Empirical legal scholars have traditionally modeled
judicial opinion writing by assuming that judges act rationally, seeking to maximize their influence by writing opinions in politically important cases.
This article is so narrowly focused that it would not be very helpful in training externs and clerks in
a judicial opinion writing course.
This would be a good addition for training externs and clerks in
a judicial opinion writing course.
However, in view of the more comprehensive articles and texts on
judicial opinion writing that include this information, this might not be a first choice.
The article is narrow in scope; however, it may prompt an interesting discussion regarding training externs and clerks in
a judicial opinion writing course.
This text could form the foundation of
a judicial opinion writing course, but professors might want to add some articles or excerpts that add to the craft of opinion writing, look at writing from a judge's perspective, and further discuss the audiences for opinions.
While this essay is written for academics, and not for the audiences of
a judicial opinion writing class, it is included because it explains the creation of a second - year lawyering seminar in judicial writing with the goal of exposing law students to the possibilities the role of judicial opinion writing has to affect social - justice.
Excerpts on the decision to publish and whether to issue summary affirmances might be helpful in training externs and clerks in
a judicial opinion writing course to give the students background in some of the decisions judges must make in addition to how to decide cases and write the opinions.
In addition to training externs and clerks, an upper - level class in
judicial opinion writing provides an opportunity for students to hone their skills in writing for a particular audience, structuring and organizing, analyzing, and using rhetorical devices introduced during the first - year writing course through a different type of document.6 Such a course can cause students to look at the legal process from a different perspective and to become better critical readers and users of opinions by writing them.7 Thus, other goals of a
judicial opinion writing course can include learning about the audiences of judicial opinions and the perspective judges bring to their opinion writing.
While this is an excellent reference for all legal writers, the short section on writing judicial opinions does not go into sufficient depth for courses on
judicial opinion writing.
It also addresses the issue of the audience for opinions, making the article appropriate for
judicial opinion writing courses.
The state and federal judiciary have organizations that specialize in training judges, such as the ABA's Appellate Judges Conference8 and the Federal Judicial Center.9 Both of these organizations provide seminars in
judicial opinion writing and have published helpful references.10 The interest in
judicial opinion writing courses in law schools has developed more recently.11 In fact, law professors teaching these courses have used material designed for judges and their law clerks, assigned readings, their own materials, or some combination of these three.
This article does not seem to aid in attaining any of the three stated goals of
a judicial opinion writing course.37 It might provide discussion material for a seminar.
This relatively short theoretical piece, written for all students of the law, asks foundational questions about the purposes of written opinions that will provide context for the three goals of
a judicial opinion writing course and assure the students that learning about writing judicial opinions matters.
The purpose of this annotated Bibliography is to assist professional legal writers in easily locating writing about
judicial opinion writing and deciding what might be useful for them.
This article brings aspects of writing from a judicial perspective and writing for the audience for opinions to
a judicial opinion writing course.
Samuel A. Alito, Jr. et al., Panel Remarks, The Second Conversation with Justice Samuel A. Alito, Jr.: Lawyering and the Craft of
Judicial Opinion Writing, 37 Pepp.
Part I introduces the reader to
the judicial opinion writing process.
This article, aimed at judges, looks at issues of the style and substance of
judicial opinion writing through the lens of judicial ethics.
This is a succinct «how - to» article for training externs and clerks in
a judicial opinion writing course.
This lecture is relevant to the goal of
the judicial opinion writing course to write for judicial opinions» audiences.
Sourcebook, supra n. 7, at 183 (stating that
judicial opinion writing is a recent addition to advanced legal writing courses).
This theoretical, but practical, article is aimed at a judicial audience, but could be profitably used in
a judicial opinion writing course to study writing for the audiences for opinions from a judge's perspective.
Opinion Writing is a classic work by the Honorable Ruggero J. Aldisert, Senior United States Circuit Judge of the United States Court of Appeals for the Third Circuit, and one of the most respected scholars on
judicial opinion writing.
The article would be useful in both
judicial opinion writing courses and seminars.
2006)[hereinafter Sourcebook](giving ideas for
judicial opinion writing course content).
Again, the narrow focus of this article and its age would not make it useful in training externs and clerks in
a judicial opinion writing course.
