Lackland H Bloom Jr

Do Great Cases Make Bad Law?

• Broschiertes Buch

Produktbeschreibung

"Great cases like hard cases make bad law" was Justice Holmes' famous aphorism arguing that the pivotal cases attracting Supreme Court attention make for poor bases upon which to construct a general law. 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 1803's pivotal Marbury v. Madison to 2012's Patient Protection and Affordable Care Act case. He 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, and in doing so, synthesizes important analytical scholarship about these cases to form an intricate scholarly understanding of the holistic significance of the Supreme Court's reasoning in American constitutional law.

Produktdetails

• Verlag: Oxford University Press, USA
• Seitenzahl: 454
• Erscheinungstermin: 15. September 2017
• Englisch
• Abmessung: 234mm x 156mm x 26mm
• Gewicht: 689g
• ISBN-13: 9780190840082
• ISBN-10: 0190840080
• Artikelnr.: 48251516

Autorenporträt

Lackland H. Bloom, Jr. is a Professor of Law and Larry and Jane Harlan Senior Research Fellow 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.C. for four years before joining the law faculty at Southern Methodist University. A specialist in constitutional law, he has published numerous articles in the areas of freedom of speech, equal protection of the laws, constitutional interpretation, and the rhetoric of Supreme Court opinions. He served as Administrative Editor of the Michigan Law Review. He is the author of Methods of Interpretation: How the Supreme Court Reads the Constitution (Oxford University Press, 2009).

Inhaltsangabe

Acknowledgments
Introduction
1. Marbury v. Madison
2. McCulloch v. Maryland
3. Gibbons v. Ogden
4. Prigg v. Pennsylvania
5. Scott v. Sandford
6. The Legal Tender Cases
7. The Slaughter-House Cases
8. The Civil Rights Cases
9. Pollack v. Farmers' Loan and Trust Co.
10. NLRB v. Jones and Laughlin Steel Corp.
11. Dennis v. United States
12. Youngstown Sheet and Tube Co. v. Sawyer
13. Brown v. Board of Education
14. The Reapportionment Cases
15. New York Times v. Sullivan
16. Miranda v. Arizona
17. The Pentagon Papers Case
18. Roe and Casey
19. United States v. Nixon
20. Bakke, Grutter and Gratz (and Fisher)
21. Bush v. Gore
22. National Federation of Independent Business v. Sebelius
23. Do Great Cases Make Bad Law?
Index