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" This case is decided upon an economic theory which a large part of the country does not entertain. If it were a question whether I agreed with that theory, I should desire to study it further and long before making up my mind. But I do not conceive that... "
The Outlook - Page 569
1911
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Law and Literature: Text and Theory

Lenora Ledwon - Droit dans la littérature - 1996 - 524 pages
...has just said Holmes changes the subject, to remark that "[i]f it were a question whether I agreed with that theory, I should desire to study it further and long before making up my mind."** The force of the opening sentence lies in the calm assurance with which it is made. It puts the reader...
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Law and Literature: Text and Theory

Lenora Ledwon - Literary Criticism - 1996 - 522 pages
...has just said Holmes changes the subject, to remark that "[lIf it were a question whether I agreed with that theory, I should desire to study it further and long before making up my mind.""4 The force of the opening sentence lies in the calm assurance with which it is made. It puts...
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A Book of Legal Lists: The Best and Worst in American Law, with 150 Court ...

the late Bernard Schwartz - Law - 1997 - 304 pages
...not consistent with his conception of the judicial function. "If it were a question whether I agreed with that theory, I should desire to study it further...the right of a majority to embody their opinions in law." The dissent then struck directly at the conception that then virtually equated the law with laissez-faire....
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The Essential Holmes: Selections from the Letters, Speeches, Judicial ...

Oliver Wendell Holmes - Biography & Autobiography - 1996 - 378 pages
...theory which a large part of the country does not entertain. If it were a question whether I agreed with that theory, I should desire to study it further...the right of a majority to embody their opinions in law. It is settled by various decisions of this Court that state constitutions and state laws may regulate...
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Reform and Regulation of Property Rights

Industrial laws and legislation - 1997 - 452 pages
...it were a question whether I agreec with that theory, I should desire to study it further and lone before making up my mind. But I do not conceive that...nothing to do with the right of a majority to embody llicir opinions in la1v. . . . The Fourteenth Amendment does nnt enact Mr. Herbert Spencer's Social...
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The Least of These: Race, Law, and Religion in American Culture

Anthony E. Cook - Religion - 1997 - 270 pages
...criterion of values ultimately rested on majoritarian processes. "I strongly believe," he contended, "that my agreement or disagreement has nothing to...the right of a majority to embody their opinions in law. . . . [T]he word liberty in the Fourteenth Amendment is perverted when it is held to prevent the...
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The Tempting of America

Robert H. Bork - Political Science - 2009 - 448 pages
...Jr., which has become famous in the law, was flawed in this manner. "I strongly believe," he wrote, "that my agreement or disagreement has nothing to...the right of a majority to embody their opinions in law. It is settled by various decisions of this court that state constitutions and state laws may regulate...
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Readings in the Philosophy of Law

Keith Culver - Law - 1999 - 580 pages
...theory which a large part of the country does not entertain. If it were a question whether I agreed with that theory, I should desire to study it further...the right of a majority to embody their opinions in law. It is settled by various decisions of this court that state constitutions and state laws may regulate...
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The Cultural Study of Law: Reconstructing Legal Scholarship

Paul W. Kahn - Law - 1999 - 184 pages
...If it were a question whether I agreed with that theory, I should desire to study it further. . . . But I do not conceive that to be my duty, because...my agreement or disagreement has nothing to do with right of a majority to embody their opinions in law." Ijochner v. .\iw York, 1 98 US 45, 75 ( 1 905)....
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Encyclopedia of Supreme Court Quotations

Christopher A. Anzalone - 2000 - 422 pages
...theory which a large part of the country does not entertain. If it were a question whether I agreed with that theory, I should desire to study it further...the right of a majority to embody their opinions in law. It is settled by various decisions of this court that state constitutions and state laws may regulate...
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