Download or read book The Fundamental Holmes written by Oliver Wendell Holmes (Jr.) and published by Cambridge University Press. This book was released on 2010-07-19 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first anthology of Oliver Wendell Holmes's writings, speeches, and opinions concerning freedom of expression. Prepared by a noted free speech scholar, the book contains eight original essays designed to situate Holmes's works in historical and biographical context. The volume is enriched by extensive commentaries concerning its many entries, which consist of letters, speeches, book excerpts, articles, state court opinions, and U.S. Supreme Court opinions.
Download or read book Oliver Wendell Holmes A Life in War Law and Ideas written by Stephen Budiansky and published by W. W. Norton & Company. This book was released on 2019-05-28 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Consistently gripping.… [I]t’s possessed of a zest and omnivorous curiosity that reflects the boundless energy of its subject.” —Steve Donoghue, Christian Science Monitor Oliver Wendell Holmes escaped death twice as a young Union officer in the Civil War. He lived ever after with unwavering moral courage, unremitting scorn for dogma, and an insatiable intellectual curiosity. During his nearly three decades on the Supreme Court, he wrote a series of opinions that would prove prophetic in securing freedom of speech, protecting the rights of criminal defendants, and ending the Court’s reactionary resistance to social and economic reforms. As a pioneering legal scholar, Holmes revolutionized the understanding of common law. As an enthusiastic friend, he wrote thousands of letters brimming with an abiding joy in fighting the good fight. Drawing on many previously unpublished letters and records, Stephen Budiansky offers the fullest portrait yet of this pivotal American figure.
Download or read book The Common Law written by Oliver Wendell Holmes and published by . This book was released on 1909 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law Without Values written by Albert W. Alschuler and published by University of Chicago Press. This book was released on 2000 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: Albert Alschuler's study of Holmes is very different from other books about him, in that it is an exercise in debunking him.
Download or read book Freedom for the Thought That We Hate written by Anthony Lewis and published by ReadHowYouWant.com. This book was released on 2010 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than any other people on earth, we Americans are free to say and write what we think. The press can air the secrets of government, the corporate boardroom, or the bedroom with little fear of punishment or penalty. This extraordinary freedom results not from America’s culture of tolerance, but from fourteen words in the constitution: the free expression clauses of the First Amendment.InFreedom for the Thought That We Hate, two-time Pulitzer Prize-winner Anthony Lewis describes how our free-speech rights were created in five distinct areas—political speech, artistic expression, libel, commercial speech, and unusual forms of expression such as T-shirts and campaign spending. It is a story of hard choices, heroic judges, and the fascinating and eccentric defendants who forced the legal system to come face to face with one of America’s great founding ideas.
Download or read book Oliver Wendell Holmes Jr Legal Theory and Judicial Restraint written by Frederic R. Kellogg and published by Cambridge University Press. This book was released on 2006-12-11 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: Oliver Wendell Holmes, Jr, is considered by many to be the most influential American jurist. The voluminous literature devoted to his writings and legal thought, however, is diverse and inconsistent. In this study, Frederic R. Kellogg follows Holmes's intellectual path from his early writings through his judicial career. He offers a fresh perspective that addresses the views of Holmes's leading critics and explains his relevance to the controversy over judicial activism and restraint. Holmes is shown to be an original legal theorist who reconceived common law as a theory of social inquiry and who applied his insights to constitutional law. From his empirical and naturalist perspective on law, with its roots in American pragmatism, emerged Holmes's distinctive judicial and constitutional restraint. Kellogg distinguishes Holmes from analytical legal positivism and contrasts him with a range of thinkers.
