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11 Sep 2013, 1:30 pm by David Bernstein
A year later, according to at least one recent source it was Brandeis who persuaded Holmes to dissent in Milwaukee Social Democratic Publishing Co. v. [read post]
13 Jan 2011, 11:48 am
  I think that those actual expectations, proven time and again in practice, speak volumes about what people's expectations are. [read post]
18 Dec 2013, 12:20 pm by John Gregory
The case, People v Holmes, involved a high-profile defendant in a criminal case (the person who shot up the Colorado movie theatre – allegedly), but these cases should not turn on whether the person claiming a privacy right is sympathetic. [read post]
8 Jan 2014, 8:29 pm by Nick Rosenkranz
Cruz thus argues that Justice Holmes’s opinion in Missouri v. [read post]
2 Dec 2019, 6:00 am by Brian Gallini
Datta at first thought Holmes was joking, but later grew concerned as their exchange progressed; she advised Holmes to get help. [read post]
25 Feb 2013, 4:06 am by Bill Araiza
As a follow up to my tongue-in-cheek post last Friday about language from judicial opinions I want to mention something that's bothered me for a while now, and see if people think I'm being over-sensitive: the jocular riffing on Justice Holmes's "Three generations of imbeciles is enough" language from Buck v. [read post]
14 Aug 2022, 6:00 am by Lawrence Solum
 An example of this use of the bad man thought experiment is provided in Justice Souter's opinion in Exxon Shipping Co. v. [read post]
23 Nov 2020, 10:45 pm by Josh Blackman
If the state or federal governments wish to forcibly vaccinate people, they will have to rely on Buck v. [read post]
22 Jan 2015, 3:15 pm by Kim Krawiec
(HT: Lisa Milot)   Related Posts: Taxing Eggs: A Mini-Symposium Taxing Eggs: Introduction to Perez v. [read post]
3 May 2011, 7:16 am by Layla Kuhl
In People v Laidler the Court asked the parties to address “whether, for purposes of offense variable 3, Dante Holmes was a victim and, even if Holmes was not a victim, whether the defendant could appropriately be scored 100 points for offense variable 3 on the theory that ‘death result[ed] from the commission of a crime and homicide is not the sentencing offense. [read post]
31 May 2007, 11:50 pm
This is Part Four of my review of Bruce Ackerman's Holmes Lectures, "The Living Constitution," 120 Harv. [read post]
12 Jun 2012, 10:19 am
The real loser in that election, Justice John Paul Stevens said in his dissent in Bush 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]