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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, 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.
Inside the Supreme Court's Toolbox: How the Court has Explained Its
Decisions examines the various methodologies the Supreme Court, and
individual justices, have employed throughout history when
interpreting the Constitution. Rather than attempting to set forth
an overall theory of constitutional interpretation or plunge into
the never ending scholarly debate over interpretative theory,
Lackland H. Bloom focuses exclusively on what the Court and
individual justices have done and said about constitutional
interpretation in the course of deciding constitutional cases. He
identifies many of the best, and a few of the worst, examples of
particular interpretative methodologies, as well as the best
examples of explicit discussions of constitutional interpretation
by the Court and individual justices. Professor Bloom pays
particular focus on the Supreme Court's approaches to
constitutional interpretation since it is the Court that sets the
standards. Although commentators may have the final word on what
constitutional interpretation should be, he argues that the Court
essentially has the final word on what it actually is.
"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. Lackland
H. Bloom, Jr. tests Justice Holmes' dictum in Do Great Cases Make
Bad Law? He analyzes 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.
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