...Holmes delivered the coup de grace when he pragmatically admitted, although with a cautionary undertone: "that judges do and must legislate, but they can do...they are confined! from molar to molecular motions" (Southern Pacific Company vs. Jensen, 244 US 204 1917). And in the subsequent case of Springer vs....

...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...

...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...

...Jensen, 244 US 205) says: "I recognize without hesitation that judges must and do legislate, but they do so only interstitially ; they are confined from molar to molecular motions." Modem society apparently has reduced us all to this interstitial movement. But there is as much of...

...few of our great 12 See "The Process of Judicial Legislation." Cohen, 48 American Law Rev. 161. 13 "1 recognize without hesitation that judges do and must...they are confined from molar to molecular motions." Holmes, dissenting opinion in Southern Pac. Co. v. Jensen, supra. See also comment bv Prof. Corbin...

...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...

...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...

...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...

...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...

...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....