Document Type
Article
Publication Date
Fall 2011
Publication Title
NewsQuarterly
Publication Title (Abbreviation)
NewsQuarterly
Volume
31
First Page
12
Last Page
14
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 to support judgment for that party.
Rights
Text © 2011 Steve R. Johnson
Faculty Biography
http://www.law.fsu.edu/our-faculty/profiles/johnson
Recommended Citation
Steve R. Johnson,
Cohen: Hard Case Makes (Semi) Bad Law, 31
NewsQuarterly
12
(2011),
Available at: https://ir.law.fsu.edu/articles/247
COinS
Comments
First published in the ABA Section of Taxation NewsQuarterly.