 Great cases like hard cases make bad law. For great cases are called great, not. by reas'on of their real importance in shaping the law of the future, but because of some accident of immediate overwhelming interest which appeals to the feelings and distorts...  The Green Bag - Page 3301904Full view - About this book
 | United States. Interstate Commerce Commission - 1965 - 882 pages
...Holmes so succinctly said in his dissent in Northern Securities Co. v. United States, 193 US 197, 400 : Great cases, like hard cases, make bad law. For great...immediate overwhelming interest which appeals to the feeliiigs and distorts the judgment. These immediate interests exercise a kind of hydraulic pressure... | |
 | Electronic journals - 1921 - 478 pages
...he dissented from the rule that one big corporation is a combination in restraint of trade. He said: "Great cases like hard cases make bad law. For great cases are called great, not by reason of then- real importance in shaping the law of the future, but because of some accident of 1mmediate overwhelming... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1972 - 980 pages
...Justice Holmes, dissenting in Northern Securities Co. v. United States, 193 US 197, 400-401 (1904): "Great cases like hard cases make bad law. For great cases are called great, not by reason of their 3 With respect to the question of inherent power of the Executive to classify papers, records, and... | |
 | United States. Supreme Court - Judges - 1972 - 60 pages
...that, in his last opinion, he should have quoted Mr. Justice Holmes' protest against making a decision "because of some accident of immediate overwhelming...appeals to the feelings and distorts the judgment." By the same token, the Court must not set a new course, however desirable this might seem in the case... | |
 | Rene Albert Wormser, Rene Wormser - Law - 1972 - 628 pages
...the man who had appointed him. He hinted at the danger of judges' losing their balance because of an "accident of immediate overwhelming interest which...appeals to the feelings and distorts the judgment." It was his opinion that "if the restraint on the freedom of the members of a combination caused by... | |
 | United States. Congress. Senate. Government Operations - 1973 - 1206 pages
...tendered 10 us. CONCLUSION "(GJreai cases are called great." Mr. Justice Holmes said 70 years ago. "not by reason of their real importance in shaping...of some accident of immediate overwhelming interest * * *." \orthem Securities Co. v. United State f, 193 US 197, 400 (1904) (dissenting opinion). The... | |
 | United States. Congress. Senate. Committee on the Judiciary - 1973 - 648 pages
...exigencies of the moment. The passions of the moment, as Mr. Justice Holmes stated, should not be allowed to "exercise a kind of hydraulic pressure which makes...previously was clear seem doubtful, and before which '•ven well settled prilSciple^ of law will bend." Northern Securities Co. v. United Slates, 193 US... | |
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