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16 Oct 2018, 1:40 pm
” While he may be competitive with Frankfurter in their size of egos, it is not likely that Justice Kavanaugh will ever stand side by side with the likes of Justices Oliver Wendell Holmes, Louis Brandeis, Thurgood Marshall or Sandra Day O’Connor. [read post]
6 Aug 2018, 11:43 am
Supreme Court, a fraction of the time of major justices such as John Marshall (34 years), Stephen Field (34 years), Oliver Wendell Holmes, Jr. (29 years), Hugo Black (34 years), William Brennan (34 years), and Antonin Scalia (30 years). [read post]
11 Jun 2018, 4:30 am
Perovich, Justice Oliver Wendell Holmes cautioned, “A pardon in our days is not a private act of grace from an individual happening to possess power. [read post]
2 Apr 2018, 12:01 pm
Calvin TerBeekShortly after President Clinton’s 1996 re-election, an originalist law professor took to the pages of National Review (NR) to propose that Justice Scalia run for president on the Republican ticket in 2000. [read post]
27 Nov 2017, 10:05 am
Interestingly, the open fields doctrine, born out of a 1920s whiskey bootlegger case, is itself based on Justice Oliver Wendell Holmes’s misreading of Blackstone. [read post]
9 Nov 2017, 2:51 am
Alito did acknowledge the legal critics who slammed three Court decisions about the baseball antitrust exemption, and especially the Federal Baseball Club opinion from Justice Oliver Wendell Holmes Jr. [read post]
6 Oct 2017, 2:48 am
United States, a majority of the Court upheld the act, but Justice Oliver Wendell Holmes dissented, with Justice Louis Brandeis agreeing with Holmes. [read post]
7 Jul 2017, 5:48 am
Brennan Jr. (84), Hugo Black (85), and Oliver Wendell Holmes Jr. (90). [read post]
19 Apr 2017, 7:19 am
Law & Society since the Civil War This module consists of 11 collections from the Harvard Law School Library, highlighting three Supreme Court Justices, the first Black federal judge, high-profile cases, and insights into developing ideologies and laws, as far back as 1861 with the Papers of Oliver Wendell Holmes, which span from the Civil War to the Great Depression. [read post]
10 Feb 2017, 7:03 am
Hogue, Origins of the Common Law --Notes and Questions --Joseph Story, On Common Law and Constitutional Origins of the State Constitution --Oliver Wendell Holmes, Jr., The Common Law --Notes and Questions D. [read post]
23 Jan 2017, 6:30 am
Brandeis (1856-1941) and Oliver Wendell Holmes (1841-1935), Frankfurter goes on at length about the influence that his early mentor, Henry L. [read post]
9 Jan 2017, 7:15 am
Brandeis (1856-1941) and Oliver Wendell Holmes (1841-1935), Frankfurter goes on at length about the influence that his early mentor, Henry L. [read post]
23 Nov 2016, 9:30 pm
Here's the first paragraph:Every law student worth her salt has read, or at least heard of, Oliver Wendell Holmes and The Common Law.1 His formulation of the reasonable man (or, as we call it now, reasonable person) standard structures the foundation of the law school curriculum. [read post]
22 Nov 2016, 7:10 am
Hecht left the new lawyers with a few lasting words: “I hope your practice will be meaningful, and that in the words of the great Justice Oliver Wendell Holmes, ‘you will live greatly in the law. [read post]
14 Sep 2016, 8:00 am
A good example is Oliver Wendell Holmes, Jr., who was lionized by a generation of progressives and, thereafter, by generations of Harvard Law professors and students. [read post]
5 Jul 2016, 9:30 pm
In so doing, he inspired generations of progressive jurists—among them Oliver Wendell Holmes, Jr., Benjamin Cardozo, and Felix Frankfurter—to reshape American law to meet the demands of a new era. [read post]
19 Feb 2016, 3:58 pm
Much like Justice Oliver Wendell Holmes’ seminal opinion holding that a regulation that “goes too far” can be a taking of property (see Pennsylvania Coal Co. v. [read post]
1 Feb 2016, 7:29 am
Justice Oliver Wendell Holmes, the first child in his family, expresses the deference to precedent one would expect from an oldest child: I sometimes tell students that the law schools pursue an inspirational combined with a logical method, that is, the postulates are taken for granted upon authority without inquiry into their worth, and then logic is used as the only tool to develop the results. [read post]
26 Jan 2016, 6:00 am
In their original post introducing this conference, Fishkin and Forbath quote Oliver Wendell Holmes’s oft-cited line about Herbert Spencer’s Social Statics in Lochner. [read post]
27 Nov 2015, 9:39 am
In subsequent decades, as jurists and scholars criticized Warren’s major decisions, public schools re-segregated along racial and class lines, and problems in the field of criminal justice have intensified. [read post]
