9 Then came “Woe Unto You,. Lawyers!”. Rodell knew that it would make every lawyer bristle or snort. ‘By FRED RODELL, Professor of Law, Yale University. Here’s a book you don’t have to buy; the entire text is here, in glorious HTML. It’s Fred Rodell’s “lusty, gusty attack on ‘The Law’ as a curious. This Book Reviews is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for Leo Herzel, Rodell: Woe unto You, Lawyers!, 7 DePaul L. Rev. () You, Lawyers! By FRED RODELL.
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Aug 16, Tommy rated it really liked it. The rodsll which that last bunch of judges gives to that problem is The Law so far as that problem is concerned — even though every other lawyer in the world might suppose The Law was different. But then, if this principle were regularly followed, there would not be much use for any of the other principles.
In thus reconciling a conflict between two apparently irreconcilable principles, the lady has displayed her mastery of the legal process. If Tony and his boss should ever get into court over the undug ditch, The Law of the case would jnto solemnly stated like this: He would literally umto less of what was going on than would any passer-by brought in from the street at random.
Our concern is with realities, not nomenclature. And according to the legal legend, it is neither constitutions nor statutes which finally determine the rules under which men live. Then the lady remembers that she has an appointment with her hairdresser that morning.
,awyers Thus, the reasoning of the Court in Senior v. There is, for instance, the provision that the United States shall not grant titles of nobility.
The local tax-collectors — one of whom, incidentally, was named Braden — tried to get one hundred-odd dollars out of Max. This is what we — meaning the nine lawyers who then made up the Supreme Court, most of them now being dead — had to say: The other is that Congress may not regulate anything that affects interstate commerce only indirectly. Therefore any state can slap on a tax when a man dies and leaves his federal bonds to his wife.
Because that power is granted very specifically and plainly, many of the most important federal statutes are fashioned around it. The Constitution is what the judges say it is, every time.
At any rate, someone offered a hundred dollars for it and got it. The fraud may yok been more obvious in Senior v. By yoh use of these concepts, the lawyers bewilder the non-legal world and, too often, themselves, into supposing The Law and its rulings are scientific, logical, foreordained. If he had held shares of stock he would have been nothing but a stockholder. And so she gets up.
Then too, the law schools would be forced to close their doors — or else to turn themselves into schools of practical government or business administration.
A court will solemnly purport to decide whether Tony is going to be paid for digging a ditch — on the basis of whether there was Consideration to support a Contract, just as though uhto idea of Consideration contained within itself, like a command from God, the right answer or any answer.
The first reason is that the Founding Fathers, in person, were strict constuctionists and intended to rovell the federal government when they wrote the Constitution. The problem of Brown v. Legal rodwll, thrown out of the new courtrooms or commission chambers, would serve no possible function in the wording of business documents. But that is not our idea of a proper way of doing things. It is a brooding omnipresence in the sky — which means that it is a big balloon, which has thus far escaped the lethal pin.
For all The Law knows, the two men may have been lost in the middle of a desert and the cigarette their last smoke, or the cigarette may have belonged to Franklin Roosevelt or may have been autographed by Babe Ruth.
Kyle marked wo as to-read Jul 12, But it is the very keystone of the whole structure of legal mythology to insist that all earthly problems can and lxwyers be solved by reference to this great body of unearthly abstractions — or, in short, that they can and must be solved by the lawyers.
The Court, however, seemed to say that the principles of Maguire v. Jack marked it as to-read Jul 11, The problem remains unsettled. The point yoy that, so uhto, the principles and the reasoning and the whole solemn business of The Law come to look downright silly.
Should she bother to brush her teeth? But even when the nine master jugglers are working at their smoothest, it requires only a trained eye to see that those weighty thoughts they seem to be tossing around are in reality no more than balloons, full of hot air and easily punctured. Not, of course, because she wants to keep an appointment with her hairdresser. It is equally true of every so-called concept in the Law.
The Lawyers’ frex is a trade built entirely on words.
Joel marked it as to-read Sep 02, Furthermore, in most of these cases, the Court knto handicapped — although by a rule of its own making — in being bound to follow The Law as laid down by the state courts in previous similar cases.
Since it is a property tax it is a tax on what Max Senior owns.
How tell, then, which free speech is good and which is bad, under the Constitution? It would not, then, seem too unreasonable for any citizen to suppose that the decrees of these solons must of course be as impregnable to criticism or ridicule as man-made decrees can ever be.
The practical men in charge of dispensing justice would neither understand nor be interested in the abstract principles of The Law. Or have they, perhaps, been cut out of the same old legal cheese-cloth — abstract concepts, ambiguous words, and ambidextrous principles?
To the non-lawyer, legal language is, as mentioned before, to all intents and purposes a foreign tongue. Jeff Ford marked it as to-read Jan 20, But in the early days of the nation, it was supposed — and with some reason — that any state court, disposing of a dispute between a local litigant and a resident of another state, might tend to favor the home boy and give the stranger a raw deal.
Its powers are enormous. She would be bothered about doing the right thing, making the right decision, but since she would be her own Supreme Court, anything she did would be right — after she did it. The Fourteenth Amendment was one of three amendments added to the Constitution shortly after the Civil War to protect the civil rights of the negroes.
The first of its five sections included the command, presumably intended to prevent persecution of the ex-slaves: A lot of property today, like stocks and bonds and I.