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16 Sep 2020, 6:30 am
Is a “republican” society organized around the quest for a common good that will be sought by suitably socialized citizens destined to become a distinctly more “liberal” order that accepts the priority of individual interests and the psychology associated with self-seeking (ultimately defined so memorably by Oliver Wendell Holmes in terms of his completely egoistic “bad man” concerned only with maximizing individual utilities)? [read post]
27 Jul 2014, 9:03 am
“For the rational study of the law the blackletter man may be the man of the present, but the man of the future is the man of statistics and the master of economics. [read post]
2 Apr 2018, 12:01 pm
“No one else of prominence in America’s public life,” wrote John McGinnis, “makes the case for conservatism better than Scalia. [read post]
20 Apr 2020, 6:30 am
Indeed, the first casebooks in constitutional law, at the turn of the 20th century, began with treatments of constitutional amendment inasmuch as their authors correctly recognized, as John Marshall put it in McCulloch v. [read post]
24 Jun 2021, 6:30 am
In “The Adventure of Silver Blaze,” Holmes infers from the fact that a dog did not bark that an intruder was not a stranger. [read post]
13 Jul 2015, 10:40 am
Thanks so much, John, for that too-generous introduction. [read post]
7 Apr 2014, 8:15 am
John Deere, Gottschalk v. [read post]
12 Aug 2011, 6:35 am
John B. [read post]
11 Apr 2023, 3:48 am
Kara Scannell and Kristen Holmes report for CNN. [read post]
27 May 2007, 10:11 pm
Grass -- Carl Sandburg When War Was Heroic, Two Memorial Day Addresses by Oliver Wendell Holmes, Jr., brought to us by the Law Librarian Blog. [read post]
27 Sep 2018, 6:00 am
Across several prior posts, I have outlined how the 2007 conviction of Brendan Dassey for the murder of Teresa Halbach—part of the largest criminal investigation in Wisconsin’s history—can enhance the investigative criminal procedure classroom for law students and law professors alike. [read post]
29 Jun 2015, 7:55 am
United States, Justice Scalia, joined by Justice Ruth Bader Ginsburg and then-Justice John Paul Stevens, suggested that the clause might be unconstitutionally vague. [read post]
9 Oct 2016, 9:01 pm
The Christian Science Monitor reported in 1977 the concern of John A. [read post]
4 Jul 2010, 6:02 pm
MN Mining and Mfg (Docket Report) District Court Massachusetts: Delay alone does not establish prejudice necessary for prosecution laches defense: The Holmes Group, Inc. v. [read post]
19 Feb 2013, 9:01 pm
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]
2 Dec 2024, 9:05 pm
Here, we are reminded of Oliver Wendell Holmes’ poem, in which, he decried the efforts of short-sighted cost cutters to scrap “Old Ironsides”: “Ay, tear her tattered ensign down! [read post]
29 Oct 2024, 9:01 pm
Holm, involving gubernatorial involvement in federal-election regulation) is something that according to Harper majority, per Chief Justice John Roberts, “commands [the Court’s] continued respect. [read post]
8 Jan 2008, 2:53 pm
As Sherlock Holmes would say, "Watson, the case is afoot. [read post]
9 Aug 2010, 5:28 pm
” As Oliver Wendell Holmes wrote: In order to know what [the law] is, we must know what it has been, and what it tends to become. [read post]
19 Jun 2011, 5:35 pm
Fiction, well, I love John Sandford, the science-fiction writer Neal Stephenson, and the fantasist Neil Gaiman—his story “A Study in Emerald,” a mash-up of Sherlock Holmes and H.P. [read post]