Do Great Cases Make Bad Law

In Do Great Cases Make Bad Law?, Lackland H. Bloom, Jr. tests Justice Holmes' dictum by analyzing in detail the history of the Supreme Court's great cases, from Marbury v. Madison in 1803, to National Federation of Independent Business v.

Author: Lackland H. Bloom, Jr.

Publisher: Oxford University Press

ISBN: 9780190842895

Category: Law


View: 279

Download →

"Great cases like hard cases make bad law" declared Justice Oliver Wendell Holmes, Jr. in his dissenting opinion in the Northern Securities antitrust case of 1904. His maxim argues that those cases which ascend to the Supreme Court of the United States by virtue of their national importance, interest, or other extreme circumstance, make for poor bases upon which to construct a general law. Frequently, such cases catch the public's attention because they raise important legal issues, and they become landmark decisions from a doctrinal standpoint. Yet from a practical perspective, great cases could create laws poorly suited for far less publicly tantalizing but far more common situations. In Do Great Cases Make Bad Law?, Lackland H. Bloom, Jr. tests Justice Holmes' dictum by analyzing in detail the history of the Supreme Court's great cases, from Marbury v. Madison in 1803, to National Federation of Independent Business v. Sebelius, the Patient Protection and Affordable Care Act case, in 2012. He treats each case with its own chapter, and explains why the Court found a case compelling, how the background and historical context affected the decision and its place in constitutional law and history, how academic scholarship has treated the case, and how the case integrates with and reflects off of Justice Holmes' famous statement. In doing so, Professor Bloom draws on the whole of the Supreme Court's decisional history to form an intricate scholarly understanding of the holistic significance of the Court's reasoning in American constitutional law.
Posted in:

The Past and Future of EU Law

DANIEL HALBERSTAM 'Great cases, like hard cases, make bad law', Oliver
Wendell Holmes, Jr, famously remarked in his first Supreme Court dissent.68 For
Holmes, ... But these cases do not definitively resolve the great problem of

Author: Luis Miguel Poiares Pessoa Maduro

Publisher: Bloomsbury Publishing

ISBN: 9781847315632

Category: Law

Page: 526

View: 231

Download →

This book revisits, in a new light, some of the classic cases which constitute the foundations of the EU legal order and is timed to celebrate the 50th anniversary of the Rome Treaty establishing a European Economic Community. Its broader purpose, however, is to discuss the future of the EU legal order by examining, from a variety of different perspectives, the most important judgments of the ECJ which established the foundations of the EU legal order. The tone is neither necessarily celebratory nor critical, but relies on the viewpoint of the distinguished line-up of contributors - drawn from among former and current members of the Court (the view from within), scholars from other disciplines or lawyers from other legal orders (the view from outside), and two different generations of EU legal scholars (the classics revisit the classics and a view from the future). Each of these groups will provide a different perspective on the same set of selected judgments. In each short essay, questions such as 'what would have EU law been without this judgment of the Court? what factors might have influenced it?; did the judgment create expectations which were not fully fulfilled?' and so on, are posed and answered. The result is a profound, wide-ranging and fresh examination of the 'founding cases' of EU law.
Posted in:

War Powers

[ Reprint from May , 1972 , issue of the Texas Law REVIEW ] GREAT CASES
MAKE BAD LAW : THE WAR POWERS ACT ... which makes what previously was
clear seem doubtful , and before which even well settled principles of law will
bend .

Author: United States. Congress. House. Committee on Foreign Affairs. Subcommittee on National Security Policy and Scientific Developments


ISBN: UOM:39015008353867

Category: War and emergency powers

Page: 532

View: 816

Download →

Posted in:


Roy's request for an exemption was an easy case. ... Hard cases—as the saying
goes—often make bad law, but it is not so often that easy cases make bad law.
Yet the doctrine spawned in this case would live on to do great mischief. The next

Author: George P. Fletcher

Publisher: Oxford University Press on Demand

ISBN: 9780195098327

Category: Literary Criticism

Page: 211

View: 496

Download →

This book is an important contribution to the public debate on morality, politics, and the law, and is unique in its exploration of loyalty and its role in our personal and national identity.
Posted in:

Cato Supreme Court Review 2010 2011

Phelps: A Hard Case That Did Not Make Bad Law Paul E. Salamanca* In Snyder
v. Phelps ... For great cases are called great, not by reason of their real
importance in shaping the law of the future, but because of some accident of
immediate ...

