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3 Apr 2013, 4:55 pm by Sandy Levinson
”  Such adaptation is surely an important part of our constitutional history.This is presumably what Oliver Wendell Holmes meant by emphasizing that “the life of the law” was “experience” or what he called “the felt necessities of the time” rather than responses to the ostensible demands of cold “logic. [read post]
26 Mar 2013, 5:30 am by Bruce E. Boyden
It may be the case in Hollingsworth and Windsor that, as Justice Oliver Wendell Holmes, Jr. wrote in Haddock v. [read post]
23 Mar 2013, 2:12 am by Jasmine Joseph
When granted, it is the determination of the ultimate authority that the publicwelfare will be better served by inflicting less than what the judgment fixed (Biddle v. [read post]
22 Mar 2013, 5:28 am by Andrew Koppelman
  They clearly are a source of law, as the plaintiffs found in Singer v. [read post]
19 Mar 2013, 8:00 am by Dan Ernst
Of the Supreme Court Justices, only Justice Holmes opposed traditional jurisprudence and favored sociological jurisprudence.Part III of this Article contends that the Court had previously implicitly adopted the principles of sociological jurisprudence in the context of race in Plessy v. [read post]
11 Mar 2013, 11:24 am
 The IPKat's resident expert in the affairs of the higher echelons of the British judiciary informs him that litigation in the UK in the honest concurrent use dispute of Budejovicky Budvar Narodni Podnick v  Anheuser-Busch Inc (noted by the IPKat here) is not going any further. [read post]
25 Feb 2013, 2:39 pm by John J. Sullivan
  The court traced its definition of proximate causation to the Supreme Court’s 1992 opinion in Holmes v. [read post]
25 Feb 2013, 4:06 am by Bill Araiza
As a follow up to my tongue-in-cheek post last Friday about language from judicial opinions I want to mention something that's bothered me for a while now, and see if people think I'm being over-sensitive: the jocular riffing on Justice Holmes's "Three generations of imbeciles is enough" language from Buck v. [read post]