As the ambivalence of Justice Holmes reveals, the struggle between logic and historical precedent in the law requires a judicial balance that knows when to yield to the logic of change and when to remain tied to tradition. The landmark case of Crawford v. Washington reflects that struggle as a work in progress. In Crawford, the Supreme Court fundamentally altered its interpretation of the Confrontation Clause of the Sixth Amendment to such an extent that the full reach of the doctrinal logic will take decades to unravel.
Michael J. Polelle,
Death of Dying Declarations in a Post-Crawford World, The,
71 Mo. L. Rev.
Available at: https://scholarship.law.missouri.edu/mlr/vol71/iss2/1