Not only is it an indispensible reference for chambers, considering its comprehensiveness, readability, and modest price, it is an excellent choice for law school courses on
judicial opinion writing.18 HT, T, Ref; E, C, JS.
In sum, the article is an excellent guidebook for training externs and clerks that will be a helpful addition to
judicial opinion writing courses.
This article is a good choice for
judicial opinion writing courses and seminars.
Likewise, it is too brief to serve as the text of
a judicial opinion writing course.
His thought - provoking argument is fodder for seminars and
judicial opinion writing classes.
Because my focus was on the craft of drafting an opinion primarily for courses on
judicial opinion writing, I leaned toward «how - to» resources.
It would make a useful addition to the training of externs and clerks in
a judicial opinion writing course.
Combining this article with the one in annotation 29, supra, would provide examples and exercises to use in training externs and clerks, alone or in collaborative groups, in
a judicial opinion writing class.
The number of law school courses offered in
judicial opinion writing has increased, 1 along with the total number of elective courses in legal writing.2 The growth of
judicial opinion writing courses, in particular, may be due to the rise in popularity of judicial externships.3 Several schools have added a classroom component to externships in response to rules of the American Association of Law Schools (AALS) 4 and the American Bar Association (ABA).5
Not exact matches
«There is no good cause for further
judicial involvement where the court has now heard directly from Redstone that he has lost trust in Herzer, does not want her in his life and instead wants his daughter Shari to look after him as necessary,» the judge
wrote in an
opinion this morning.
All told, the RECAP Archive now contains about 3.4 million documents from 1.5 million federal district court and bankruptcy cases from 1960 to the present, including all
judicial opinions available via the Written Opinions
opinions available via the
Written OpinionsOpinions Report.
But in keeping with Eugene V. Rostow's characterization of the contemporary Supreme Court as a «vital national seminar,» it is worth noting that the original charge to the Court was only that it render an aye or a nay.44 It quickly began handing down
written opinions also, however, and under Marshall began the practice of trying for a single majority
opinion, which gave «
judicial pronouncements a forceful unity they had formerly lacked.
Both sides will benefit, Democrats would get Downstate (which in my humble
opinion should be called the Commonwealth of New Amsterdam after the most progressive city in Europe and in reference to the city's history), a guaranteed two seats in the US Senate (+1 because Gillibrand did well Upstate in the last election, so 3 seats for the Democrats), guaranteed control of the
Judicial, Legislative, and Executive branches, and the once in a lifetime opportunity to
write a state constitution to their own liking (firearms rights applies only to military and police, right to choose for women, protections for LGBT New Yorkers, etc)
Every legal researcher has come across the phrase in a
judicial opinion, «It is well settled that...,» or, «It is axiomatic that...» In 2014, I
wrote about a prototype legal research website that mined
opinions for instances of these phrases and made them searchable as a way of helping researchers find statements of -LSB-...]
Certain legal
writing «experts» suggest that all citations be placed in footnotes in order to make
judicial opinions more readable for the general public.
# 1 - many of the arguments derived from the language in certain ethical rules could just as easily be leveled against judges who have clerks
write their
judicial opinions and senior partners who have junior associates
write their briefs or law journal articles.
I'm usually able to see both sides of an argument, but here, honestly, I just can not understand the logic of the other side given the pervasive utilization in the legal profession of junior colleagues to
write judicial opinions, briefs, motions, articles, letters, etc. on which senior folks sign off.
But the situation is no different with the courts - judges with a unique
judicial voice, like Judge Richard Posner,
write their own
opinions precisely because they desire a consistent tone across all of their
opinions.
This Bibliography seeks to supply legal
writing professors, students,
judicial law clerks, and judges with a list of resources that will be helpful for both
opinion writing and for those preparing to work with or
write for judges.
The book is a comprehensive legal
writing text for law students that includes a chapter on
judicial opinions.
Justice Gorsuch
wrote or joined two notable
opinions relating to orders, which signaled his hostility toward
judicial deference to administrative agencies.
The chapter not only provides a useful summary of
opinion structure and
writing process, it contains theoretical underpinnings by focusing on the issues of
judicial constraint, candor, and reasoning facing judges.
This article, while not about
opinion writing, does venture into the minds of lay and
judicial decision - makers.