The Common Law

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Harvard University Press, 2009 - History - 393 pages
2 Reviews

Much more than an historical examination of liability, criminal law, torts, bail, possession and ownership, and contracts, The Common Law articulates the ideas and judicial theory of one of the greatest justices of the Supreme Court. G. Edward White reminds us why the book remains essential reading not only for law students but also for anyone interested in American history. The text published is, with occasional corrections of typographical errors, identical with that found in the first and all subsequent printings by Little, Brown.


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User Review  - keylawk - LibraryThing

Holmes spent the first ten years of his service on the Supreme Court known as "The Dissenter", and for most of the chamber discussion was literally holding his head in his hands in utter despondency ... Read full review

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Professor G. Edward White also appeared on the Charlottesville, Virginia, politics interview program Politics Matters with host and producer Jan Madeleine Paynter discussing the Supreme Court:


Early Forms of Liability
The Criminal Law
Torts Trespass and Negligence
Fraud Malice and Intent The Theory of Torts
The Bailee at Common Law
Contract I History
Contract II Elements
Successions I After Death II Inter Vivos
Successions II Inter Vivos
Selected Bibliography
Glossary of Legal Terms
Table of Cases
Year Books and Early Cases

Contract III Void and Voidable

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About the author (2009)

Oliver Wendell Holmes, Jr. (March 8, 1841- March 6, 1935) was an American jurist who served as an Associate Justice of the Supreme Court of the United States from 1902 to 1932, and as Acting Chief Justice of the United States January - February 1930. Holmes was born in Boston, Massachusetts, the son of the prominent writer and physician Oliver Wendell Holmes, Sr. Holmes graduated from Harvard University, as did his father. He enlisted in the Massachusetts militia in the Spring of 1861 and he retired to his home in Boston after his three-year enlistment ended in 1864. Upon his return, he enrolled in Harvard Law School; he was admitted to the bar in 1866. On August 11, 1902, President Theodore Roosevelt nominated Holmes to a seat on the United States Supreme Court vacated by Justice Horace Gray, who had retired in July. The nomination was made on the recommendation of Senator Henry Cabot Lodge, then the junior senator from Massachusetts. Holmes stepped down from the court in 1932 and retired when he was 90 years of age. Many of his papers and writings were donated to Harvard Law School. Holmes died of pneumonia in Washington, D. C. on March 6, 1935; he was almost 94 years old.

G. Edward White is David and Mary Harrison Distinguished Professor of Law at the University of Virginia and the author of numerous books, including Oliver Wendell Holmes, Jr. and Alger Hiss's Looking-Glass Wars.

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