MISRULE OF LAW

A Chronicle of Legal & Judicial Mischief

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Day: December 30, 2015

Easy Cases Can Make Bad Law, Too

Justice Oliver Wendell Holmes famously remarked that “hard cases make bad law,” but sometimes easy cases also produce bad decisions. Kelo v. City of New London, 545 U.S. 469 (2005) is a perfect example. In his recent book, The Grasping Hand (2015), George Mason University law professor Ilya S…

“Public Use” Means Public Use

“Nor shall private property be taken for public use, without just compensation.” U.S. Constitution, Amendment V Justice Oliver Wendell Holmes coined many pithy aphorisms, including the frequently-cited cliché that “hard cases make bad law.” Sometimes this may be true, but in reality