Do Great Cases Make Bad Law

Author: Lackland H. Bloom, Jr.
Publisher: Oxford University Press (UK)
ISBN: 019976588X
Size: 58.25 MB
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The purpose of this book is to examine 25 great cases that arose throughout the history of the Supreme Court and to attempt to determine whether Holmes was correct.

The Past And Future Of Eu Law

Author: Miguel Maduro
Publisher: Bloomsbury Publishing
ISBN: 1847315631
Size: 24.40 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

Cato Supreme Court Review 2010 2011

Author: Ilya Shapiro
Publisher: Cato Institute
ISBN: 9781935308515
Size: 68.78 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 ...

Regionalism In International Investment Law

Author: Leon Trakman
Publisher: Oxford University Press
ISBN: 019538900X
Size: 10.56 MB
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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 ...

Examining The Filibuster

Author: United States. Congress. Senate. Committee on Rules and Administration
Publisher: Government Printing Office
ISBN: 9780160872570
Size: 58.75 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 ...

American Trade Politics 4th Edition

Publisher: Peterson Institute
ISBN: 9780881325324
Size: 71.59 MB
Format: PDF, ePub
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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.

Streitentscheidung Und Normbildung Durch Den Zivilprozess

Author: Felix Maultzsch
Publisher: Mohr Siebeck
ISBN: 9783161505386
Size: 65.50 MB
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Und drittens wird argumentiert, dass eine verstärkte abstrakte Normbildung durch
die Rechtsprechung in den jeweiligen Lebensbereichen für Rechtssicherheit
sorge, was einen nicht zu unterschätzenden Eigenwert darstelle (III.). /.
Fallbezogenes Entscheiden als Quelle möglicher Verzerrungen 1. „Do cases
make bad law?" Der Fragestellung, ob Fälle „schlechtes Recht" generieren, hat
sich in jüngerer Zeit Schauer eingehend gewidmet und ist zu einer grundsätzlich
bejahenden ...

Political Trials

Author: Ron Christenson
Publisher: Transaction Publishers
ISBN: 1412831261
Size: 26.94 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 ...

The Great City Academy Fraud

Author: Francis Beckett
Publisher: A&C Black
ISBN: 1441152555
Size: 54.87 MB
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This is just one case, and hard cases make bad law. But if Jack's school had not
been closed to make way for a city academy, Jack would probably have finished
his schooling, sat some GCSEs, and be in work, or with a job to go to, today. Of
course, the local authority should have found him a place when the academy
expelled him. They had a legal obligation to do so, and they failed to meet it.
There is no excuse for this, but if they had fulfilled their obligation to him, what