Author: Ilya Shapiro

Publisher: Cato Institute

ISBN: 1935308513

Category: Law

Page: 408

View: 260

Download →

Now in its 10th year, this acclaimed annual publication brings together leading national scholars to analyze the Supreme Court's most important decisions from the term just ended and preview the year ahead.
Posted in:

Regionalism in International Investment Law

United States, 193 U.S. 197, 400 (1904) that: Great cases like hard cases make
bad law. For great cases are called great, not by reason of their importance...but
because of some accident of immediate overwhelming interest which appeals to

Author: Leon Trakman

Publisher: Oxford University Press

ISBN: 9780195389005

Category: Law

Page: 534

View: 782

Download →

Regionalism in International Investment Law provides a multinational perspective on international investment law. In it, distinguished academics and practitioners provide a critical and comprehensive understanding of issues in a field which has grown exponentially in its importance particularly over the last decade, focusing on the European Union, Australia, North America, Asia, and China. The book approaches the field of foreign direct investment from both academic and practical viewpoints and analyzes different bilateral, regional, and multinational agreements, often yielding competing perspectives. The academic perspective yields a strong conceptual foundation to often misunderstood elements of international investment law, while the practical perspective aids those actively pursuing foreign direct investment in better understanding the landscape, identifying potential conflicts which may arise, in more accurately assessing the risk underlying the issues in conflict and in resolving those issues. Thorny issues relating to global commerce, sovereignty, regulation, expropriation, dispute resolution, and investor protections are covered, depicting how they have developed and are applied in different regions of the world. These different treatments ensure that readers are able grasp the subject matter at multiple levels and provide a comprehensive overview of developments in the field of foreign direct investment.
Posted in:

Examining the Filibuster

Should there be any doubt , however , all one needs to do is to take note of all the
newspaper and magazine articles that claim that some bill will ... United States ,
193 U.S. 197 ( 1904 ) , that " great cases , like hard cases , make bad law .

Author: United States. Congress. Senate. Committee on Rules and Administration

Publisher: Government Printing Office

ISBN: 016087257X

Category: Law

Page: 656

View: 450

Download →

This transcript provides the discussions held by the Committee on Rules and Administration of the United States Senate in April 2010, as it examined the history of the filibuster from 1789-2008. Appendices include extensive documentation compiled by senators from other sources relating to filibusters.
Posted in:

Hate Speech and the Constitution

... 436, 48 L.Ed. 679 (1904) become more pertinent with the passage of time:
Great cases like hard cases make bad law. ... 27.56(c): A permit will issue if The
conduct of the parade, public assembly. or similar activity will not portray
criminality, ...

Author: Steven J. Heyman

Publisher: Taylor & Francis

ISBN: 0815322070

Category: Law

Page: 1000

View: 592

Download →

Twenty-nine collected essays represent a critical history of Shakespeare's play as text and as theater, beginning with Samuel Johnson in 1765, and ending with a review of the Royal Shakespeare Company production in 1991. The criticism centers on three aspects of the play: the love/friendship debate.
Posted in:

Justice Oliver Wendell Holmes

His Book is by no means the first portrait of the life and career of Justice Oliver
Wendell Holmes and it will assuredly not be the last. ... of imbeciles are enough''; '
'a word is the skin of a living thought”; “great cases like hard cases make bad law.

