HOW ATYPICAL, HARD CASES MAKE BAD LAW (SEE, E.G., THE LACK OF JUDICIAL RESTRAINT IN WAL-MART, TWOMBLY, AND RICCI).

The article focuses on the bad legal changes made in the laws in reference to the constitutional and non constitutional issues. Topics discussed include establishment of atypical doctrines, threats to the legitimacy of the courts and judicial restraint. It also discusses the tools present for overcoming the judicial restraints and views of law professor Larry Kramer on the fall of judicial restraints.