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25 Apr 2008, 11:38 am
And the prevailing view of the time was reflected in Justice Holmes' now-infamous decision in Federal Baseball Club v. [read post]
12 Oct 2010, 7:36 pm by Timothy Sandefur, guest-blogging
“Liberty of contract” and the broad powers of review assumed by the courts under the 5th and 14th Amendments were the elements which barred the way to reform, — and it is against these interpretations that Justice Holmes’ most significant attacks have been directed. [read post]
14 Sep 2016, 8:00 am by Ilya Somin
Even though Holmes made many bad decisions (including Buck v. [read post]
30 May 2007, 10:07 pm
The seminal case, of course, is Jacobson v. [read post]
3 Apr 2020, 6:49 pm by Sandy Levinson
 The basic problem, as Jack fully realizes, is how one constructs a stable--and admirable--polity for what Holmes called people of "fundamentally different views," where some of the central differences involve precisely what might count as "the public interest" or "pubic good. [read post]
12 Mar 2012, 8:13 am by Ronald Collins
Douglas wrote: “Books must serve as powerful agencies of social, economic, or political reform. [read post]
5 Jun 2007, 4:31 pm
As Bruce Ackerman's Holmes lectures show (120 Harv. [read post]
20 Jun 2018, 11:53 am by Philip Bobbitt
It is, as Chief Justice John Marshall observed of the commerce power in McCulloch v. [read post]
25 May 2017, 1:54 pm by Jim Martin
  Notably, the Holmes dissent represented a retreat from his “clear and present danger” doctrine as expressed in his majority opinion for Schenck v. [read post]
26 Oct 2017, 7:16 am by Ronald Collins
— Antonin Scalia (1986) If one would know Justice Oliver Wendell Holmes, one must read his memorable speeches, especially his Civil War addresses. [read post]
26 Feb 2009, 12:42 pm
Cranston J held: Local Authorities had a considerable discretion in the exercise of their statutory powers of allocation under s.159 HA 1996, Holmes Moorhouse v Richmond upon Thames (2009) UKHL 7 [Our note here]. [read post]