Author: G. Edward White

Publisher: Oxford University Press

ISBN: 0198024339

Category: History

Page: 648

View: 554

Download →

By any measure, Oliver Wendell Holmes, Jr., led a full and remarkable life. He was tall and exceptionally attractive, especially as he aged, with piercing eyes, a shock of white hair, and prominent moustache. He was the son of a famous father (Oliver Wendell Holmes, Sr., renowned for "The Autocrat of the Breakfast Table"), a thrice-wounded veteran of the Civil War, a Harvard-educated member of Brahmin Boston, the acquaintance of Longfellow, Lowell, and Emerson, and for a time a close friend of William James. He wrote one of the classic works of American legal scholarship, The Common Law, and he served with distinction on the Supreme Court of the United States. He was actively involved in the Court's work into his nineties. In Justice Oliver Wendell Holmes, G. Edward White, the acclaimed biographer of Earl Warren and one of America's most esteemed legal scholars, provides a rounded portrait of this remarkable jurist. We see Holmes's early life in Boston and at Harvard, his ambivalent relationship with his father, and his harrowing service during the Civil War (he was wounded three times, twice nearly fatally, shot in the chest in his first action, and later shot through the neck at Antietam). White examines Holmes's curious, childless marriage (his diary for 1872 noted on June 17th that he had married Fanny Bowditch Dixwell, and the next sentence indicated that he had become the sole editor of the American Law Review) and he includes new information on Holmes's relationship with Clare Castletown. White not only provides a vivid portrait of Holmes's life, but examines in depth the inner life and thought of this preeminent legal figure. There is a full chapter devoted to The Common Law, for instance, and throughout the book, there is astute commentary on Holmes's legal writings. Indeed, White reveals that some of the themes that have dominated 20th-century American jurisprudence--including protection for free speech and the belief that "judges make the law"--originated in Holmes's work. Perhaps most important, White suggests that understanding Holmes's life is crucial to understanding his work, and he continually stresses the connections between Holmes's legal career and his personal life. For instance, his desire to distinguish himself from his father and from the "soft" literary culture of his father's generation drove him to legal scholarship of a particularly demanding kind. White's biography of Earl Warren was hailed by Anthony Lewis on the cover of The New York Times Book Review as "serious and fascinating," and The Los Angeles Times noted that "White has gone beyond the labels and given us the man." In Justice Oliver Wendell Holmes, White has produced an equally serious and fascinating biography, one that again goes beyond the labels and gives us the man himself.
Posted in:

James J Hill

His own railroad attorneys played a major role in the preparation of the case, and
his family and associates worried at his ... new appointee to the court, Oliver
Wendell Holmes, Jr., who reasoned, “Great cases like hard cases make bad law.

Author: Michael P. Malone

Publisher: University of Oklahoma Press

ISBN: 9780806187716

Category: Biography & Autobiography

Page: 320

View: 529

Download →

In this volume, Michael P. Malone provides a succinct interpretive biography of James J. Hill, the "Empire Builder"-so called for his work in developing the region of the United States between the Great Lakes and the Pacific Northwest. Malone explores Hill’s complex life and personality, his activities and interests, and recreates both the story of the railroad race to the Pacific and the complex interactions involved in the development of the region. "Michael Malone has written a model. . . .interpretative biography of James J. Hill. He has drawn on the research of others, published and unpublished, as he says, but also on his own knowledge of American economic development in Hill’s time as a leading historian of mining and of a state in whose development Hill’s railroads were major factors." -Earl Pomeroy, Professor of History, Retired, University of Oregon and University of California, San Diego
Posted in:

Theodore Rex

... stupefied audience, “like hard cases, make bad law. For great cases are called
great, not by reason of their real importance in shaping the law of the future, but
because of some accident of immediate overwhelming interest which appeals to

Author: Edmund Morris

Publisher: Random House

ISBN: 9780307777812

Category: Biography & Autobiography

Page: 792

View: 577

Download →

Theodore Rex is the story—never fully told before—of Theodore Roosevelt’s two world-changing terms as President of the United States. A hundred years before the catastrophe of September 11, 2001, “TR” succeeded to power in the aftermath of an act of terrorism. Youngest of all our chief executives, he rallied a stricken nation with his superhuman energy, charm, and political skills. He proceeded to combat the problems of race and labor relations and trust control while making the Panama Canal possible and winning the Nobel Peace Prize. But his most historic achievement remains his creation of a national conservation policy, and his monument millions of acres of protected parks and forest. Theodore Rex ends with TR leaving office, still only fifty years old, his future reputation secure as one of our greatest presidents.
Posted in:

American Trade Politics 4th Edition

They pressed the White House to do something for the industry. President
Reagan, also up for ... be achieved or implemented. The results would
demonstrate that for trade as well, in Justice Holmes's words, "great cases make
bad law."41 ...


