Anticanon
 | The examples and perspective in this article deal primarily with the United States and do not represent a worldwide view of the subject. (March 2022) |
An anticanon is a legal text that is now viewed as wrongly reasoned or decided.[1][2]
In the United States
The anticanon in U.S. common law is a small set of U.S. Supreme Court judgements that have subsequently become widely considered to have been grievously mistaken.[3][4][5][6][7]
These cases are:[3]
- Dred Scott v. Sandford (1857)
- Plessy v. Ferguson (1896)
- Lochner v. New York (1905)
- Insular Cases (1901)
- Buck v. Bell (1921)
- Korematsu v. United States (1944)
Other cases that have been denounced to significant but lesser extents include:
- Chisholm v. Georgia (1793)
- Johnson v. M'Intosh (1823)
- Prigg v. Pennsylvania (1842)
- Bradwell v. Illinois (1873)
- Civil Rights Cases (1875)
- Minor v. Happersett (1875)
- Pollock v. Farmers' Loan & Trust Co. (1895)
- Giles v. Harris (1903)
- Lone Wolf v. Hitchcock (1903)
- Muller v. Oregon (1908)
- Hammer v. Dagenhart (1918)
- Adkins v. Children's Hospital (1923)
- Lum v. Rice (1927)
- Buck v. Bell (1927)
- Wickard v. Filburn (1942)
- Goesaert v. Cleary (1948)
- Dennis v. United States (1951)
- Hoyt v. Florida (1961)
- Pierson v. Ray (1967)
- Milliken v. Bradley (1974)
- Brewer v. Williams (1977)
- Bowers v. Hardwick (1986)
- Bush v. Gore (2000)
- Kelo v. City of New London (2005)
- Roe v. Wade (1973)
- Dobbs v. Jackson Women's Health Organization (2022)
References
- ^ Luxembourg, Université du. "Lunchtime seminar: Instant Anticanon: The UN mass tort litigation memos". University of Luxembourg.
- ^ Greene, Jamal (December 2011). "The Anti-Canon". Harvard Law Review. 125 (2): 404.
This discussion raises the question of whether other constitutional systems have their own "anticanons." That question exceeds this Article's scope, but two possible examples come to mind.
- ^ a b Greene, Jamal (December 20, 2011). "The Anticanon". Harvard Law Review. Retrieved 18 February 2019.
- ^ Lam, Charles (February 17, 2019). "What we can learn from Fred Korematsu, 75 years after the Supreme Court ruled against him". NBC News. Retrieved 18 February 2019.
- ^ Amar, Akhil (2011). "Plessy v. Ferguson and the Anti-Canon". Pepperdine Law Review. 39 (1): 75–90. hdl:20.500.13051/3125.
- ^ Graber, Mark A. (2011). "Hollow Hopes and Exaggerated Fears: the Canon/Anticanon in Context". Harvard Law Review Forum. 125 (2).
- ^ Levinson, Sanford (2011). "Is Dred Scott Really the Worst Opinion of All Time? Why Prigg Is Worse Than Dred Scott (But Is Likely to Stay Out of the "Anticanon")". Harvard Law Review Forum. 125 (2).
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