Do Great Cases Make Bad Law?
Do Great Cases Make Bad Law?
- ISBN 13:
9780199765881
- ISBN 10:
019976588X
- Format: Hardcover
- Copyright: 03/11/2014
- Publisher: Oxford University Press
- Newer Edition
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Summary
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.