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28 Feb 2024, 7:47 am by David McLain
 Current law also provides that a claim of relief arises when a defect’s physical manifestation was discovered or should have been discovered. [read post]
26 Feb 2024, 6:30 am by Guest Blogger
”             Having spent 35 years laboring on a book that will market for $250 a copy, I fully identify with Holmess sentiment. [read post]
25 Feb 2024, 6:00 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]
24 Feb 2024, 6:30 am by Guest Blogger
Post’s new book, The Taft Court: Making Law for a Divided Nation, 1921-1930, is the latest installment of the Oliver Wendell Holmes Devise History of the Supreme Court of the United States. [read post]
23 Feb 2024, 7:30 am by Guest Blogger
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 Feb 2024, 6:30 am by Guest Blogger
” Some, including apparently Thurgood Marshall, saw this as evidence that Holmes actually thought he’d settled the matter; others read it as ironic (1436). [read post]
21 Feb 2024, 7:00 am by Guest Blogger
Indeed, Post himself confessed that when he was assigned volume on Taft in the Holmes Devise series, he felt he’d “drawn the short straw. [read post]
21 Feb 2024, 6:30 am by Guest Blogger
”[2] (Oliver Wendell Holmes notably dissented: “It will need more than the Nineteenth Amendment to convince me that there are no differences between men and women, or that legislation cannot take those differences into account. [read post]
20 Feb 2024, 6:30 am by Guest Blogger
For the Balkinization symposium on Robert Post,  The Taft Court: Making Law for a Divided Nation, 1921–1930 (Cambridge University Press, 2024).William Forbath     Robert Post’s two-volume Holmes Devise History of the Taft Court is a tour de force. [read post]
19 Feb 2024, 6:30 am by Guest Blogger
In contrast to Holmes, progressives like Brandeis became increasingly skeptical of the use of positive law to reshape custom and opposed the expansion of government powers to enforce the law. [read post]
16 Feb 2024, 9:30 pm by ernst
  A symposium on Robert Post's Holmes Devise history of the Taft Court is at Balkinization. [read post]
16 Feb 2024, 7:00 am by Guest Blogger
  With Robert Post’s magisterial volume on the Taft Court following closely on the heels of Mark Tushnet’s breakthrough contribution on the Hughes Court, the Holmes Devise 1921-1941 has now been safely returned (at long last) to its original ambition, purpose, scale, and scope as a legitimate history of record. [read post]
16 Feb 2024, 6:30 am by Guest Blogger
 Of all the insightful biographical chapters in Post’s Holmes Devise volumes, the Van Devanter chapter is the most illuminating because it reveals how vital he was not only as then-Chief Justice Taft’s friend and “lord chancellor” but also as one of the Court’s intellectual leaders. [read post]
15 Feb 2024, 6:29 pm by Yosi Yahoudai
The San Joaquin County Medical Examiner’s Office confirmed the man’s identity with ABC10 as Roger Foy, however, his family said “Foy” was a middle name and he went by Roger Holmes. [read post]
14 Feb 2024, 6:30 am by Guest Blogger
[17] And/or did the experience of being president make him a better chief justice, as Holmes believed? [read post]
13 Feb 2024, 6:43 pm by Samuel Bray
Oliver Wendell Holmes, Jr., Ideals and Doubts, in Collected Legal Papers 303, 305 (1920), quoted in Michael Boudin's review of a volume of Louis Brandeis's letters, 85 Yale L. [read post]
13 Feb 2024, 4:05 pm by Lawrence Solum
It is based mostly on Holmess own reading, and his writing as a common-law lawyer. [read post]