Do Great Cases Make Bad Law?

Nonfiction, Reference & Language, Law, Jurisprudence, Legal History, Constitutional
Cover of the book Do Great Cases Make Bad Law? by Lackland H. Bloom, Jr., Oxford University Press
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Lackland H. Bloom, Jr. ISBN: 9780190842895
Publisher: Oxford University Press Publication: March 11, 2014
Imprint: Oxford University Press Language: English
Author: Lackland H. Bloom, Jr.
ISBN: 9780190842895
Publisher: Oxford University Press
Publication: March 11, 2014
Imprint: Oxford University Press
Language: English

"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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

"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.

More books from Oxford University Press

Cover of the book Clients and Constituents by Lackland H. Bloom, Jr.
Cover of the book Enemies Known and Unknown by Lackland H. Bloom, Jr.
Cover of the book Teaching New Religious Movements by Lackland H. Bloom, Jr.
Cover of the book The Foundation of Choice of Law by Lackland H. Bloom, Jr.
Cover of the book Imagination: Oxford Bibliographies Online Research Guide by Lackland H. Bloom, Jr.
Cover of the book Aaron Copland's Appalachian Spring by Lackland H. Bloom, Jr.
Cover of the book Adaptive Strategies for Small-Handed Pianists by Lackland H. Bloom, Jr.
Cover of the book Gay Men: Oxford Bibliographies Online Research Guide by Lackland H. Bloom, Jr.
Cover of the book Melancholic Habits by Lackland H. Bloom, Jr.
Cover of the book Philosophical Papers by Lackland H. Bloom, Jr.
Cover of the book Social Work and Integrated Health Care by Lackland H. Bloom, Jr.
Cover of the book North American Indians: A Very Short Introduction by Lackland H. Bloom, Jr.
Cover of the book The Politics of Truth by Lackland H. Bloom, Jr.
Cover of the book America Walks into a Bar by Lackland H. Bloom, Jr.
Cover of the book Thieves of Book Row: New York's Most Notorious Rare Book Ring and the Man Who Stopped It by Lackland H. Bloom, Jr.
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy