Search for: "Holmes v. Spencer," Results 1 - 20 of 37
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10 Aug 2010, 9:04 am by Lawrence Solum
The third or practical dimension refers to Holmes’s critique of ideology, best known from the words of his famous dissent in Lochner v. [read post]
4 Feb 2009, 3:03 am
Z T (Kosovo) (Respondent) v Secretary of State for the Home Department (Appellant) [2009] UKHL 6 (4 February 2009) Holmes-Moorhouse(FC) (Original Respondent and Cross-appellant) v London Borough of Richmond upon Thames (Original Appellants and Cross-respondents) [2009] UKHL 7 (4 February 2009) Marks and Spencer plc (Appellants) v Her Majesty's Commissioners of Customs and Excise (Respondents) [2009] UKHL [...] [read post]
28 Jun 2015, 7:27 am
How does Judge Posner reconcile his great fondness and respect for Justice Holmes’s famous dissent in Lochner v. [read post]
4 Oct 2016, 7:49 am by Sandy Levinson
Herbert Spencer's Social Statics" represented a complete rejection of the notion that the Constitution was somehow a libertarian document. [read post]
3 Jun 2012, 6:03 pm by David Bernstein
Brooks’s column never mentions the Supreme Court, constitutional law, labor regulations, Oliver Wendell Holmes, baking, or anything else that would bring Lochner v. [read post]
9 Apr 2012, 10:21 am by Big Tent Democrat
From the legal perspective, I think Herbert Spencer's identification with the concept was most famously raised by Justice Holmes' dissent in Lochner v. [read post]
17 Feb 2024, 6:30 am by Guest Blogger
Modern originalists are leapfrogging over the Taft era to resurrect an older, anti-Federalist tradition of strict construction and textualism that dates back to Spencer Roane and John Taylor’s response to McCulloch v. [read post]
10 Mar 2023, 9:30 pm by ernst
  Diane Minear, an attorney in the Spencer Fane Overland Park, Kansas, on Myra Bradwell. [read post]
15 Oct 2020, 2:43 pm by Josh Blackman
JUDGE BARRETT: Justice Holmes' famous dissent in Lochner, which was later the position adopted by the Court [in Williamson v. [read post]
1 Jul 2015, 8:57 am by Albert Wan
  At one point in his dissent Roberts uses the same reference to Spencer’s Social Statics and the Fourteenth Amendment that Rehnquist used at the end of his memo, language which Roberts correctly attributes to Judge Friendly and Justice Holmes, but he almost certainly had Rehnquist and perhaps his 1952 memo in mind in writing that and the rest of his dissent. [read post]
1 Jul 2015, 8:57 am by Albert Wan
  At one point in his dissent Roberts uses the same reference to Spencer’s Social Statics and the Fourteenth Amendment that Rehnquist used at the end of his memo, language which Roberts correctly attributes to Judge Friendly and Justice Holmes, but he almost certainly had Rehnquist and perhaps his 1952 memo in mind in writing that and the rest of his dissent. [read post]
26 Feb 2024, 6:30 am by Guest Blogger
That is the legacy of the brilliant Oliver Wendell Holmes, Jr. [read post]