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"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.
This book investigates the validity of Justice Oliver Wendell Holmes Jr.'s assertion that high-profile Supreme Court cases often result in poor legal precedents. Lackland H. Bloom Jr., a professor of law, utilizes his extensive academic background to examine the tension between landmark judicial decisions and the practical application of law in everyday scenarios. By analyzing the historical context and doctrinal impact of major rulings, the author evaluates whether the unique circumstances of 'great cases' distort the development of constitutional law.
What You Will Find
Legal scholars and practitioners view this work as a comprehensive resource for understanding the evolution of American constitutional jurisprudence. Readers frequently note the academic density of the prose, which provides a rigorous framework for assessing the Court's historical decision-making patterns.
Page Count:
452
Publication Date:
2014-03-11
Publisher:
Oxford University Press
ISBN-10:
019976588X
ISBN-13:
9780199765881
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