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20 Nov 2022, 9:00 pm by Vikram David Amar
The latest filing in the Supreme Court’s biggest pending case is a perfect illustration of how not to do serious originalism.The case, Moore v. [read post]
29 Feb 2024, 7:15 pm by Barbara Moreno
Paul Bergman, Patrick Goodman, and Thomas Holm, Cracking the Case Method:  Legal Analysis for Law School Success (2022). 49. [read post]
24 Apr 2022, 10:43 am by Lawrence Solum
  When Holmes referred to a "brooding omnipresence in the sky" he was not offering a sympathetic or charitable reading of the natural law tradition. [read post]
21 Nov 2009, 2:43 am
It was Olivsr Wendell Holmes, Jr., in The Common Law who famously said The life of the law has not been logic: it has been experience. [read post]
12 Aug 2011, 6:35 am by McNabb Associates, P.C.
Holmes, 34, is charged with one count of unlawful possession of a firearm in furtherance of drug trafficking, one count of possession with intent to distribute marijuana within 1,000 feet of Olathe North High School, one count of unlawful possession of a firearm after a felony conviction, and one count of maintaining a residence for the purpose of drug trafficking. [read post]
11 Apr 2023, 3:48 am by Seán Binder
Kara Scannell and Kristen Holmes report for CNN. [read post]
19 Feb 2013, 9:01 pm by Rodger Citron
John Marshall, Oliver Wendell Holmes, and Benjamin Cardozo are among the Supreme Court justices who have grappled with how to interpret the jurisdictional phrase “arising under. [read post]
18 Apr 2014, 12:34 pm
That’s where Justice Holmes wrote his famous line (to which I add one more sentence of context) that, “The principle that sustains compulsory vaccination is broad enough to cover cutting the Fallopian tubes. [read post]
5 Jun 2023, 2:43 am by Seán Binder
Hannah Rabinowitz and Holmes Lybrand report for CNN OTHER DOMESTIC DEVELOPMENTS  The U.N. [read post]
Another is that if the second enactment is adopted for pure rather than invidious reasons, it is a qualitatively different enactment insofar as motive, and the way the polity understands it, is an essential part of a law: Justice Holmes once reminded that even a dog knows the difference between being kicked and being tripped over.)Yet another reason proffered for refraining from motive analysis is that the motive of many legislative bodies is hard to discern—in Congress, there may be… [read post]
27 Oct 2021, 9:01 pm by Neil H. Buchanan
It sometimes seems that every policy disagreement is immediately turned into a constitutional question. [read post]
24 Sep 2021, 8:43 am by Arturo Jara
While the idea for television and TV programs may have been in the works for over 100 years, the technology experienced explosive growth beginning in the 1940s and 1950s. [read post]
8 Mar 2011, 9:17 am by Eugene Volokh
Bell (1927), the Supreme Court upheld involuntary sterilization of the allegedly mentally retarded; that’s where Justice Holmes his famous line (to which I add one more sentence of context) that, “The principle that sustains compulsory vaccination is broad enough to cover cutting the Fallopian tubes. [read post]
6 Aug 2014, 2:57 pm by Cathy Holmes
This article is the first 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]
15 Feb 2011, 5:12 am by Rebecca Tushnet
Oliver Wendell Holmes Jr. thought that imitation was a necessity of human nature: most of the things we do, we do for no better reason than that our fathers did them. [read post]
12 Aug 2011, 6:14 am by Rebecca Tushnet
Hughes: finally judges are taking Holmes’ admonition in Bleistein seriously. [read post]
9 Oct 2019, 9:11 am by Dale Carpenter
Now, he suggested, is the time to acknowledge that the statutory line between "sex" discrimination and "sexual-orientation" discrimination cannot be held, and that sexual orientation discrimination falls well within the domain of illegal sex stereotyping: The compelling social interest in protecting homosexuals (male and female) from discrimination justifies an admittedly loose "interpretation" of the word "sex" in Title VII to embrace homosexuality: an… [read post]
5 Nov 2021, 5:01 am by Robert Corn-Revere
Ultimately, they are trying to revive a form of the "bad tendency" test, which the Supreme Court began to reject a century ago, starting with separate opinions by Oliver Wendell Holmes and Louis Brandeis. [read post]