They learn to
read judicial opinions, analyze the law, and then apply the law to a set of facts.
A precious few scholars
read judicial opinions from first word to last; and apparently no one is reading law review articles any longer.
Application: Voice as Index of Deeper Structures of Meaning V. Conclusion I. Introduction When
we read a judicial opinion, does it «sound» in a distinctive and recognizable way?
In addition, Blawg Review # 69 also hits a couple of other topics like how to determine reasonableness in sentencing law and Orin Kerr's must - read, soon - to - be-classic advice on How to
Read A Judicial Opinion: A Guide for New Law Students.
Those words, written in 1962, still ring true today, as any law student
reading judicial opinions and any judge reading lawyers» motions and briefs can attest.
Not exact matches
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 thes
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 thes
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 thes
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.
& Process 147 (2015); Kirsten K. Davis, The Rhetoric of Accommodation: Considering the Language of Work - Family Discourse, 4 U. St. Thomas L.J. 530 (2007); Linda H. Edwards,
Readings in Persuasion: Briefs that Changed the World (2012); Carol McCrehan Parker, The Perfect Storm, the Perfect Culprit: How a Metaphor of Fate Figures in
Judicial Opinions, 43 McGeorge L. Rev. 323 (2012).
And I don't mean that we can't
read statutes,
judicial opinions, or briefs or represent clients based on all of this information, but the volume of the information being generated by lawyers, judges, legislators, etc. can no longer be found, digested, disseminated, or understood without software and algorithms.
If I were a cynical person I might suspect that this is one of the more pointed and cynical
opinions that the SCC has delivered, there being, such a person might argue, a sharp irony in the hoisting of Mr. Harper the
judicial conservative by a very literal
reading of the statute.
It explains what
judicial opinions are, how they are structured, and what you should look for when you
read them.
Since I started practicing law, though, I've never
read a fully justified brief or
judicial opinion that contained hyphenation (other than United States Supreme Court
opinions).
For such judges, the words in their orders and
judicial opinions are to be
read as the most omniscient of narratives, like pronouncements from Mount Olympus itself.
You decide which version of this
judicial opinion a living, breathing, human being would want to
read:
In his extensive post on Jottings by an Employer's Lawyer, Fox recommends
reading the Court's 36 - page
opinion, which «thoroughly... reviews the history of legislation designed to protect the employment rights of those serving in the uniformed services, along with its
judicial construction.
Students will also practice basic lawyering skills to provide a taste of what they would do in law school or as lawyers, including
reading and interpreting constitutional provisions, statutes, or regulations,
reading and understanding
judicial opinions, and mapping out and making basic forms of legal arguments.
I'm a strong believer in assigning
readings other than
judicial opinions.
Most law instructors advise law students to
read the entirety of a
judicial opinion, but is there any research or studies that have examined this question?
I must have
read too many Judge Posner
opinions before starting my
judicial clerkship for a judge serving on the U.S. Court of Appeals for the Third Circuit, because early on I added into a draft
opinion a passage that would have ordered an attorney to show cause for violating an important rule.
If a judge could be certain that her
opinion would be
read from the screen and only as transformed by Lexis or Westlaw there would, I think, be a decent argument for placing
judicial citations in footnotes.
Judicial opinions and scholarly commentary will be assigned as supplementary
readings.