Cohen: Hard Case Makes (Semi) Bad Law
Steve R. Johnson
Florida State University - College of Law
October 28, 2011
ABA Section of Taxation News Quarterly, p. 12, Fall 2011
FSU College of Law, Public Law Research Paper No. 560
The first Justice Harlan famously cautioned that hard cases can lead to bad law. United States v. Clark, 96 U.S. 37, 49 (1878) (dissenting opinion). This aphorism captures the reality that, when confronted with litigating equities strongly favoring one party, judges tend to massage doctrine as necessary to support judgment for that party.
Number of Pages in PDF File: 3Accepted Paper Series
Date posted: October 29, 2011
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