Journals Higher Education



Published: 12 October 2017

454 Pages


ISBN: 9780190840082

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Do Great Cases Make Bad Law?

Lackland H. Bloom, Jr.

  • Lackland H. Bloom, Jr. tests Justice Holmes' famous aphorism "Great cases like hard cases make bad law"
  • Challenges Holmes opinion that the pivotal cases attracting Supreme Court attention make for poor bases upon which to construct a general law
  • Analyzes in detail the history of the Supreme Court's great cases, from 1803's pivotal Marbury v. Madison to 2012's Patient Protection and Affordable Care Act case
  • Defines and applies an analytical model for assessing the impact of each case
  • Offers a detailed analysis of the Supreme Court's opinions in each great case
  • Provides a detailed explanation of the context of each case
  • Unveils detailed and comprehensive conclusions as to how the greatness of a case did or did not affect the presentation, deliberation, decision, and opinion in light of the law created by that case

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