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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]
11 Jun 2019, 8:40 am
As Justice Oliver Wendell Holmes eloquently articulated the principle, “[e]ven in the law the whole generally includes its parts. [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]
4 Nov 2016, 6:33 am
This post examines an opinion from the Supreme Court of Wisconsin: State v. [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]
4 Jan 2021, 1:13 pm
” But the founders seem to be reading Justice Oliver Wendell Holmes (or at least some pre-2016 blogs) and try to plant Substack’s flag firmly in the sand: “We prefer a contest of ideas. [read post]
4 Nov 2020, 9:21 am
Chinese Regulators Suspend Ant Group’s IPO On Nov. 3, Chinese regulators announced the suspension of Ant Group’s initial public offering, taking the financial world by surprise. [read post]
2 Jun 2022, 11:00 am
For the Symposium on Mitchell N. [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]
7 Apr 2014, 8:15 am
Robert Merges originally wrote this essay, previously unpublished, on the thirtieth anniversary of Chisum on Patents: A Treatise on the Law of Patentability, Validity and Infringement (1978-present). [read post]
9 Sep 2016, 2:34 pm
Session 2: Why do companies patent? [read post]
