The Fundamental Holmes: A Free Speech Chronicle and Reader - Selections from the Opinions, Books, Articles, Speeches, Letters and Other Writin

ISBN-13: 9780521194600 / Angielski / Twarda / 2010 / 444 str.

Jr. Oliver Wendell Holmes

Opis

No figure stands taller in the world of First Amendment law than Oliver Wendell Holmes, Jr. This is the first anthology of Justice 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. The edited materials spanning Holmes s 1861 1864 service in the Civil War to his 1931 radio address to the nation offer a unique view of the thoughts of the father of the modern First Amendment. The book s epilogue, which includes a major discovery about Holmes s impact on American statutory law, explores Holmes s free speech legacy. In the process, the reader comes to know Holmes and his jurisprudence of free speech as never before."

Recenzje

"This thoughtful and stimulating book reminds us how often judicial rulings are the product more of emotion than of close reasoning."
Louis Fisher, The Federal Lawyer

Spis treści

1. On life and war; 2. General conceptions - the early writings; 3. The state court years - fettered freedom; 4. Supreme Court opinions - the early years; 5. Supreme Court opinions - 'while a nation is at war'; 6. Supreme Court opinions - experimenting with freedom; 7. Legacy - the long shadow.