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Law’s Practical Theory

Joseph P. Tomain

in Creon's Ghost: Law, Justice, and the Humanities

Published in print:
2009
Published Online:
May 2009
ISBN:
9780195333411
eISBN:
9780199868841
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195333411.003.0006
Subject:
Law, Philosophy of Law

This chapter examines Oliver Wendell Holmes Jr's speech, The Path of the Law. Holmes intended to be provocative in his speech when he wrote, “I often doubt whether it would not be a gain if every ... More


Prediction Theories: “The Path of the Law,” The Wings of the Dove, and the Engagement with Temporality

Lisi Schoenbach

in Pragmatic Modernism

Published in print:
2011
Published Online:
January 2012
ISBN:
9780195389845
eISBN:
9780199918393
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780195389845.003.0005
Subject:
Literature, 20th-century Literature and Modernism

Chapter Four claims that James’s remarkably subtle and nuanced registry of emotions and personal interactions-long taken to indicate an apolitical aestheticism-should be linked directly to his ... More


The Problem about the Nature of Law vis-à-vis Legal Rationality Revisited: Towards an Integrative Jurisprudence *

Imer B. Flores

in Philosophical Foundations of the Nature of Law

Published in print:
2013
Published Online:
May 2013
ISBN:
9780199675517
eISBN:
9780191757280
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199675517.003.0006
Subject:
Law, Philosophy of Law

This chapter reflects on the nature of law from a contemporary perspective. It addresses questions such as: Does law have a nature or even an essence? Can it be defined or explained? If so, which and ... More


: Holmes and Judicialized Liberalism

in The Cloaking of Power: Montesquieu, Blackstone, and the Rise of Judicial Activism

Published in print:
2003
Published Online:
March 2013
ISBN:
9780226094823
eISBN:
9780226094830
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226094830.003.0011
Subject:
Political Science, Political Theory

This chapter discusses the writings and judicial views of Oliver Wendell Holmes Jr. and the extraordinary influence he achieved in twentieth-century legal discourse that originated in part from the ... More


The Cloaking of Power: Montesquieu, Blackstone, and the Rise of Judicial Activism

Paul O. Carrese

Published in print:
2003
Published Online:
March 2013
ISBN:
9780226094823
eISBN:
9780226094830
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226094830.001.0001
Subject:
Political Science, Political Theory

This book provides a provocative and original analysis of the intellectual sources of today's powerful judiciary, arguing that Montesquieu, in his Spirit of the Laws, first articulated a new ... More


The Appeal and Final Decision: May 1919 to October 1922

Nathaniel Grow

in Baseball on Trial: The Origin of Baseball's Antitrust Exemption

Published in print:
2014
Published Online:
April 2017
ISBN:
9780252038198
eISBN:
9780252095993
Item type:
chapter
Publisher:
University of Illinois Press
DOI:
10.5406/illinois/9780252038198.003.0010
Subject:
Sociology, Sport and Leisure

This chapter examines organized baseball's appeal following its loss in the Baltimore case as well as the Supreme Court's final decision, a period spanning May 1919 to October 1922. After Justice ... More


Justice Holmes and the Arrival of Balancing

in No Law: Intellectual Property in the Image of an Absolute First Amendment

Published in print:
2008
Published Online:
June 2013
ISBN:
9780804745789
eISBN:
9780804763271
Item type:
chapter
Publisher:
Stanford University Press
DOI:
10.11126/stanford/9780804745789.003.0009
Subject:
Law, Intellectual Property, IT, and Media Law

Two opinions by Justice Oliver Wendell Holmes, Jr., filed in the series of Espionage Act cases which the Supreme Court decided in 1919—his opinion for the Court in Schenck v. United States and his ... More


Introduction

Nathaniel Grow

in Baseball on Trial: The Origin of Baseball's Antitrust Exemption

Published in print:
2014
Published Online:
April 2017
ISBN:
9780252038198
eISBN:
9780252095993
Item type:
chapter
Publisher:
University of Illinois Press
DOI:
10.5406/illinois/9780252038198.003.0001
Subject:
Sociology, Sport and Leisure

This book examines the history of the Federal Baseball litigation and explains how Major League Baseball first came to be exempt from antitrust law. In a unanimous ruling, penned by Justice Oliver ... More


Epilogue

Nathaniel Grow

in Baseball on Trial: The Origin of Baseball's Antitrust Exemption

Published in print:
2014
Published Online:
April 2017
ISBN:
9780252038198
eISBN:
9780252095993
Item type:
chapter
Publisher:
University of Illinois Press
DOI:
10.5406/illinois/9780252038198.003.0011
Subject:
Sociology, Sport and Leisure

This epilogue explores issues arising from Justice Oliver Wendell Holmes Jr.'s opinion in Federal Baseball Club of Baltimore, Inc. v. National League. It begins with a discussion of criticisms ... More


The Rule of Temperament

Arthur Krystal

in Agitations: Essays on Life and Literature

Published in print:
2002
Published Online:
October 2013
ISBN:
9780300092165
eISBN:
9780300145601
Item type:
chapter
Publisher:
Yale University Press
DOI:
10.12987/yale/9780300092165.003.0008
Subject:
Literature, Criticism/Theory

This chapter considers the so-called rule of temperament. It discusses the opinion of Oliver Wendell Holmes Jr. and of Joseph Conrad. It also argues that temperament is a receiver, a way of absorbing ... More


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