Cohen: Hard Case Makes (Semi) Bad Law

ABA Section of Taxation News Quarterly, p. 12, Fall 2011

FSU College of Law, Public Law Research Paper No. 560

3 Pages Posted: 29 Oct 2011  

Steve R. Johnson

Florida State University - College of Law

Date Written: October 28, 2011

Abstract

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.

Suggested Citation

Johnson, Steve R., Cohen: Hard Case Makes (Semi) Bad Law (October 28, 2011). ABA Section of Taxation News Quarterly, p. 12, Fall 2011; FSU College of Law, Public Law Research Paper No. 560. Available at SSRN: https://ssrn.com/abstract=1950764

Steve R. Johnson (Contact Author)

Florida State University - College of Law ( email )

425 W. Jefferson Street
Room R210
Tallahassee, FL 32306
United States
850-644-1777 (Phone)

HOME PAGE: http://www.law.fsu.edu/faculty/sjohnson.html

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