Download or read book Stereoscopic Law written by Alexander Lian and published by Cambridge University Press. This book was released on 2020-12-03 with total page 537 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this unique book, Alexander Lian, a practicing commercial litigator, advances the thesis that the most famous article in American jurisprudence, Oliver Wendell Holmes's “The Path of the Law,” presents Holmes's leading ideas on legal education. Through meticulous analysis, Lian explores Holmes's fundamental ideas on law and its study. He puts “The Path of the Law” within the trajectory of Holmes's jurisprudence, from earliest scholarship to The Common Law to the occasional pieces Holmes wrote or delivered after joining the U.S. Supreme Court. Lian takes a close look at the reactions “The Path of the Law” has evoked, both positive and negative, and restates the essay's core teachings for today's legal educators. Lian convincingly shows that Holmes's “theory of legal study” broke down artificial barriers between theory and practice. For contemporary legal educators, Stereoscopic Law reformulates Holmes's fundamental message that the law must been seen and taught three-dimensionally.
Download or read book The Great Dissent written by Thomas Healy and published by Picador. This book was released on 2014-09-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A gripping intellectual history reveals how Oliver Wendell Holmes became a free-speech advocate and established the modern understanding of the First Amendment No right seems more fundamental to American life than freedom of speech. Yet well into the twentieth century that freedom was still an unfulfilled promise, with Americans regularly imprisoned merely for speaking out against government policies. Indeed, free speech as we know it comes less from the First Amendment than from a most unexpected source: Supreme Court Justice Oliver Wendell Holmes. A lifelong skeptic, he disdained all individual rights, including the right to express one's political views. But in 1919, it was Holmes who wrote a dissenting opinion that would become the canonical affirmation of free speech in the United States. Why did Holmes change his mind? That question has puzzled historians for almost a century. Now, with the aid of newly discovered letters and confidential memos, Thomas Healy reconstructs in vivid detail Holmes's journey from free-speech opponent to First Amendment hero. It is the story of a remarkable behind-the-scenes campaign by a group of progressives to bring a legal icon around to their way of thinking—and a deeply touching human narrative of an old man saved from loneliness and despair by a few unlikely young friends. Beautifully written and exhaustively researched, The Great Dissent is intellectual history at its best, revealing how free debate can alter the life of a man and the legal landscape of an entire nation.
Download or read book The Harm in Hate Speech written by Jeremy Waldron and published by Harvard University Press. This book was released on 2012-06-08 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every liberal democracy has laws or codes against hate speech—except the United States. For constitutionalists, regulation of hate speech violates the First Amendment and damages a free society. Against this absolutist view, Jeremy Waldron argues powerfully that hate speech should be regulated as part of our commitment to human dignity and to inclusion and respect for members of vulnerable minorities. Causing offense—by depicting a religious leader as a terrorist in a newspaper cartoon, for example—is not the same as launching a libelous attack on a group’s dignity, according to Waldron, and it lies outside the reach of law. But defamation of a minority group, through hate speech, undermines a public good that can and should be protected: the basic assurance of inclusion in society for all members. A social environment polluted by anti-gay leaflets, Nazi banners, and burning crosses sends an implicit message to the targets of such hatred: your security is uncertain and you can expect to face humiliation and discrimination when you leave your home. Free-speech advocates boast of despising what racists say but defending to the death their right to say it. Waldron finds this emphasis on intellectual resilience misguided and points instead to the threat hate speech poses to the lives, dignity, and reputations of minority members. Finding support for his view among philosophers of the Enlightenment, Waldron asks us to move beyond knee-jerk American exceptionalism in our debates over the serious consequences of hateful speech.
Download or read book Free Speech and Its Relation to Self Government written by Alexander Meiklejohn and published by The Lawbook Exchange, Ltd.. This book was released on 2000 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reprint of sole edition. Originally published: New York: Harper Brothers Publishers, [1948]. "Dr. Meiklejohn, in a book which greatly needed writing, has thought through anew the foundations and structure of our theory of free speech . . . he rejects all compromise. He reexamines the fundamental principles of Justice Holmes' theory of free speech and finds it wanting because, as he views it, under the Holmes doctrine speech is not free enough. In these few pages, Holmes meets an adversary worthy of him . . . Meiklejohn in his own way writes a prose as piercing as Holmes, and as a foremost American philosopher, the reach of his culture is as great . . . this is the most dangerous assault which the Holmes position has ever borne." --JOHN P. FRANK, Texas Law Review 27:405-412. ALEXANDER MEIKLEJOHN [1872-1964] was dean of Brown University from 1901-1913, when he became president of Amherst College. In 1923 Meiklejohn moved to the University of Wisconsin- Madison, where he set up an experimental college. He was a longtime member of the National Committee of the American Civil Liberties Union. In 1945 he was a United States delegate to the charter meeting of UNESCO in London. Lectureships have been named for him at Brown University and at the University of Wisconsin. He was awarded the Presidential Medal of Freedom in 1963.
Download or read book Falling Upwards written by Richard Holmes and published by Vintage. This book was released on 2013-10-29 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: **Kirkus Best Books of the Year (2013)** **Time Magazine 10 Top Nonfiction Books of 2013** **The New Republic Best Books of 2013** In this heart-lifting chronicle, Richard Holmes, author of the best-selling The Age of Wonder, follows the pioneer generation of balloon aeronauts, the daring and enigmatic men and women who risked their lives to take to the air (or fall into the sky). Why they did it, what their contemporaries thought of them, and how their flights revealed the secrets of our planet is a compelling adventure that only Holmes could tell. His accounts of the early Anglo-French balloon rivalries, the crazy firework flights of the beautiful Sophie Blanchard, the long-distance voyages of the American entrepreneur John Wise and French photographer Felix Nadar are dramatic and exhilarating. Holmes documents as well the balloons used to observe the horrors of modern battle during the Civil War (including a flight taken by George Armstrong Custer); the legendary tale of at least sixty-seven manned balloons that escaped from Paris (the first successful civilian airlift in history) during the Prussian siege of 1870-71; the high-altitude exploits of James Glaisher (who rose) seven miles above the earth without oxygen, helping to establish the new science of meteorology); and how Mary Shelley, Edgar Allan Poe, and Jules Verne felt the imaginative impact of flight and allowed it to soar in their work. A seamless fusion of history, art, science, biography, and the metaphysics of flights, Falling Upwards explores the interplay between technology and imagination. And through the strange allure of these great balloonists, it offers a masterly portrait of human endeavor, recklessness, and vision. (With 24 pages of color illustrations, and black-and-white illustrations throughout.)
Download or read book The Canon of American Legal Thought written by David Kennedy and published by Princeton University Press. This book was released on 2018-06-05 with total page 925 pages. Available in PDF, EPUB and Kindle. Book excerpt: This anthology presents, for the first time, full texts of the twenty most important works of American legal thought since 1890. Drawing on a course the editors teach at Harvard Law School, the book traces the rise and evolution of a distinctly American form of legal reasoning. These are the articles that have made these authors--from Oliver Wendell Holmes, Jr., to Ronald Coase, from Ronald Dworkin to Catherine MacKinnon--among the most recognized names in American legal history. These authors proposed answers to the classic question: "What does it mean to think like a lawyer--an American lawyer?" Their answers differed, but taken together they form a powerful brief for the existence of a distinct and powerful style of reasoning--and of rulership. The legal mind is as often critical as constructive, however, and these texts form a canon of critical thinking, a toolbox for resisting and unravelling the arguments of the best legal minds. Each article is preceded by a short introduction highlighting the article's main ideas and situating it in the context of its author's broader intellectual projects, the scholarly debates of his or her time, and the reception the article received. Law students and their teachers will benefit from seeing these classic writings, in full, in the context of their original development. For lawyers, the collection will take them back to their best days in law school. All readers will be struck by the richness, the subtlety, and the sophistication with which so many of what have become the clichés of everyday legal argument were originally formulated.
