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3min chapter
Jeffrey Rosen Talks With Peter Slen About Justice Oliver Wendell Holmes’ “The Common Law”
We the People
The Development of Constitutional Law and the Significance of 'The Common Law'
A discussion on the underdevelopment of constitutional law in 1881, including limited federal laws struck down by the Supreme Court and the delayed application of the Bill of Rights. The debate on judges substituting policy preferences and the significance of 'The Common Law' in American jurisprudence is also explored.
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