                                   <a href="http://ShiftedPixels.com.au" target=_blank>Social Media Marketing Agency - Shifted Pixels</a>  … [read post]
18 Oct 2008, 5:30 am
  Here is the abstract:This essay attempts to recover a line of argument, developed by James Fitzjames Stephen and Justice Holmes, that describes majority rule as an irresistible force of nature. [read post]
13 Oct 2008, 11:00 pm
  Hand was walking with Holmes to the Supreme Court. [read post]
13 Oct 2008, 11:03 am
  Here is the abstract:This essay attempts to recover a line of argument, developed by James Fitzjames Stephen and Justice Holmes, that describes majority rule as an irresistible force of nature. [read post]
13 Oct 2008, 10:15 am
The article will also challenge a number of other common misperceptions among political scientists and law professors - arguing that Holmes and Cardozo were not pioneers or mavericks among judges in expressing realistic views of the law and judging, and arguing that the legal realists did not view judging as inevitably political. [read post]
10 Oct 2008, 10:53 am
***The Legal Blog Watch post is based an earlier post on Wired magazine's Threat Level blog about RIAA's claims that Beckerman engaged in "vexatious" litigation tactics.Wired provides a copy of the 31-page motion motion (PDF), which was filed for RIAA by attorneys Victor Kao of Robinson & Cole, in New York, and Eve Burton of Holme Roberts & Owen, in Denver. [read post]
9 Oct 2008, 8:29 pm
 Madam Justice Holmes of the BC Supreme Court held that: [16]                        Even if a case need not be exceptional to support an order for severance, it must disclose some compelling reason for such an order. [read post]
8 Oct 2008, 3:16 am
Holm, Partisan Gerrymandering, and At-Large Congressional Elections, 107 Mich. [read post]
6 Oct 2008, 6:43 am
Sending this in complete from Paris, noting that women, who hold civil society together in the course of armed conflict, are rarely at the table when peace is being negotiated. [read post]
3 Oct 2008, 10:39 pm
In answering the strategic questions of law school management, I've taken Oliver Wendell Holmes's advice. [read post]