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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Smith – – Law and Philosophy 9 1: Whenever a lawyer appears before the Supreme Court and rosell the Court to declare a state statute unconstitutional, the chances are better than ten to one that he is basing his plea on the Fourteenth Amendment to the Constitution.

Of course, this defense did not do the unions any good after Taft got through with it. And so, at long last, appears the question to which the Supreme Court devoted almost its entire opinion in Senior v.

The denial of what seems desirable can impart a sense untp nobility which makes the denial proper — and she will indeed feel noble if she gets right up.

Woe Unto You, Lawyers! by Fred Rodell

It was on a line of so-called reasoning of this sort, only more extreme, that the Supreme Court threw out the original Agricultural Adjustment Act. The University of Chicago Press, Braden was not, of course, chosen at random. The American colonists had rodelll freed themselves from the nuisances of The Law by practically ostracizing the oyu lawyers out of their communities — a fact which is little appreciated — when a new and home-made crop of lawyers sprang up to take over the affairs of the baby nation.

He deals, he will tell you, in propositions, concepts, fundamental principles — in short, in ideas. The local tax-collectors — one of whom, incidentally, was named Braden — tried to get one hundred-odd dollars out of Max. Instead, the Court looked back to an old Supreme Court case of almost 20 years before, in order to find a general principle. In the Middle Ages, there were the priests. Paulbasmajian marked it as to-read Mar 29, Kenneth marked it as to-read May 17, For if we allowed such taxes, one of our governments might insidiously destroy the other.


It can be ignored; it is no good; it is unconstitutional. Therefore, we do not believe Congress meant what it said when it said to let the constitutional part stand.

So, in order to make any sense at all out of Senior v. And what the judges order is The Law. Meticulously trained in the mumbo-jumbo of legal concepts, subjected to it every minute of their working lives, the law boys passionately believe in the words they have learned to use.

Most legislators are lawyers; they make our laws. Be the first to ask a question about Woe Unto You, Lawyers! Federal regulation of farmers. This possibility was never more strikingly illustrated than when, less than a year after the Court called a New York minimum wage law for women unconstitutional, it called a Washington state minimum wage law for women constitutional — all because one man, Justice Roberts, voted on the other side.

The fraud may have been more obvious lxwyers Senior v. Law in action does, after all, amount to the application of rules to human conduct; and rules may be said to be, inevitably, abstractions themselves.

There is a general principle that businesses affected with a public interest may, by and large, be regulated but that to regulate a business not so affected is yok d. The lawyers who knew governors — or who knew presidents — or who knew enough ward-leaders where judges are elected — bring The Law down to earth in all sorts of different and conflicting ways.

Fred Rodell Quotes

The changes are almost as good that he is basing his plea on one little clause out of one of the five sections of that longest of all the amendments. Now as everybody knows, a property tax is universally considered to be a tax measured by the value of the property and collected every year whether the owner makes profits out of the property or not.

For, despite what the lawyers say, it is possible to talk about legal principles and legal reasoning in everyday unho language. Rodelll this same rare member of the profession will probably go on to defend the vast vocabulary of The Law — the Considerations and Malices and Domiciles and all the rest — on the theory that it provides at least a sort of legal shorthand, a convenient lawyegs in which lawyers can talk to each other about their trade.


The Court just made this up all by itself.

Woe Unto You, Lawyers!

Not unreasonable until you learn that Congress, foreseeing what the Supreme Court might do with part of the Act, had taken particular pains to write very clearly into the Act that if part of it should be held unconstitutional, the rest of it should go into effect anyway. Aaron Dalton rated it it was amazing Jul 26, Request removal from index. Braden than in most, simply because the manipulation of legal lingo and logic was more inept and clumsy than usual. And how can they tell; how do they decide?

As though, in any case, any abstract legal phrase could conceivably contain the right key — or any key — to the solution of a concrete social or political or human problem.

The Genesis of the Legal Profession.

When I was mulling over the notion of writing this book, I outlined my ideas about the book, and about the law, to a lawyer who is not only able but also extraordinarily lawyees and perceptive about his profession. They know perfectly well that they will never be able to grasp most of the ideas that are allegedly being conveyed. Now, many people thought the A.

What did that little clause of the Fourteenth Amendment, since inflated by the Supreme Court to tremendous significance, originally mean? A man who will discourse at length about the latest cure for streptococci infection or describe in detail his allergic symptoms cannot begin to tell you what happened to him legally — and plenty did — when he got married.

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