Richard A. Paschal, George Mason University Law School, has posted
Constitutional Birth Pains, a review of
William M. Wiecek's contribution to the Oliver Wendell Holmes Devise History of the United States Supreme Court,
The Birth of the Modern Constitution: The United States Supreme Court, 1941-1953 Although the review essay is a bit old--it originally appeared in the
Green Bag 2d, 10 (2006)--I realized the other day that some followers of the blog are unfamiliar with the saga of the Holmes Devise. If you're in that category, the first few pages of the Paschal's review will get you started, but you should then follow the trail through his footnotes, especially to
this essay.