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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Fred Rodell, Woe Unto You, Lawyers,
It was no accident. Accordingly we must ascertain for ourselves upon what it was laid. For most of Constitutional law as applied to state statutes, and as laid down by the Rpdell Court, revolves around that little phrase. It is equally true of every so-called concept in the Law.
And according to the legal legend, it is neither constitutions nor statutes which finally determine the rules under which men live.
Federal regulation of llawyers. Published December 28th by Fred B. If Tony and his boss should ever get into court over the undug ditch, The Law of the case would be solemnly stated like this: And so, for pawyers matter, are all the Corcorans and Cohens and Thurman Arnolds and the rest, whose chief value to the New Deal lies not in their political views nor even in their administrative ability but rather in their adeptness at manipulating the words of The Law so as to make things sound perfectly proper which other lawyers, by manipulating different words in a different way, maintain are terribly improper.
But Congress, foreseeing some such subterfuge from the start, had written into the estate tax law, in legal but comparatively comprehensible language, a special provision.
Jerome Hall, Book Review:Woe Unto You, Lawyers! Fred Rodell – PhilPapers
The choice, however distasteful, was forced upon him. He — through his lawyer, naturally — claimed the Constitution protected his hundred-odd dollars, took the case to court, and got licked — so far. All the thousands of rules and regulations and orders, little laws every one of them, that are formulated day after day by every branch of the government — by the commissions, like the Interstate Commerce Commission and the Federal Trade Commission, by the departments, soe ten of them, and by the branches and bureaus of the departments, like the Patent Office and the Coast Yiu and the rest — all these rules and regulations would lawyegs to be passed by Congress itself.
Laws such as these, said the Court, deprive people of liberty without due process of law. Hazard – – Stanford University Press.
Van Orden, 84 N. Ohio is trying to tax some of the profits Max Senior made out of his stake in that land.
There are, for instance, as few people are aware, rodepl words anywhere in the Constitution protecting freedom of speech, freedom of the press, freedom of religion, or freedom of assembly against infringement by the states. Of course the truths are phrased as abstract principles, and the principles are phrased in the strange lingo of The Law.
Much of the language of the law is built out of perfectly respectable English words which have been given a queer and different and exclusively legal meaning. Practically all the cases that reach the Supreme Court — and reaching the Supreme Court often means going through three or four lower courts in turn, over a period of years — are of one of three kinds.
The difficulty would lie in deciding beforehand what to do and what not to do, in accordance with the inexorable rules of her personal Law. Trefry, which allowed an income tax very much like the tax on Max Senior, was, even though older, more lawgers the point than all the inheritance tax and property tax cases the Court named. Railway workers were doubtless interested to learn that the Congressional outlawing of yellow dog contracts — contracts forbidding membership in a labor union — uou the railroad companies of liberty and property without due process of law.
Quotations Poetry Trivia Links. 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. Abel – – Oup Usa. Braden than in most, simply because the manipulation of legal lingo and logic was more inept and clumsy than usual. Apparently what the Court did was simply to take the dare — despite the fact that there was not so much as a shadow of even a legal excuse for throwing out that part of the tax that applied to Ohio land.
A court will solemnly purport to decide that the federal government may not supervise wages in the coal industry — on the ground that those wages have only an Indirect Effect on Interstate Commerce; and then the lawyer court will solemnly purport to decide that the federal government may force a steel company to deal with a union — on the ground that steel wages have a Direct Effect on Interstate Commerce.
Lawyers in the Dock: Because of the general principle that the federal government is a government of limited powers strict constructionbecause of the Founding Fathers yes? The opinon accepted and followed rorell doctrine of Blackstone v. The denial of what seems desirable can impart a sense of nobility which makes the denial proper — and she will indeed feel noble if she gets right up. They are not joined with it in management.
Woe Unto You, Lawyers!
The fact that various state courts have interpreted identical words in their state death tax statutes so as to cover the type of transfer here at issue the state courts had, almost unanimously is not controlling upon us the Supreme Court. Each, moreover, would be buttressed with sub-principles and sub-sub-principles which might come in handy in making certain sorts of decisions.
Constitutional law is something else again. The thing he has to sell is The Law. There are, first, the otherwise ordinary law cases which happen to involve people or companies from different states. To get back to the real problem, which is what does Max Senior own anyway, somebody else once asked us to decide, as a general principle, whether a man who makes money, out of property that is being kept and managed for him, owns only the right to get money, or whether he sort of owns some of the property.
State Tax Commission — although the Lawrence case was actually mentioned in the opinion, in another connection. For every age, a pseudo-intellectual autocracy, guarding the tricks of the trade from the uninitiated, and running, after its own pattern, the civilization of its day. Lists with This Book.
Want to Read Currently Reading Read. Sung Mook marked it as to-read Sep 04, Or a New York newspaper publishes a libelous story about a Virginia gentleman and the gentleman prefers lawyers to pistols. It is the lawyers who run our civilization for us — lawyfrs governments, our business, our private lives.
So in the whole of The Law.