Do Great Cases Make Bad Law

Author: Lackland H. Bloom, Jr.
Publisher: Oxford University Press (UK)
ISBN: 019976588X
Size: 33.49 MB
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Do great cases make bad law? As noted at the outset, asking that question
necessar- ily requires a definition of terms as well as several subjective and
speculative judgments. Holmes assumed that the great case was distinguishable
from the hard case, which he also indicated makes bad law. It is unclear whether
Holmes was suggesting that great cases and hard cases were mutually exclusive
. There is no reason that should be so unless by definition, a great case is indeed
an easy ...

Examining The Filibuster

Author: United States. Congress. Senate. Committee on Rules and Administration
Publisher: Government Printing Office
ISBN: 9780160872570
Size: 41.69 MB
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Such claims, however, do illustrate how what once was an unusual and extreme
recourse to the right of extended debate has now become a routine aspect of
daily Senate life. I'm sure that the members of this committee, and especially
those who are attorneys, will recall the famous statement of Justice Oliver
Wendell Holmes in Northern Securities Co. vs. United States, 193 U.S. 197 (1904
), that "great cases, like hard cases, make bad law." Holmes went on to explain
that "great cases ...

Great Cases In Constitutional Law

Author: Robert P. George
Publisher: Princeton University Press
ISBN: 9780691049526
Size: 13.14 MB
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The essays are readily accessible to student and general reader alike and should provoke much-needed thought about the roles of the Constitution and the Court as its ostensible guardian."--Sanford Levinson, University of Texas, Austin

Methods Of Interpretation

Author: Lackland H. Bloom (Jr.)
Publisher: Oxford University Press on Demand
Size: 78.66 MB
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This title examines the various methodologies the Supreme Court, and individual justices, have employed throughout history when interpreting the Constitution.

Michigan Reports

Author: Michigan. Supreme Court
Size: 24.55 MB
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DXSSENTING OPINION av LEVIN, J . The decision here brings to mind Mr.
Justice Holmes' observations in the Northern Securities case: (Q Great cases like
hard cases make bad law. For great cases are called great, not by reason of their
real ... These immediate interests exercise a kind of hydraulic pressure which
makes what previously was clear seem doubtful, and before which even well
settled principles of law will bend. What we have to do in this case is to find the
meaning of ...

American Trade Politics 4th Edition

Publisher: Peterson Institute
ISBN: 9780881325324
Size: 69.51 MB
Format: PDF, Kindle
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They pressed the White House to do something for the industry. ... As David M.
Roderick of United States Steel told a press breakfast in early February, US firms
planned to file "a tremendous number" of unfair trade complaints, aiming to make
the total impact so "burdensome" that the administration, and "all players of
substance in the import game . . . would be very pleased to ... The results would
demonstrate that for trade as well, in Justice Holmes's words, "great cases make
bad law.

Bad Acts And Guilty Minds

Author: Leo Katz
Publisher: University of Chicago Press
ISBN: 022602797X
Size: 74.73 MB
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With wit and intelligence, Leo Katz seeks to understand the basic rules and concepts underlying the moral, linguistic, and psychological puzzles that plague the criminal law.

New York University Journal Of International Law Politics

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While courts should take care that hard cases do not make bad law,403 the same
must hold equally true for emotionally compelling ones. Justice Holmes referred
to these disputes as "great cases": Great cases, 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 the feelings and distorts the judgment. These
immediate ...

Making Your Case

Author: Antonin Scalia
Publisher: West Legalworks
ISBN: 9780314184719
Size: 11.61 MB
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Presents the basics of writing legal briefs and giving oral arguments, with discussions on the essentials of building a case through legal reasoning and the key elements of persuasive and successful oral pleading in the courtroom.

Keeton On Judging In The American Legal System

Author: Robert E. Keeton
Publisher: Lexis Pub
Size: 64.22 MB
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Expressed another way, the observation is this: Judges cannot help thinking
about policy questions and invoking analogies when they are making reasoned
choices. Nevertheless, most judges prefer not to talk or write about it. 50 An
adage says that hard cases make bad law. Does the adage apply to cases that
are analogous in some material way, even if they are not "hard"? See, e.g..
Northern Securities Co. v. United States, 193 U.S. 197, 363 (1903) (Holmes, J.,
dissenting) ("Great ...