getting over Bork, restoring our depleted legal capital

[David Cruz]

On Mon, 10 Oct 2005, Carrese Paul O Prof USAFA/DFPS wrote:

> [snip]
> but, it is precisely the view we should expect the president and senate
> in our Montesquieuan system to eventually adopt in reaction to the
> attempt by Holmes and Wilson, launched a century ago, to transform the
> judiciary into a policy-making branch.  [snip]

Would this be Oliver Wendell Holmes, Jr.?  From my reading of many of
Holmes's opinions (and not just his widely read dissent in Lochner), as
well as the fascinating book The Metaphysical Club, I do not see that
Holmes ever made such attempt.  I would be quite interested in the factual
historical basis, if any, for this characterization.

David B. Cruz
Professor of Law
University of Southern California Law School
Los Angeles, CA 90089-0071
U.S.A.