Do Great Cases Make Bad Law?

Hardcover | March 25, 2014

byLackland H. Bloom

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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, greatcases 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 Actcase, 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 integrateswith 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.

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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...

Lackland H. Bloom, Jr. is a Professor of Law at the Dedman School of Law, Southern Methodist University, where he has taught constitutional law for over thirty years. Professor Bloom previously served as Law Clerk to Chief Judge John R. Brown of the United States Court of Appeals for the Fifth Circuit and practiced law in Washington D...

other books by Lackland H. Bloom

Format:HardcoverDimensions:448 pages, 9.25 × 6.12 × 0.98 inPublished:March 25, 2014Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:019976588X

ISBN - 13:9780199765881

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Table of Contents

AcknowledgmentsIntroduction1. Marbury v Madison2. McCulloch v Maryland3. Gibbons v Ogden4. Prigg v Pennsylvania5. Scott v Sanford6. The Legal Tender Cases7. The Slaughterhouse Cases8. The civil Rights Cases9. Pollack v Farmers Loan and Trust Co.10. NLRB v Jones and Laughlin Steel Corp.11. Dennis v United States12. Youngstown Sheet and Tube Co. v Sawyer13. Brown v Board of Education14. The Reapportionment Cases15. New York Times v Sullivan16. Miranda v Arizona17. The Pentagon Papers Case18. Roe and Casey19. United States v Nixon20. Bakke, Grutter and Gratz21. Bush v Gore22. National Federation of Independent Business v Sebelius23. Do Great Cases make Bad Law?Index