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" I recognize without hesitation that judges do and must legislate, but they can do so only interstitially; they are confined from molar to molecular motions. "
Cases Argued and Adjudged in the Supreme Court of the United States - Side 221
av United States. Supreme Court - 1917
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Official Gazette, Volum 85,Utgaver 10-13

Philippines - 1989 - 706 sider
...Holmes delivered the coup de grace when he pragmatically admitted, although with a cautionary undertone: "that judges do and must legislate, but they can do...they are confined! from molar to molecular motions" (Southern Pacific Company vs. Jensen, 244 US 204 1917). And in the subsequent case of Springer vs....
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The American Journal of International Law, Volum 14

1920 - 736 sider
...courts, the constitution is likely to change slowly but continually. "I recognize," says Justice Holmes, "that judges do and must legislate. But they can do...They are confined from molar to molecular motions." (Southern Pacific v. Jensen, 244 US 205, 1917.) Where, as in England, a sharp distinction exists between...
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United States Reports: Cases Adjudged in the Supreme Court at ..., Volum 400

United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1971 - 1052 sider
...can give effect to these payments and penalty provisions and that the agreement is therefore not in 1 "I recognize without hesitation that judges do and...they are confined from molar to molecular motions." Southern Pacific Co. v. Jensen, 244 U. 8. 205, 221 (Holmes, J., dissenting). Mr. Justice Cardozo, in...
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Proceedings of the National Conference of Social Work at the ..., Volum 54

National Conference of Social Work (U.S.). Annual Session - 1927 - 754 sider
...Jensen, 244 US 205) says: "I recognize without hesitation that judges must and do legislate, but they do so only interstitially ; they are confined from molar to molecular motions." Modem society apparently has reduced us all to this interstitial movement. But there is as much of...
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Southwestern Law Review, Volumer 1-2

1916 - 264 sider
...few of our great 12 See "The Process of Judicial Legislation." Cohen, 48 American Law Rev. 161. 13 "1 recognize without hesitation that judges do and must...they are confined from molar to molecular motions." Holmes, dissenting opinion in Southern Pac. Co. v. Jensen, supra. See also comment bv Prof. Corbin...
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The American Political Science Review, Volum 12

Westel Woodbury Willoughby, John Archibald Fairlie, Frederic Austin Ogg - 1918 - 808 sider
...recognize," he says, "that judges do and must legislate." And then by way of qualification he adds: "But they can do so only interstitially; they are confined from molar to molecular motions."101 " Supra, note 13. "Supra, p. 41. " Supra, note 22. DECISIONS OF THE SUPREME COURT, 1914-1917...
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Bulletin of the Department of Labor of the State of ..., Volum 19,Utgaver 87-96

New York (State). Dept. of Labor - 1920 - 1206 sider
...rights come? The earliest case relies upon " the analogies of the municipal law," The Edith Goddcn, 23 Fed. Rep. 43, 46, — sufficient evidence of the...they are confined from molar to molecular motions. A common law judge could not say: "I think the doctrine of consideration a bit of historical nonsense...
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Government and Politics of France

Edward McChesney Sait - 1920 - 630 sider
...States Supreme Court said in one of his opinions that "judges do and must legislate"; but he added that "they can do so only interstitially; they are confined from molar to molecular motions." 2 Now, the civil and criminal law of France has NO case been codified since the time of Napoleon; 3...
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The Nature of the Judicial Process

Benjamin Nathan Cardozo - 1921 - 218 sider
...his flashing epigrams: "I recognize without hesitation that judges must and do legislate, but they do so only interstitially ; they are confined from...historical nonsense and shall not enforce it in my court."26 This conception of the legislative power of a judge as operating between spaces is akin to...
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Proceedings of the American Philosophical Society Held at ..., Volum 60

American Philosophical Society - 1921 - 688 sider
...the laws of the country if. I can construe them." (Taft, Our Chief Magistrate, p. 78.) " I recognize that judges do and must legislate. But they can do...they are confined from molar to molecular motions." (Holmes, J., dissent in Southern Pacific v. Jensen, 244, US 205, 1917.) 2 See Gray, op. cit., chap....
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