Easy Cases Making Bad Law PDF Download

Author: Michael Connolly
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Author: Michael Connolly
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Author: MICHAEL. CONNOLLY
Publisher: Routledge
ISBN: 9780367586232
Category :
Languages : en
Pages : 0

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This book examines these cases from the perspective of statutory interpretation, the judge's primary function. The scrutiny finds the judgments technically flawed, overcomplicated, excessively long, and often unduly restrictive. As such, this book explains how the cases should have been resolved .

Author: William Buss
Publisher:
ISBN:
Category : Due process of law
Languages : en
Pages : 0

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Author: Lackland H. Bloom, Jr.
Publisher: Oxford University Press
ISBN: 0199366896
Category : Law
Languages : en
Pages : 466

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Book Description
"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.

Author: Lackland H. Bloom (Jr.)
Publisher: Oxford University Press, USA
ISBN: 019976588X
Category : Law
Languages : en
Pages : 466

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Justice Holmes proclaimed that 'great cases, like hard cases make bad law'. He explained that this was so because the 'hydraulic pressures' of the great case tend to distort the judgements of the justices. 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. More particularly, the book discusses the impact that the greatness of the case may have had on its presentation to the Court, the Court's deliberations, the decision, the opinion and the law that was created.

Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author: Michael Connolly
Publisher:
ISBN: 9780414046061
Category : Discrimination
Languages : en
Pages : 0

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Book Description
This text provides in-depth and accessible guidance on discrimination law. It covers the UK and EU with comparisons to the US, Canada and Australia, and analyses the different theories and definitions of what is classed as discrimination.

Author: Mark K. Moller
Publisher: Cato Institute
ISBN: 1933995084
Category : Law
Languages : en
Pages : 384

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Book Description
Once again, the Cato Supreme Court Review will analyze the most notable cases from the most recent term.

Author: George P. Fletcher
Publisher: Oxford University Press, USA
ISBN: 0195098323
Category : Philosophy
Languages : en
Pages : 224

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Book Description
This book is an important contribution to the public debate on morality, politics, and the law, and is unique in its exploration of loyalty and its role in our personal and national identity.