The Hidden Holmes

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

Essential Law For Social Workers

Author: Robert G. Madden
Publisher: Columbia University Press
ISBN: 0231508999
Size: 56.57 MB
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Restatement (Second) of Torts. 1965. Washington, D.C.: American Law Institute.
Riskin, L. L. and J. E. Westbrook. 1998. Dispute resolution and lawyers. Abridged
2d ed. St. Paul, Minn.: West. Rosenberg, D. 1995. The hidden Holmes: His theory
of torts in history. Cambridge, Mass.: Harvard University Press. Rosenberg, J. A.
2000. Adapting unitary principles of professional responsibility to unique practice
contexts: A reflective model for resolving ethical dilemmas in elder law. Loyola ...

The Public Life Of Privacy In Nineteenth Century American Literature

Author: Stacey Margolis
Publisher: Duke University Press Books
ISBN: 9780822335368
Size: 44.14 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, ...

Tort Law

Author: Mark Geistfeld
Publisher: Wolters Kluwer Law and Business
ISBN: 9780735568280
Size: 80.24 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), 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 ...

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 ...

Rhetoric And Reform In The Progressive Era

Author: J. Michael Hogan
Publisher: MSU Press
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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 ...

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 ...


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1, 3 (1927) (taking note of debate regarding whether negligence is subjective or
objective and whether it depends on fault). 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 ...

Calderon V United States Of America

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This reliance by the other courts on foreseeability is Consonant with traditional
tort doctrine. The events of this case occurred in Wisconsin. In that state, The duty
of any person is the obligation of due care to refrain from any act which will cause
foreseeable harm to others even though the nature of that harm and the identity
of the harmed interest in unknown at the time of the act. ... D. Rosenberg, The
Hidden Holmes, His Theory of Torts in History, Harvard U. Press, 1995, p. 98.
Thus ...

Human Rights And Legal History

Author: Alfred William Brian Simpson
Publisher: Oxford University Press on Demand
Size: 30.94 MB
Format: PDF
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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,