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2011

Cohen v. U.S.

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Cohen: Hard Case Makes (Semi) Bad Law, Steve R. Johnson Oct 2011

Cohen: Hard Case Makes (Semi) Bad Law, Steve R. Johnson

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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.

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