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.
|Published (Last):||7 April 2004|
|PDF File Size:||18.27 Mb|
|ePub File Size:||16.63 Mb|
|Price:||Free* [*Free Regsitration Required]|
Woe Unto You, Lawyers!
To say that Wagner Labor Act was held valid because five out of the nine judges on the Supreme Court approved of it personally, or because they thought it wiser policy to uphold it than to risk further presidential agitation for a change in the membership of the Court — to say this is certainly not to explain The Law of the case.
But as a matter of fact, the Court seemed to forget what it had decided in an even more recent case called Lawrence v. A categorical statement that the Fourteenth Amendment denies to any state but the state of domicile what is domicile, who is she — these days? Young, Trustee, N. That lets out all the commissions and the departments and the rest, and doubtless lets Congress breathe a lot easier. Then, too, every lawyer is just about the same as every other lawyer.
Thus the lady, after careful consideration of the question whether to give her hairdresser a generous tip or merely an adequate tip, finds the solution in the principle that what other people believe to be proper is desirable, especially when outside the home jurisdiction.
Actually however, The Law time after time finds Consideration in an extremely unfair bargain — and fails to find Consideration where the proposition looks relatively fair. A man who will not hesitate to criticize or disagree with a trained economist or an expert in any one of a dozen fields of fodell will follow, unquestioning and meek, whatever advice his lawyer gives him. It is the lawyers who run our civilization for us — our governments, our business, our private lives. Sign in Create an account.
It requires concentration and memory and some analytic ability, and for those who become proficient it can be a stimulating intellectual game. Dooley once put it, that a statute which reads like a stone wall to the lawman becomes, for the qoe lawyer, a triumphal arch.
Should Ohio then look to another kind of tax to make up the lost revenue? If the thing here sought to be subjected to taxation is really an interest in land, then by concession the proposed tax is not permissible. Its members are kowtowed to as the cream of the legal profession, steeped not only in the technicalities of legal logic but in the wondrous ways of abstract justice as well. A Tale of Woe? It is that Congress may delegate to other people the power to fill in the details of a law, but not the power really to make a law.
Therefore it is a property tax. State Tax Commission U.
Yet it is not necessary to go into semantics to show that it is a very silly little picture. Kirby rated it really liked it Sep 04, Should she turn her hot shower cold before she gets out?
He deals, he will tell you, in propositions, concepts, fundamental principles — in short, in ideas. If people could be made to realize how much of the vaunted majesty of The Law is a hoax and how many of the mighty processes of The Law are merely logical legerdemain, they would not long let the lasyers lead them around by the nose.
But plenty of long words and solemn-spoken principles of Law gave this circular reasoning an air of great depth and respectability. From the wow of the state governments, the problem is simply: Open Yoi See a Problem?
Dealing in long, vague, fuzzy-meaning words is even more dangerous business, and most of the words The Law deals in are long and vague and fuzzy. Bayard, 7 Paige N. Women who worked in Washington, D.
Jerome Hall, Book Review:Woe Unto You, Lawyers! Fred Rodell – PhilPapers
The lawyer cannot bring it down to earth rorell, in so doing, leaving The Law entirely out of it. Sonia Kruks – – Critical Review 2 4: Davis, when he exhorts a court in the name of God and Justice and the Constitution — and, incidentally, for a fee — not to let the federal government regulate holding companies, is playing the racket for all it is worth. Thus, a common-or-garden digging of a ditch can be dignified by The Law into an Acceptance, a Consideration, and a Performance, all at the same time.
It is in the form of sub-principle or exception to the primary principle. That set of facts will look something like other sets of facts about which the courts have intoned Consideration.