Category: Competency

Bending the Rules

“Hard cases make bad law” is a tired lifeless legal cliche but it works to describe the Jared Loughner case. Oliver Wendell Holmes, Jr. noted in Northern Securities Co. v. United States: “Great cases like hard cases make bad law. For great cases are called great, not by reason of their importance… but because of some accident of immediate overwhelming interest which appeals to the feelings and distorts the judgment.” Exactly the sentiment which drove the plea bargain in the Loughner case.

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