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20 May 2013, 9:33 am
Here is the abstract.The modern First Amendment began with a turn of the clock, on a Monday on March 13, 1919, the moment of the release of Justice Holmes’s seminal opinion in Schenck v. [read post]
1 Sep 2012, 9:30 am by Ilya Somin
The Third Circuit disagreed, however—if reluctantly—based on one sentence by Justice Oliver Wendell Holmes in Missouri 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]
9 Jun 2020, 9:30 pm by ernst
The decision was six to three, featuring strong dissents by Brandeis, McReynolds, and Holmes. [read post]
24 Oct 2020, 12:28 pm by Mark Tushnet
[There would be an interpretive question about Bolling v. [read post]
1 Dec 2011, 2:54 pm by David Kopel
The opinion was written by McReynolds, and joined by the progressive Justices Brandeis and Holmes, along with the rest of the Court. [read post]
9 May 2019, 2:00 am by DONALD SCARINCI
” The Chief Justice added that “as his selection of administrative officers is essential to the execution of the laws by him, so must be his power of removing those for whom he can not continue to be responsible…” Dissent in Myers v United States Justices Louis Brandeis, James Clark McReynolds, and Oliver Wendell Holmes authored dissenting opinions. [read post]
15 Feb 2012, 12:43 pm by David Lat
Holmes of the United States Tax Court, dissenting in Tigers Eye Trading, LLC v. [read post]
19 Jan 2016, 4:32 pm
United States (2014) would confirm or overrule Justice Holmes’s canonical decision in Missouri v. [read post]
23 Jun 2016, 7:18 am by Laura E. Phillips and Thomas Ince
In the recent case of Holmes v Qinetiq Ltd, the Employment Appeal Tribunal (“EAT”) considered for the first time whether the power to increase or decrease an award of compensation for a failure to comply with the ACAS Code of Practice extends to dismissals on the grounds of ill health. [read post]
8 May 2013, 10:00 am by Dan Ernst
  Here is the abstract:  The modern First Amendment began with a turn of the clock, on a Monday on March 13, 1919, the moment of the release of Justice Holmes's seminal opinion in Schenck v. [read post]