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Holmes On The Lochner Court, Gerald F. Leonard
Holmes On The Lochner Court, Gerald F. Leonard
Faculty Scholarship
For this symposium on Lochner, I examined the jurisprudence of the man commonly thought to be the Lochner majority's fiercest foe, Justice Oliver Wendell Holmes, Jr. Holmes wrote the famous dissent in Lochner and other cases of the era. But as Barry Cushman notes in his contribution to this symposium, Holmes joined many a Lochner-era majority in striking down any number of economic regulations. Holmes's Fourteenth Amendment opinions suggest: 1) that, while Holmes advocated a somewhat more pointed rule of deference to legislatures than did most of his colleagues, his language in this respect was far less radical than is …
A Criminal Procedure Regime Based On Instrumental Values: A Review Of 'About Guilt And Innocence: The Origins, Development, And Future Of Constitutional Criminal Procedure,' By Donald A. Dripps (Prager Publishers, 2003), Tracey Maclin
Faculty Scholarship
Like many legal academics, Professor Donald Dripps believes that the Supreme Court's criminal procedure doctrine is a mess. Dripps believes that the Court's doctrine "is in large measure responsible for the failure of the criminal-procedure revolution" and contends that "current doctrine does not reflect prevailing (and justified) values about criminal process." To prove his claim, Dripps has written a book that expertly identifies the flaws, inconsistencies and missteps of the Court's constitutional criminal procedure cases dating back to the adoption of the Fourteenth Amendment. "About Guilt and Innocence: The Origins, Development, and Future of Constitutional Criminal Procedure" is a comprehensive …