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The Common Law (Holmes)
''The Common Law'' is a book written by Oliver Wendell Holmes Jr. in 1881, 21 years before Holmes became an Associate Justice of the Supreme Court of the United States. The book is about common law in the United States, including torts, property, contracts, and crime. It is written as a series of lectures. It has gone out of copyright and is available in full on the web at Project Gutenberg. A famous aphorism appears on the first page of the book: "The life of the law has not been logic: it has been experience." Holmes's pronouncement is a qualification of a dictum by the famous seventeenth-century English jurist Sir Edward Coke: "Reason is the life of the law." References Further reading * Hart, H. L. A.br>"Holmes's Common Law"''The New York Review of Books'', October 17, 1963. External links''The Common Law'' by Oliver Wendell Holmes, Jr. from the U. of Toronto Typographical Society. by Oliver Wendell Holmes Jr. * Books That Shaped America: ''The Common Law''C-SPAN ...
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Oliver Wendell Holmes Jr
Oliver Wendell Holmes Jr. (March 8, 1841 – March 6, 1935) was an American jurist who served as an associate justice of the U.S. Supreme Court from 1902 to 1932.Holmes was Acting Chief Justice of the United States in February 1930. 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 opinionsparticularly those on civil liberties and American constitutional democracyand 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.John Paul Stevens was only eight months younger when he retired on April 12, 2010. He previously served the Union 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 ...
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Book
A book is a structured presentation of recorded information, primarily verbal and graphical, through a medium. Originally physical, electronic books and audiobooks are now existent. Physical books are objects that contain printed material, mostly of writing and images. Modern books are typically composed of many pages bound together and protected by a cover, what is known as the '' codex'' format; older formats include the scroll and the tablet. As a conceptual object, a ''book'' often refers to a written work of substantial length by one or more authors, which may also be distributed digitally as an electronic book ( ebook). These kinds of works can be broadly classified into fiction (containing invented content, often narratives) and non-fiction (containing content intended as factual truth). But a physical book may not contain a written work: for example, it may contain ''only'' drawings, engravings, photographs, sheet music, puzzles, or removable content like ...
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Internet Archive
The Internet Archive is an American 501(c)(3) organization, non-profit organization founded in 1996 by Brewster Kahle that runs a digital library website, archive.org. It provides free access to collections of digitized media including websites, Application software, software applications, music, audiovisual, and print materials. The Archive also advocates a Information wants to be free, free and open Internet. Its mission is committing to provide "universal access to all knowledge". The Internet Archive allows the public to upload and download digital material to its data cluster, but the bulk of its data is collected automatically by its web crawlers, which work to preserve as much of the public web as possible. Its web archiving, web archive, the Wayback Machine, contains hundreds of billions of web captures. The Archive also oversees numerous Internet Archive#Book collections, book digitization projects, collectively one of the world's largest book digitization efforts. ...
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Associate Justice
An associate justice or associate judge (or simply associate) is a judicial panel member who is not the chief justice in some jurisdictions. The title "Associate Justice" is used for members of the Supreme Court of the United States and some state supreme courts, and for some other courts in Commonwealth of Nations countries, as well as for members of the Supreme Court of the Federated States of Micronesia, a former United States Trust Territory. In other common law jurisdictions, the equivalent position is called " Puisne Justice". Commonwealth The function of associate justices vary depending on the Court they preside in. In the Australian state of New South Wales, associate justices of the New South Wales Supreme Court hear civil trials and appeals from lower courts amongst other matters. Associate justices can sit either as a single judge or may sit on the New South Wales Court of Appeal. In New Zealand New Zealand () is an island country in the southwestern ...
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Supreme Court Of The United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all Federal tribunals in the United States, U.S. federal court cases, and over State court (United States), state court cases that turn on questions of Constitution of the United States, U.S. constitutional or Law of the United States, federal law. It also has Original jurisdiction of the Supreme Court of the United States, original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party." In 1803, the Court asserted itself the power of Judicial review in the United States, judicial review, the ability to invalidate a statute for violating a provision of the Constitution via the landmark case ''Marbury v. Madison''. It is also able to strike down presidential directives for violating either the Constitution or s ...
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Common Law
Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on precedent—judicial rulings made in previous similar cases. The presiding judge determines which precedents to apply in deciding each new case. Common law is deeply rooted in Precedent, ''stare decisis'' ("to stand by things decided"), where courts follow precedents established by previous decisions. When a similar case has been resolved, courts typically align their reasoning with the precedent set in that decision. However, in a "case of first impression" with no precedent or clear legislative guidance, judges are empowered to resolve the issue and establish new precedent. The common law, so named because it was common to all the king's courts across England, originated in the practices of the courts of the English kings in the centuries fo ...
