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18 Oct 2019, 6:30 am by Sandy Levinson
They included the House Un-American Activities Committee and other McCarthyite organizations (including some within the Executive Branch); as well as the white men on the Alabama jury in New York Times v. [read post]
13 Oct 2019, 10:05 am by JB
Oliver Wendell Holmes once remarked that the epigraph on his tombstone should read, "Here lies the supple tool of power. [read post]
7 Oct 2019, 8:16 am by Christine Corcos
It is no stretch to say that Justice Oliver Wendell Holmes created the modern First Amendment a hundred years ago in his dissent in Schenck v. [read post]
7 Oct 2019, 8:16 am
It is no stretch to say that Justice Oliver Wendell Holmes created the modern First Amendment a hundred years ago in his dissent in Schenck v. [read post]
30 Sep 2019, 6:00 am by Brian Gallini
After all, more than 68 million people have downloaded the hit podcast Serial and 19.3 million people have watched season one of Netflix’s documentary series, Making a Murderer. [read post]
7 Jun 2019, 6:30 am by Sandy Levinson
 Popular sovereignty meant, as Holmes argued, that even "tyrannical" laws should be upheld if they represented the wishes of legislative majorities. [read post]
14 May 2019, 9:27 am by Rebecca Tushnet
” Fanworks provide incredible benefits in literacy, sexuality education, language learning, community building, and other good things that come from making something you love and sharing it with other people who might just love it too.On the content v. tech distinction that Maria Strong made: we consider ourselves content folks who use tech. [read post]
9 May 2019, 2:12 pm by Andrew Hamm
Sanders, “holding the Constitution’s command that the House of Representatives be elected ‘by the People’ requires that congressional districts be equal in population” New York Times v. [read post]
3 May 2019, 7:21 am by Andrew Hamm
As Justice Oliver Wendell Holmes famously suggested in 1919 in Schenck v. [read post]
8 Apr 2019, 6:00 am by Sandy Levinson
  As social creatures, they are subject to the same pushes and pulls of social psychology that explain most people. [read post]
28 Mar 2019, 8:56 am by Ronald Collins
Felix Frankfurter was zealous in guarding Holmes’ reputation after Holmes’ death in 1935 and decided that only the official biographer he anointed in 1939 to carry out the task, Mark Howe of the Harvard Law School, would have access to Holmes’ papers. [read post]