Publisher: Peterson Institute

ISBN: 0881325325

Category: Political Science


View: 229

Download →

In this comprehensive revision of the most influential, widely read analysis of the US trade policymaking system, Destler addresses how globalization has reshaped trade politics, weakening traditional protectionism but intensifying concern about trade's societal impacts. Entirely new chapters treat the deepening of partisan divisions and the rise of ?trade and . . .? issues (especially labor and the environment). The author concludes with a comprehensive economic and political strategy to cope with globalization and maximize its benefits. The original edition of American Trade Politics won the Gladys Kammerer Award of the American Political Science Association for the best book on US national policy. The new edition contains three completely new chapters (9-11), plus an extensively reshaped concluding chapter (12). All of the other chapters have been revised and edited.
Posted in:

Law and the Nation 1865 1910

NOTES TO DOCUMENT 16 Dissent of Mr . Justice Holmes in the Northern
Securities Case ( 1904 ) 1 ) What does Holmes mean by his statement that " great
cases like hard cases make bad law " ? What , according to Holmes , is the real
issue ...

Author: Jonathan Lurie


ISBN: STANFORD:36105043667430

Category: Law

Page: 206

View: 327

Download →

Posted in:

The Problems of Jurisprudence

Ontological Skepticism Part I treated the question of law's objectivity primarily as
one of epis- temology, the branch of philosophy concerned with establishing (or
disestablishing) ... Conversely, the skeptical position will be strengthened if it can
be shown that lawyers and judges ... The term originally meant cases that tug at
the heartstrings; that is its meaning in the old saw "hard cases make bad law.

Author: Richard A. Posner

Publisher: Harvard University Press

ISBN: 0674708768

Category: Law

Page: 485

View: 169

Download →

In this book, Richard A. Posner examines how judges go about making difficult decisions. Posner argues that they cannot rely on either logic or science, but must fall back on a grab bag of informal methods of reasoning that owe less than one might think to legal training and experience. -- Adapted from summary.
Posted in:

Taking the Stand

My Life in the Law Alan Dershowitz ... Make sure the issues in the case are within
your area of expertise. 2. If you do take the case, don't socialize with the celebrity.
... Don't let the good publicity you might get from trying the case influence your
judgment if trying the case may cause bad publicity or other negatives for your ...

Author: Alan Dershowitz

Publisher: Broadway Books

ISBN: 9780307719294

Category: Biography & Autobiography

Page: 560

View: 952

Download →

America's most prominent legal mind and the #1 bestselling author of Chutzpah and The Best Defense, Alan Dershowitz, recounts his legal autobiography, describing how he came to the law, as well as the cases that have changed American jurisprudence over the past 50 years, most of which he has personally been involved in. In Taking the Stand, Dershowitz reveals the evolution of his own thinking on such fundamental issues as censorship and the First Amendment, Civil Rights, Abortion, homicide and the increasing role that science plays in a legal defense. Alan Dershowitz, the Felix Frankfurter Professor of Law at Harvard University, and the author of such acclaimed bestsellers as Chutzpah, The Best Defense, and Reversal of Fortune, for the first time recounts his legal biography, describing his struggles academically at Yeshiva High School growning up in Williamsburg, Brooklyn, his successes at Yale, clerking for Supreme Court Justice Arthur Goldberg, his appointment to full professor at the Harvard at age 28, the youngest in the school's history. Dershowitz went on to work on many of the most celebrated cases in the land, from appealing (successfully) Claus Von Bulow's conviction for the murder of his wife Sunny, to the O.J. Simpson trial, to defending Mike Tyson, Leona Helmsley, Patty Hearst, and countless others. He is currently part of the legal team advising Julian Assange.
Posted in:

Political Trials

10 Conclusion : Do Hard Cases Make Bad Law ? A political trial falls between
politics and law . In politics . justice and the legal bounds of the rule of law are
embarrassments to the realist . In law . the legalist cannot acknowledge public ...

