ABA Section of Taxation News Quarterly, p. 12, Fall 2011
3 Pages Posted: 29 Oct 2011
Date Written: October 28, 2011
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: 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