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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 219
av United States. Supreme Court - 1917
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The American Journal of International Law

James Brown Scott, George Grafton Wilson - 1920
...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
...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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The American Political Science Review

Westel Woodbury Willoughby, John Archibald Fairlie, Frederic Austin Ogg - 1918
...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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Special Bulletins ...

New York (State). Dept. of Labor - 1920
...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 - 478 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 - 180 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
...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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Proceedings of the American Philosophical Society Held at ..., Volum 60

American Philosophical Society - 1921
...construe them." (Taft, Our Chief Magistrate, p. 78.) " I recognise that judges do and must legislatt But they can do so only interstitially : they are confined from molar to molecular motions." (Holmes, J., dissent in Southern Pacific. v. Jensen, 244..US 205, 1917.) "See Gray, op. cit., chap....
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The Control of American Foreign Relations

Quincy Wright - 1922 - 412 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.) "See Gray, op. cit., chap....
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A Selection of Cases and Other Authorities on the Law of Admiralty, Del 3

Edwin De Witt Dickinson - 1924
...source_dfl__these ____ new rights ¿orne? The earliest case reliés upon "analogies of the muni с ipal law," " The Edith Godden, 23 Fed. Rep. 43, 46, —...exercising the limited jurisdiction of „admiralty ^ay_I_think v/elir__of the 'common -taw rules of master and servant апй~7рго_воБА- to introduce...
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