Author: Ronald Christenson

Publisher: Transaction Publishers

ISBN: 1412831245

Category: Law

Page: 303

View: 616

Download →

Political Trials takes issues of responsibility, conscience, representation, and legitimacy, and raises questions about our public identity, our standards for public policy, and our sense of history. Christenson explores how political trials engage society's conflicting values and loyalties. He examines numerous cases throughout history, bringing into question basic foundations of law, politics, and society. Since the first edition appeared, a number of notable political trials have raised critical issues. Christenson discusses these and shows how they have made a positive contribution to an open and democratic society.
Posted in:

The Great City Academy Fraud

This is just one case, and hard cases make bad law. But if Jack's school had not
been closed to make way for a city academy, Jack would probably have finished
his schooling, ... They had a legal obligation to do so, and they failed to meet it.

Author: Francis Beckett

Publisher: A&C Black

ISBN: 9781441152558

Category: Education

Page: 224

View: 632

Download →

This highly controversial and compelling book exposes the government's city academies project: the ways in which companies and rich individuals have been persuaded to sponsor academies, their real reasons for sponsoring them, the lies that have been told in support of the academies project, and the disastrous effect it will have on Britain's schools. It brings together existing research, by the author and others, and adds new research, to build up a picture of a deeply flawed idea, which is educationally disastrous and inherently corrupt. In his provocative yet fascinating tour de force, Francis Beckett pulls the plug on the most high-profile educational scam for decades.
Posted in:

Euthanasia Ethics and Public Policy

Conclusions Given that each chapter in the book has its own conclusions , this
concluding chapter will be brief , and confine itself to ... The lawyer's adage ' hard
cases make bad law ' is particularly apt in response to the campaign for VAE .

Author: John Keown

Publisher: Cambridge University Press

ISBN: 0521009332

Category: Law

Page: 318

View: 188

Download →

A consideration of the 'slippery slope' objection to voluntary euthanasia, including a review of the Dutch experience.
Posted in:

Five Minds for the Future

Such different truths also permeate the workplace. “Great cases make bad law,”
lawyers are taught. “Diversify your portfolio” is the watchword among investors.
Corporate executives favor succinct mission statements, like IBM's “Think” or GE's

Author: Howard Gardner

Publisher: Harvard Business Press

ISBN: 9781422147993

Category: Psychology

Page: 196

View: 626

Download →

We live in a time of relentless change. The only thing that?s certain is that new challenges and opportunities will emerge that are virtually unimaginable today. How can we know which skills will be required to succeed? In Five Minds for the Future, bestselling author Howard Gardner shows how we will each need to master "five minds" that the fast-paced future will demand: · The disciplined mind, to learn at least one profession, as well as the major thinking (science, math, history, etc.) behind it · The synthesizing mind, to organize the massive amounts of information and communicate effectively to others · The creating mind, to revel in unasked questions - and uncover new phenomena and insightful apt answers · The respectful mind, to appreciate the differences between human beings - and understand and work with all persons · The ethical mind, to fulfill one's responsibilities as both a worker and a citizen Without these "minds," we risk being overwhelmed by information, unable to succeed in the workplace, and incapable of the judgment needed to thrive both personally and professionally. Complete with a substantial new introduction, Five Minds for the Future provides valuable tools for those looking ahead to the next generation of leaders - and for all of us striving to excel in a complex world. Howard Gardner—cited by Foreign Policy magazine as one of the one hundred most influential public intellectuals in the world, and a MacArthur Fellowship recipient—is the Hobbs Professor of Cognition and Education at the Harvard Graduate School of Education.
Posted in:

The Myth of the Robber Barons

To lead his defense, Hill hired John G. Johnson, who was the "successful warrior"
in the E. C. Knight case. ... 40 The Northern Securities decision, then, overturned
the E. C. Knight case. ... "Great cases," Holmes concluded, "make bad law.

Author: Burton W. Folsom

Publisher: Young Americas Foundation

ISBN: 9780963020314

Category: History

Page: 170

View: 662

Download →

In his book The Myth of the Robber Barons, Folsom distinguishes between political entrepreneurs who ran inefficient businesses supported by government favors, and market entrepreneurs who succeeded by providing better and lower-cost products or services, usually while facing vigorous competition.
Posted in: