The Hidden Holmes

Author: David Rosenberg
Publisher: Harvard University Press
ISBN: 9780674390027
Size: 39.37 MB
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This bold book challenges a contemporary consensus on the titanic figure of Oliver Wendell Holmes.

The Public Life Of Privacy In Nineteenth Century American Literature

Author: Stacey Margolis
Publisher: Duke University Press Books
ISBN: 9780822335368
Size: 50.48 MB
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According to Rosenberg, the only model of strict liability Holmes rejected was "
cause-based strict liability," under which a person is responsible simply because
he caused a harm. For Holmes, Rosenberg explains, this rule violated "the
prevailing norm of responsibility," which maintained that a person could not be
held responsible unless he could have avoided causing the harm (Rosenberg,
The Hidden Holmes: His Theory of Torts in History [Cambridge: Harvard
University Press, ...

Rhetoric And Reform In The Progressive Era

Author: J. Michael Hogan
Publisher: MSU Press
ISBN:
Size: 62.73 MB
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See especially David Rosenberg, The Hidden Holmes: His Theory of Torts in
History (Cambridge: Harvard University Press, 1995). 7. See Mark Tushnet, "The
Logic of Experience: Oliver Wendell Holmes on the Supreme Judicial Court,"
Virginia Law Review 63 (1977): 975-1052, for a thorough analysis of Holmes's
opinions on the Massachusetts court. 8. Holmes to Pollock, 27 December 1895,
Holmes- Pollock Letters: The Correspondence of Mr. Justice Holmes and Sir
Frederick ...

Michigan Law Review

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A.W. Brian Simpson* The Hidden Holmes: His Theory of Torts in History. By
David Rosenberg. Cambridge, Mass.: Harvard University Press. 1995. Pp. xii,
280. $. The literature on Oliver Wendell Holmes, Jr. is very considerable; in quite
recent times it has been greatly strengthened by G.E. White's biography,1 surely
a model of its kind. One might have been tempted to view it as the definitive study
, but there is something elusive about Holmes, something, I expect, that rules out
definitive ...

Tort Law

Author: Mark Geistfeld
Publisher: Wolters Kluwer Law and Business
ISBN: 9780735568280
Size: 45.46 MB
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Neal MacCormick, Legal Reasoning and Legal Theory 186 (Clarendon Press
1978). CHAPTER 3 1 . George P. Fletcher, The Fault of Not Knowing, 3
Theoretical Inquiries in Law 2 (2002), http://www.bepress.com/til. 2. Compare
David R. Rosenberg, The Hidden Holmes: His Theory of Torts in History (Harvard
U. Press 1995), depicting the importance of strict liability in the Holmesian
conception of tort law; see also Jules L. Coleman, Theories of Tort Law, in
Stanford Encyclopedia of ...

Australian Journal Of Legal History

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Oliver Wendell Holmes: Law and the Inner Self (Oxford University Press, New
York, 1993); J P Diggins, The Promise of Pragmatism: Modernism and the Crisis
of Knowledge and Authority (University of Chicago Press, Chicago 1994) 342-
359; D Rosenberg, The Hidden Holmes: His Theory of Torts in History' (Harvard
University Press, Cambridge, Massachusetts 1995); D H Burton, Toft, Holmes,
and the 1920s Court: An Appraisal (Fairleigh Dickinson University Press,
Cranberry, New ...

Symposium

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But see David Rosenberg, The Hidden Holmes: His Theory of Torts in History
140-45 (1995) (reexamining history of tort law and concluding that gap between
external standards of negligence and strict liability was much smaller than has
been previously thought, but that in any event, strict liability had potential to
produce regressive distributional effect for workers and consumers). 44 See
Louis Kaplow & Steven Shavell, Why the Legal System is Less Efficient Than the
Income Tax in ...

The Canon Of American Legal Thought

Author: David Kennedy
Publisher:
ISBN:
Size: 33.80 MB
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Harvard University Press, 1984); Thomas A. Reed, "Holmes and the Paths of the
Law," American Journal of Legal History 37 (1993): 273; Yosal Rogat, "The
Judge as Spectator," University of Chicago Law Review 31 (1964): 213; David
Rosenberg, The Hidden Holmes: His Theory of Torts in History (Cambridge,
Mass.: Harvard University Press, 1995); Saul Touster, "Holmes a Hundred Years
Ago: The Common Law and Legal Theory," Hofstra Law Review 10 (1982): 673;
G. Edward ...

Calderon V United States Of America

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... which "would have led a prudent man to perceive danger." D. Rosenberg, The
Hidden Holmes, His Theory of Torts in History, Harvard U. Press, 1995, p. 98.
Thus, both prior cases and tort doctrine support the precept that, to the extent that
the FTCA constitutes a waiver of immunity for common law torts, in the inmate-on-
inmate assault context it waives immunity for conduct that results in reasonably
foreseeable and preventable harm. ANALYSIS OF CASE AT BAR Plaintiff
submits that ...

Human Rights And Legal History

Author: Alfred William Brian Simpson
Publisher: Oxford University Press on Demand
ISBN:
Size: 52.32 MB
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Rosenberg, David, The hidden Holmes: his theory of torts in history In review
article: The elusive truth about Holmes' Michigan Law Review, 95 (May 1997),
2027-^13 154. Cosgrove, Richard A., Scholars of the law: English jurisprudence
from Blackstone to Hart American Journal of Legal History, 41 (1997)481-2 155.
Brewer, John, and Susan Staves (eds.), Early modern conceptions of property
American Journal of Legal History, 41 (1997), 508-9 156. Gordon,
BIBLIOGRAPHY 305.