Search for: "Oliver Wendell Fields"
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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]
13 Aug 2021, 1:03 pm
Especially in the latter column, I argued that this is not in fact a matter of balancing individual freedom against social harms, because the concepts of force, choice, and all of the other buzzwords that are being endlessly repeated by the antisocial right are deeply incoherent.There was a very good exchange on the comments board for that second column, with an especially important point offered by Professor Dorf, suggesting that I might have overstated my claim in a way that could seem to… [read post]
20 Apr 2020, 6:30 am
The endorsements on the back jacket, all from truly leading figures in the fields of American and comparative constitutional law are correct to include terms like “provides essential insight,” “magnificent,” “masterly,” erudite,” and “exceptionally important. [read post]
25 Jun 2023, 6:00 am
In his famous 1985 article, Pierre Schlag provided this example: In one torts casebook, for instance, Oliver Wendell Holmes and Benjamin Cardozo find themselves on opposite sides of a railroad crossing dispute. [read post]
7 Jul 2020, 9:01 pm
”Oliver Wendell Holmes, Jr., is another candidate GOAT. [read post]
15 Feb 2011, 5:12 am
Oliver Wendell Holmes Jr. thought that imitation was a necessity of human nature: most of the things we do, we do for no better reason than that our fathers did them. [read post]
5 Jul 2022, 9:01 pm
As Oliver Wendell Holmes put it, “three generations of imbeciles are enough. [read post]
28 May 2015, 2:29 pm
For polygraph evidence, courts have used the error rate factor to obscure their policy prejudices against polygraphs, and to exclude test data even when the error rate is known, and rather low compared to what passes for expert witness opinion testimony in many other fields[2]. [read post]
21 Mar 2023, 7:01 am
Buckley, The Once and Future King: The Rise of Crown Government in America (Encounter 2014) Brad Snyder, The House of Truth (Oxford 2017) (assigned ms) Stephen Garbaum, The New Commonwealth Model of Constitutionalism (Cambridge 2013) Laura Donohue, The Future of Foreign Intelligence (Chicago 2016) (assigned ms) 2014: Clark Neily, Terms of Engagement: How Our Courts Should Enforce the Constitution's Promise of Limited Government (Encounter 2013) Thomas Healy, The Great Dissent: How… [read post]
27 May 2007, 10:11 pm
Grass -- Carl Sandburg When War Was Heroic, Two Memorial Day Addresses by Oliver Wendell Holmes, Jr., brought to us by the Law Librarian Blog. [read post]
25 Apr 2023, 6:30 am
This post was prepared for a roundtable on Civic Education, convened as part of LevinsonFest 2022—a year-long series gathering scholars from diverse disciplines and viewpoints to reflect on Sandy Levinson’s influential work in constitutional law. [read post]
9 Apr 2015, 4:23 am
Supreme Court Chief Justice Oliver Wendell Holmes’ “Bad Man” theory of how you set up the law. [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]
27 Jul 2014, 9:03 am
“For the rational study of the law the blackletter man may be the man of the present, but the man of the future is the man of statistics and the master of economics. [read post]
28 Aug 2014, 11:24 am
3-29; 185-215__________THE COMMON LAWBy Oliver Wendell Holmes, Jr. [read post]
29 Nov 2023, 7:55 am
Through these experiences, the field of legal semioticsinitiates understandings about law and exercises control over the concept and practice of regu-lation. [read post]
15 Dec 2010, 4:27 pm
”22 There are perhaps few areas of law where one can find clients whose interests more closely match Lubet's description than tax law; thus, it should be a consideration for anyone entering the field. (3) Third, tax legislation is difficult. [read post]
19 May 2015, 1:44 pm
Nearly 100 years ago Justice Oliver Wendell Holmes, Jr., voting to uphold the Espionage Act conviction of a man who wrote and circulated anti-draft pamphlets during World War I, said"[t]he most stringent protection of free speech would not protect a man in falsely shouting fire in a theatre and causing a panic. [read post]
18 Oct 2019, 6:30 am
She altogether correctly points out the perhaps fatal weaknesses in the standard defenses emphasizing rights to unimpeded self-expression or the assertion by John Milton that “truth” is more likely to triumph in any contention with falsehood, let alone Oliver Wendell Holmes incoherent notion that the best test of truth is its ability to prevail in the :marketplace of ideas. [read post]
