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31 Jul 2024, 5:55 am
Bell, Supreme Court Justice Oliver Wendell Holmes Jr. wrote that “three generations of imbeciles are enough” to justify the forced sterilization of Carrie Buck, a woman with intellectual disabilities. [read post]
27 Aug 2024, 6:22 am
In the words of Justice Holmes, writing about the fair report privilege, It is desirable that the trial of causes should take place under the public eye, not because the controversies of one citizen with another are of public concern, but because it is of the highest moment that those who administer justice should always act under the sense of public responsibility, and that every citizen should be able to satisfy himself with his own eyes as to the mode in which a public duty is performed.… [read post]
23 Sep 2024, 9:01 pm
As Justice Oliver Wendell Holmes once put it, it won’t do to say, “the major premise of the conclusion expressed in a statute, the change of policy that induces the enactment, may not be set out in terms, but it is an inadequate discharge of duty for courts to say: we see what you are driving at, but you have not said it, and therefore we shall go on as before. [read post]
25 Oct 2022, 6:30 am
The debate in many ways goes back to Justice Holmes’s typically cryptic dissenting opinion in Lochner v. [read post]
20 May 2019, 10:55 am
The extent to which federal obstruction of justice statutes apply to the president, especially when concerning actions facially within the office’s powers under Article II, has been hotly contested at least since President Trump fired FBI Director James Comey in May 2017. [read post]
11 Dec 2013, 9:23 am
They are then forced to play a controversial rematch with Oklahoma in the Orange Bowl, which the revenge-minded Sooners win 31-24.June 7, 1982: Boxer Gerry Cooney appeared on the cover before his fight with Larry Holmes, who dispatched him in 13 rounds four days later.May 25, 1981: A. [read post]
3 Aug 2016, 9:30 pm
[We grateful to Victoria Saker Woeste of the American Bar Foundation (vswoeste@abfn.org) for this full report of an excellent conference. [read post]
7 Oct 2015, 8:17 pm
Arbitration clauses are widely used in consumer contracts and serve two purposes that companies favor: secrecy and avoidance of class-actions. [read post]
20 May 2014, 6:08 am
This fixation on the Warren and Burger Courts is a symptom of a larger dis-ease: Whether you are a judge or an advocate, a bureaucrat or a legislative counsel, the place to begin your study of the modern Constitution is with the great decisions of a long line of Justices from Holmes to Scalia. [read post]
5 Apr 2018, 7:55 pm
See Alexander Holmes, Appellant-Defendant, v. [read post]
26 Nov 2019, 4:39 am
Martin Scorsese’s “The Irishman” has received superb reviews during its limited theater run in advance of its streaming release on Netflix on Nov. 27. [read post]
9 Jul 2011, 3:12 pm
Trial court's denial of motion to compel arbitration upheld in interlocutory appeal on waiver grounds.Adams v. [read post]
28 Jun 2012, 1:20 pm
The following case is published below with my own commentary added in the blue fields. [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]
26 Jul 2023, 11:54 am
[This is a long read, but very important for FOIA litigators!] [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]
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]
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]
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]
22 Aug 2014, 5:17 am
Holmes, 2013 WL 501731 (Ohio Court of Appeals 2013). [read post]
