Do Great Cases Make Bad Law

Author: Lackland H. Bloom, Jr.
Publisher: Oxford University Press
ISBN: 019084289X
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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 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.” So spoke Justice
Holmes ...

The Past And Future Of Eu Law

Author: Miguel Maduro
Publisher: Bloomsbury Publishing
ISBN: 1847315631
Size: 19.90 MB
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The Classics of EU Law Revisited on the 50th Anniversary of the Rome Treaty
Luis Miguel Poiares Pessoa Maduro, Loïc Azoulai. 4. Pluralism. in. Marbury. and.
Van. Gend. 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, 'great cases are called great, not by reason of their real
importance in ... But these cases do not definitively resolve the great problem of
pluralism.

Cato Supreme Court Review 2010 2011

Author: Ilya Shapiro
Publisher: Cato Institute
ISBN: 9781935308515
Size: 24.26 MB
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Despite the empathy that virtually anyone would feel for the marine's grieving
father, the Court held by a vote of eight to one that his action for intentional
infliction of emotional distress and intrusion upon seclusion could not survive,
owing largely to the public nature of the issues the protesters had raised.2 ''Hard
cases,'' a British judge once wrote, ''are apt to introduce bad law.''3 ''Great cases,''
Justice Holmes elaborated, ''like hard cases make bad law. For great cases are
called great ...

Examining The Filibuster

Author: United States. Congress. Senate. Committee on Rules and Administration
Publisher: Government Printing Office
ISBN: 9780160872570
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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 ...

Regionalism In International Investment Law

Author: Leon Trakman
Publisher: Oxford University Press
ISBN: 019538900X
Size: 70.76 MB
Format: PDF
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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
the feelings and distorts the judgment. We might take this reasoning a step further
: big cases make or entrench bad policy. A contemporary example is the first-ever
arbitration claim brought by a foreign investor against Australia pursuant to an ...

American Trade Politics 4th Edition

Author:
Publisher: Peterson Institute
ISBN: 9780881325324
Size: 79.13 MB
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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.

The Problems Of Jurisprudence

Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 9780674708761
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Philosophers have long puzzled over immaterial "things," although their
enthusiasm for such debates is beginning to wane. Chicago and 1. I am
deliberately avoiding the more common, but misleading, expression "hard cases.
" The term originally meant cases that tug at the heartstrings; that is its meaning in
the old saw "hard cases make bad law." By semantic drift it has come to mean
difficult cases, which makes nonsense of the old saw. Only difficult cases make
law, good or bad.

Justice Oliver Wendell Holmes

Author: G. Edward White
Publisher: Oxford University Press
ISBN: 9780198024330
Size: 77.11 MB
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Law and the Inner Self G. Edward White. Introduction. 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. The abiding interest of Americans in ... The analytical
underpinnings of his decisions may remain obscure, but the epigrams remain: “
three generations of imbeciles are enough''; ''a word is the skin of a living thought
”; “great cases like hard cases make bad law.” His epigrammatic style, his
penchant for ...

Cogito

Author: Joseph Almog
Publisher: Oxford University Press
ISBN: 9780199713929
Size: 55.28 MB
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... triangles, material bodies, my-self (that is, his self), all cases with more
philosophical bite than this mundane object, the sun. I believe however that if we
clear up some elementary facts in this mundane case (where the extra bite doesn
't intrude), we will have the essentials of Descartes' account of thinking of objects,
whatever their fabric. So, not to worry, we will soon get to thinking of God and
oneself. But hard cases make bad law. In contrast, mundane cases make a pretty
good law; ...

Political Trials

Author: Ron Christenson
Publisher: Transaction Publishers
ISBN: 1412831261
Size: 62.20 MB
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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
influence and the political consequences of judgments by courts. The realist
would have us believe that, as the world goes, all trials are political, just as the
legalist would have it that, properly, none are political. Is the rule of law identical
with the rules of ...