Download or read book Fighting Faiths written by Richard Polenberg and published by Cornell University Press. This book was released on 1999 with total page 468 pages. Available in PDF, EPUB and Kindle. Book excerpt: Jacob Abrams et al. v. United States is the landmark Supreme Court case in the definition of free speech. Although the 1918 conviction of four Russian Jewish anarchists--for distributing leaflets protesting America's intervention in the Russian revolution--was upheld, Justice Oliver Wendell Holmes's dissenting opinion (with Justice Louis Brandeis) concerning "clear and present danger" has proved the touchstone of almost all subsequent First Amendment theory and litigation.In Fighting Faiths, Richard Polenberg explores the causes and characters of this dramatic episode in American history. He traces the Jewish immigrant experience, the lives of the convicted anarchists before and after the trials, the careers of the major players in the court cases--men such as Holmes, defense attorney Harry Weinberger, Southern Judge Henry DeLamar Clayton, Jr., and the young J. Edgar Hoover--and the effects of this important case on present-day First Amendment rights.
Download or read book The Mind and Faith of Justice Holmes written by Oliver Wendell Holmes and published by Transaction Publishers. This book was released on 1946 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Quirk written by Hannah Holmes and published by Random House. This book was released on 2011-02-22 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who are you? It’s the most fundamental of human questions. Are you the type of person who tilts at windmills, or the one who prefers to view them from the comfort of an air-conditioned motorcoach? Our personalities are endlessly fascinating—not just to ourselves but also to our spouses, our parents, our children, our co-workers, our neighbors. As a highly social species, humans have to navigate among an astonishing variety of personalities. But how did all these different permutations come about? And what purpose do they serve? With her trademark wit and sly humor, Hannah Holmes takes readers into the amazing world of personality and modern brain science. Using the Five Factor Model, which slices temperaments into the major factors (Extraversion, Neuroticism, Agreeableness, Conscientiousness, and Openness) and minor facets (such as impulsive, artistic, or cautious), Holmes demonstrates how our genes and brains dictate which factors and facets each of us displays. Are you a Nervous Nelly? Your amygdala is probably calling the shots. Hyperactive Hal? It’s all about the dopamine. Each facet took root deep in the evolution of life on Earth, with Nature allowing enough personal variation to see a species through good times and bad. Just as there are introverted and extroverted people, there are introverted and extroverted mice, and even starfish. In fact, the personality genes we share with mice make them invaluable models for the study of disorders like depression, schizophrenia, and anxiety. Thus it is deep and ancient biases that guide your dealings with a very modern world. Your personality helps to determine the political party you support, the car you drive, the way you eat M&Ms, and the likelihood that you’ll cheat on your spouse. Drawing on data from top research laboratories, the lives of her eccentric friends, the conflicts that plague her own household, and even the habits of her two pet mice, Hannah Holmes summarizes the factors that shape you. And what she proves is that it does take all kinds. Even the most irksome and trying personality you’ve ever encountered contributes to the diversity of our species. And diversity is the key to our survival.
Download or read book Elsie Venner written by Oliver Wendell Holmes and published by . This book was released on 1861 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Meeks written by Julia Holmes and published by ReadHowYouWant.com. This book was released on 2010-09-07 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: No woman will have Ben without a proper bachelor's suit . . . and the tailor refuses to make him one. Back from war with a nameless enemy, Ben finds that his mother is dead and his family home has been reassigned by the state. As if that isn't enough, he must now find a wife, or he'll be made a civil servant and given a permanent spot in one of the city's oppressive factories. Meanwhile, Meeks, a foreigner who lives in the park and imagines he's a member of the police, is hunted by the overzealous Brothers of Mercy. Meeks' survival depends on his peculiar friendship with a police captain--but will that be enough to prevent his execution at the annual Independence Day celebration? A dark satire rendered with the slapstick humor of a Buster Keaton film, Julia Holmes' debut marries the existentialism of Fyodor Dostoevsky's """"Notes from Underground"""" to the strange charm of a Haruki Murakami novel. """"Meeks"""" portrays a world at once hilarious and disquieting, in which frustrated revolutionaries and hopeful youths suffer alongside the lost and the condemned, just for a chance at the permanent bliss of marriage and a slice of sugar-frosted Independence Day cake. Julia Holmes was born in Dhahran, Saudi Arabia, and grew up in the Middle East, Texas, and New York, where she is currently an assistant editor at """"Rolling Stone."""" She is a graduate of Columbia University's MFA program in fiction.
