Holmes, Jr.: Constitutional Interpreter and Convenient Patriarch for Post-1937 "Judicial Restraint"
AbstractThis paper discusses the significance of Justice Oliver Wendell Holmes, Jr., for modern American Constitutional interpretation and jurisprudence. Liljegren biographically traces the events in Holmes’ life, before examining the important dissents which have characterised his tenure as a United States Supreme Court judge. Holmes’ influence is attributed to his opposition to the dominant laissez-faire judicial perspectives of the day, and the consequent development of his "jurisprudence". Contrary to conventional assessments, this paper interrogates his reputation as a fundamental liberalist – to conclude that Holmes’ legacy has been misrepresented and "tailored" as a convenient justification for post-1937 judicial restraint. |