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Project Gutenberg
Project Gutenberg (PG) is a volunteer effort to digitize and archive cultural works, as well as to "encourage the creation and distribution of eBooks." It was founded in 1971 by American writer Michael S. Hart and is the oldest digital library. Most of the items in its collection are the full texts of books or individual stories in the public domain. All files can be accessed for free under an open format layout, available on almost any computer. , Project Gutenberg had reached over 75,999 items in its collection of free eBooks. The releases are available in plain text as well as other formats, such as HTML, PDF, EPUB, MOBI, and Plucker wherever possible. Most releases are in the English language, but many non-English works are also available. There are multiple affiliated projects that provide additional content, including region- and language-specific works. Project Gutenberg is closely affiliated with Distributed Proofreaders, an Internet-based community for proofr ...
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Edward Coke
Sir Edward Coke ( , formerly ; 1 February 1552 – 3 September 1634) was an English barrister, judge, and politician. He is often considered the greatest jurist of the Elizabethan era, Elizabethan and Jacobean era, Jacobean eras. Born into an upper-class family, Coke was educated at Trinity College, Cambridge, before leaving to study at the Inner Temple, where he was called to the Bar on 20 April 1578. As a barrister, he took part in several notable cases, including ''Slade's Case'', before earning enough political favour to be elected to Parliament, where he served first as Solicitor General for England and Wales, Solicitor General and then as Speaker of the House of Commons (United Kingdom), Speaker of the House of Commons. Following a promotion to Attorney General for England and Wales, Attorney General he led the prosecution in several notable cases, including those against Robert Devereux, 2nd Earl of Essex, Robert Devereux, Walter Raleigh, Sir Walter Raleigh, and the Gun ...
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Hathi Trust
HathiTrust Digital Library is a large-scale collaborative repository of digital content from research libraries. Its holdings include content digitized via Google Books and the Internet Archive digitization initiatives, as well as content digitized locally by libraries. Etymology ''Hathi'' (), derived from the Sanskrit , is the Hindi word for 'elephant', an animal famed for its long-term memory. History HathiTrust was founded in October 2008 by the twelve universities of the Committee on Institutional Cooperation and the eleven libraries of the University of California. As of 2024, members include more than 219 research libraries across the United States, Canada, and Europe, and is based on a shared governance structure. Costs are shared by the participating libraries and library consortia. The repository is administered by the University of Michigan. The executive director of HathiTrust is Mike Furlough, who succeeded founding director John Wilkin after Wilkin stepped down ...
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C-SPAN
Cable-Satellite Public Affairs Network (C-SPAN ) is an American Cable television in the United States, cable and Satellite television in the United States, satellite television network, created in 1979 by the cable television industry as a Non-profit public corporation, nonprofit public service. It televises proceedings of the United States federal government and other public affairs programming. C-SPAN is a private, nonprofit organization funded by its cable and satellite affiliates. It does not have advertisements on any of its television networks or radio stations, nor does it solicit donations or pledges on-air. However their official website has banner advertisements, and streamed videos also have advertisements. The network operates independently; the cable industry and the U.S. Congress have no control over its programming content. The C-SPAN network includes the television channels C-SPAN, focusing on the U.S. House of Representatives; C-SPAN2, focusing on the U.S. Sena ...
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Jeffrey Rosen (legal Academic)
Jeffrey Rosen (born February 13, 1964) is an American legal scholar who serves as the president and CEO of the National Constitution Center, in Philadelphia. In 2025, he was elected to the American Philosophical Society. Education Rosen attended the Dalton School, a private college preparatory school on New York City's Upper East Side, and graduated in 1982 as valedictorian. He then studied English literature and government at Harvard University, graduating in 1986 with a Bachelor of Arts, ''summa cum laude''. He was subsequently a Marshall Scholar at Balliol College, Oxford, in philosophy, politics, and economics, from which he received a second bachelor's degree in 1988. He then attended the Yale Law School, where he served as a senior editor of the ''Yale Law Journal'' and graduated with a Juris Doctor in 1991. Career After graduating from law school, Rosen served as law clerk to Chief Judge Abner Mikva of the United States Court of Appeals for the District of Columbia Ci ...
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1881 Non-fiction Books
Events January * January 1– 24 – Siege of Geok Tepe: Russian troops under General Mikhail Skobelev defeat the Turkomans. * January 13 – War of the Pacific – Battle of San Juan and Chorrillos: The Chilean army defeats Peruvian forces. * January 15 – War of the Pacific – Battle of Miraflores: The Chileans take Lima, capital of Peru, after defeating its second line of defense in Miraflores. * January 24 – William Edward Forster, chief secretary for Ireland, introduces his Coercion Bill, which temporarily suspends habeas corpus so that those people suspected of committing an offence can be detained without trial; it goes through a long debate before it is accepted February 2. Note that Coercion bills had been passed almost annually in the 19th century, with a total of 105 such bills passed from 1801 to 1921. * January 25 – Thomas Edison and Alexander Graham Bell form the Oriental Telephone Company. February * February ...
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