Common law is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions.
The Magnificent Yankee is a 1950 American biographical film adapted by Emmet Lavery from his 1946 play of the same title, which was in turn adapted from the 1942 book Mr. Justice Holmes by Francis Biddle. The story examines the life of United States Supreme Court Justice Oliver Wendell Holmes Jr.
Schenck v. United States, 249 U.S. 47 (1919), was a landmark decision of the U.S. Supreme Court concerning enforcement of the Espionage Act of 1917 during World War I. A unanimous Supreme Court, in an opinion by Justice Oliver Wendell Holmes Jr., concluded that Charles Schenck and other defendants, who distributed flyers to draft-age men urging resistance to induction, could be convicted of an attempt to obstruct the draft, a criminal offense. The First Amendment did not protect Schenck from prosecution, even though, "in many places and in ordinary times, the defendants, in saying all that was said in the circular, would have been within their constitutional rights. But the character of every act depends upon the circumstances in which it is done." In this case, Holmes said, "the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent." Therefore, Schenck could be punished.
Legal realism is a naturalistic approach to law; it is the view that jurisprudence should emulate the methods of natural science; that is, it should rely on empirical evidence. Hypotheses must be tested against observations of the world.
Legal formalism is both a descriptive theory and a normative theory of how judges should decide cases. In its descriptive sense, formalists maintain that judges reach their decisions by applying uncontroversial principles to the facts; formalists believe that there is an underlying logic to the many legal principles that may be applied in different cases. These principles, they claim, are straightforward and can be readily discovered by anyone with some legal expertise. Supreme Court Justice Oliver Wendell Holmes Jr., by contrast, believed that "The life of the law has not been logic: it has been experience". The formalist era is generally viewed as having existed from the 1870s to the 1920s, but some scholars deny that legal formalism ever existed in practice.
Oliver Wendell Holmes Jr. was an American jurist who served as an associate justice of the U.S. Supreme Court from 1902 to 1932. Holmes is one of the most widely cited and influential Supreme Court justices in American history, noted for his long tenure on the Court and for his pithy opinions—particularly those on civil liberties and American constitutional democracy—and deference to the decisions of elected legislatures. Holmes retired from the Court at the age of 90, an unbeaten record for oldest justice on the Supreme Court. He previously served as a Brevet Colonel in the American Civil War, in which he was wounded three times, as an associate justice and chief justice of the Massachusetts Supreme Judicial Court, and as Weld Professor of Law at his alma mater, Harvard Law School. His positions, distinctive personality, and writing style made him a popular figure, especially with American progressives.
Oliver Wendell Holmes Sr. was an American physician, poet, and polymath based in Boston. Grouped among the fireside poets, he was acclaimed by his peers as one of the best writers of the day. His most famous prose works are the "Breakfast-Table" series, which began with The Autocrat of the Breakfast-Table (1858). He was also an important medical reformer. In addition to his work as an author and poet, Holmes also served as a physician, professor, lecturer, inventor, and, although he never practiced it, he received formal training in law.
Common law is a legal system named after judge-made law, which plays an important role in it.
"Old Ironsides" is a poem written by American writer Oliver Wendell Holmes Sr. on September 16, 1830, as a tribute to the 18th-century USS Constitution. The poem was one reason that the frigate was saved from being decommissioned, and it is now the oldest commissioned ship in the world that is still afloat.
The Autocrat of the Breakfast-Table (1858) is a collection of essays written by Oliver Wendell Holmes Sr. The essays were originally published in The Atlantic Monthly in 1857 and 1858 before being collected in book form. The author had written two essays with the same name which were published in the earlier The New-England Magazine in November 1831 and February 1832, which are alluded to in a mention of an "interruption" at the start of the first essay.
Charles Jackson was an American jurist based in Massachusetts.
Black and White Taxicab and Transfer Company v. Brown and Yellow Taxicab and Transfer Company, 276 U.S. 518 (1928), was a United States Supreme Court case in which the Court refused to hold that federal courts sitting in diversity jurisdiction must apply state common law. Ten years later, in Erie Railroad Co. v. Tompkins, the Court reversed course, and overturned Swift v. Tyson.
Charles Wentworth Upham was a U.S. Representative from Massachusetts. Upham was also a member, and President of the Massachusetts State Senate, the 7th Mayor of Salem, Massachusetts, and twice a member of the Massachusetts State House of Representatives. Upham was the cousin of George Baxter Upham and Jabez Upham. Upham was later a historian of Salem and the Salem Witch Trials of 1692 when he lived there.
Skepticism in law is a school of jurisprudence that was a reaction against the idea of natural law, and a response to the 'formalism' of legal positivists. Legal skepticism is sometimes known as legal realism.
The Rule in Shelley's Case is a rule of law that may apply to certain future interests in real property and trusts created in common law jurisdictions. It was applied as early as 1366 in The Provost of Beverly's Case but in its present form is derived from Shelley's Case (1581), in which counsel stated the rule as follows:
when the ancestor by any gift or conveyance takes an estate of freehold, and in the same gift or conveyance an estate is limited either mediately or immediately to his heirs in fee simple or in fee tail; that always in such cases, "the heirs" are words of limitation of the estate, not words of purchase.
John Torrey Morse Jr. was an American historian, attorney, and politician.
Freedom for the Thought That We Hate: A Biography of the First Amendment is a 2007 non-fiction book by journalist Anthony Lewis about freedom of speech, freedom of the press, freedom of thought, and the First Amendment to the United States Constitution. The book starts by quoting the First Amendment, which prohibits the U.S. Congress from creating legislation which limits free speech or freedom of the press. Lewis traces the evolution of civil liberties in the U.S. through key historical events. He provides an overview of important free speech case law, including U.S. Supreme Court opinions in Schenck v. United States (1919), Whitney v. California (1927), United States v. Schwimmer (1929), New York Times Co. v. Sullivan (1964), and New York Times Co. v. United States (1971).
The Taft Court refers to the Supreme Court of the United States from 1921 to 1930, when William Howard Taft served as Chief Justice of the United States. Taft succeeded Edward Douglass White as Chief Justice after the latter's death, and Taft served as Chief Justice until his resignation, at which point Charles Evans Hughes was nominated and confirmed as Taft's replacement. Taft was also the nation's 27th president (1909–13); he is the only person to serve as both President of the United States and Chief Justice.
Civil law – a branch of the law. In common law countries such as England, Wales, and the United States, the term refers to non-criminal law. The law relating to civil wrongs and quasi-contracts is part of the civil law. The law of property is embraced by civil law. Civil law can, like criminal law, be divided into substantive law and procedural law. The rights and duties of individuals amongst themselves is the primary concern of civil law. It is often suggested that civil proceedings are taken for the purpose of obtaining compensation for injury, and may thus be distinguished from criminal proceedings, whose purpose is to inflict punishment. However, exemplary or punitive damages may be awarded in civil proceedings.
George Edward White is an American legal historian, tort law scholar, and the David and Mary Harrison Distinguished Professor of Law at the University of Virginia School of Law.
