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26 Jan 2023, 8:00 am by Guest Blogger
  Until relatively recently, Article V and the hurdles it presented to formal constitutional amendment was seen as a feature rather than a bug, especially if one credited the constitutional theories of esteemed scholars like David Strauss or Bruce Ackerman. [read post]
30 Aug 2010, 7:07 am by Daniel Solove
United States dissent, 1919 (His most eloquent defense of free speech) *  The Gitlow v. [read post]
7 Mar 2007, 6:09 am
" "A potent precedent favoring the constitutionally-questionable provisions of the United States Patriot Act passed shortly after the September 11, 2001 attacks, the 1917 law was given the Supreme Court's approval in Schenk v United States, when Oliver Wendell Holmes wrote, 'When a nation is at war many things that might be said in time of peace are such a hindrance to its efforts that their utterance will not be endured so long as men… [read post]
12 Mar 2012, 8:13 am by Ronald Collins
What about Oliver Wendell Holmes’s editing of Kent’s Commentaries on American Law (12th ed., 1873)? [read post]
29 Mar 2012, 4:21 pm by Sandy Levinson
As Gibson has shown elsewhere, the Court suffered remarkably little, if any, from the power-play that was Bush v. [read post]
20 Aug 2010, 7:20 am by Gregory Forman
Bell, 274 U.S. 200 (1927), United States Supreme Court Justice Oliver Wendell Holmes, Jr. upheld a statute instituting compulsory sterilization of the unfit, including “mental defectives,” “for the protection and health of the state. [read post]
17 Jun 2021, 7:30 am by Sandy Levinson
Pennsylvania or Dred Scott, it would also have been helpful to include some relevant cases from northern states, such as  licensing Roberts v. [read post]
27 Dec 2016, 9:30 pm by RegBlog
A Debate Over the Use of Cost-Benefit Analysis September 26 – September 27 With its opinion last year in Michigan v. [read post]
1 Feb 2021, 11:27 am by Anastasiia Kyrylenko
Perry intercalates abundant (and delightful) quotations from 18th century cases with his own discussion as he makes valuable points concerning the current debate on copyright rationale and scope.Part V “The lore of courts”Shubha Ghosh, in Chapter 10, “‘If Music Did Not Pay’: The State Court Roots of Justice Holmes’ Intellectual Property Jurisprudence”, considers IP decisions by Justice Holmes, when he was still serving on the Massachusetts… [read post]