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24 Jun 2020, 7:01 pm
For example, in 1958, Judge Learned Hand of the Second Circuit delivered the Holmes Lectures at Harvard Law School and sharply criticized recent Supreme Court decisions on constitutional law, including Brown v. [read post]
15 Feb 2011, 2:56 pm
Professor Richard Leiter, on his blog, The Life of Books, poses The 21st Century Law Library Conundrum: Free Law and Paying to Understand It: The digital revolution, that once upon a time promised free access to legal materials, will deliver on that promise; it’s just that the free materials it will deliver, even if it comprises the sum total of all primary law in the country at every level and jurisdiction, will amount to only a minor portion of the materials that lawyers need in order to… [read post]
6 Aug 2010, 11:46 am
(Orin Kerr) Today the D.C. [read post]
4 Jun 2012, 1:57 am
If you’ve been following my outrage over the California State Bar Association’s so-called “interpretation” of our state law known as SB 94, then you know the issue. [read post]
17 Nov 2011, 3:41 am
Prosumption: shifting the barriers between information producers and consumers One of the major revolutions of the Internet era has been the shifting of the frontiers between producers and consumers [1]. [read post]
9 Sep 2010, 10:33 am
The legal realists came along in the 1920s and 1930s—building on Holmes, Pound, and Cardozo—to explode the formalist myth, showing that law is filled with gaps and contradictions, that contrary precedents exist, that judges make choices and create law, that their personal views sometimes influence their decisions, and that often judges reason backwards to provide legal justifications for a preferred result. [read post]
25 Nov 2019, 6:00 am
Last week’s post told the story of two New York rappers whose separate traffic stops demonstrate how officers rely on the automobile exception to the Fourth Amendment’s search warrant requirement. [read post]
6 Dec 2019, 12:03 pm
Author: Luke Hasskamp This article—the third in a series—focuses on the Supreme Court’s decision in Federal Baseball Club v. [read post]
6 Jun 2024, 1:34 pm
Young Thug, a prominent rapper, is currently on trial in Atlanta, two years after being arrested for racketeering and gang-related charges. [read post]
10 Oct 2009, 5:55 am
Part 1 and part 2 of this series examined the historical context of the debate surrounding dairy product food safety, and the mechanisms by which pasteurized or raw dairy products may become contaminated with foodborne pathogens. [read post]
15 Dec 2014, 4:44 pm
This article is the fourth 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]
19 Feb 2010, 5:39 pm
The DOJ’s report on the OLC torture memos is finally out. [read post]
23 May 2011, 7:04 am
” Paraphrasing Oliver Wendell Holmes, public officials have as much duty to enforce citizens’ turning square corners in their contracts as citizens have to expect the government to turn square corners with them. [read post]
22 Nov 2011, 4:00 am
“If you would understand anything,” said Aristotle, “observe its beginning and its development.” Understanding the historical relationship between copyright and the First Amendment is especially relevant today, with free speech concerns raised over pending rogue sites legislation — the PROTECT IP Act in the Senate and the Stop Online Piracy Act in the House — and domain name seizures — the Second Circuit will be hearing arguments about whether… [read post]
31 Oct 2022, 10:31 am
If the court took your original plea under the Holmes Youthful Trainee Act (HYTA), MCL 333.7411, MCL 769.4a, ‘under advisement,’ or some other’ deferral, you could lose this status. [read post]
22 Oct 2017, 4:18 pm
Panayiotou v London Borough of Waltham Forest (2017) EWCA Civ 1624 This is an important court of appeal decision on the meaning of ‘significantly’ in Lord Neuberger’s definition of vulnerability under s.189(1)(c) Housing Act 1996 in Hotak v Southwark LBC (2015) UKSC 30, [2016] AC 811 (our report). [read post]
21 Feb 2011, 4:07 pm
Should internet publications be subject to pre-suit resolution? [read post]
23 Dec 2008, 2:57 pm
Shor, No. 07-2334 A sentence for conspiracy to distribute ecstasy is affirmed where the district court correctly calculated his sentence in adding a criminal history point pursuant to U.S.S.G. section 4A1.1(c) based on defendant's prior sentence for an assault with a dangerous weapon that resulted in a two-year probationary sentence imposed under Michigan's Holmes Youthful Trainee Act. . [read post]
29 Jun 2009, 5:05 pm
" Oliver Wendell Holmes, The Path of the Law, 10 HARV. [read post]
1 Jul 2024, 9:02 pm
As Justice Oliver Wendell Holmes said, judges legislate “interstitially. [read post]
