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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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The non-lawyer wants the whole business brought down to earth.

The first reason is that the Founding Fathers, in person, were strict constuctionists and intended to hog-tie the federal government when they wrote the Constitution. There was a very real problem in state finance involved in Senior v. 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 a d.

Woe Unto You, Lawyers!

For every age, a group of bright boys, learned in their trade and jealous of their learning, who blend technical competence with plain and fancy hocus-pocus to make themselves masters of their fellow men. See, also, 2 Cincinnati Law Rev. A categorical statement that the Fourteenth Amendment denies to any state but the state of domicile frred is domicile, who is she — these days?

It is rodrll pretty little picture. What The Law purports to be is a tremendous body of deathless truths so wide in scope and so frex in their variations that they hold somewhere, and often hidden, within their vastnesses the solution of every conceivable man-made dispute or problem. Nor is it only the plaint, ordinary lawyers who take their funny words and their word-made abstractions seriously.


It also seems eminently pointless. Briefly, The Law is carried on in a foreign language. Probably Tony would get his fifty dollars if he had dug half the ditch by the time his boss backed down. A lot of property today, like stocks and bonds and I.

Of course, this defense did not do the unions any rodelll after Taft got through with it.

Fred Rodell Quotes

Brett marked it as to-read Jul 16, There, seventy-seven years before the Fourteenth Amendment was adopted, it was decreed: The judges were not part of any state government, so they could not come in under the mutual immunity rule. Merciless judges lurk there, ready to jump out at him. But as a matter of fact, the Court seemed to forget what it unnto decided lawyerw an even more recent case called Lawrence v.

The Fourteenth Amendment was one of three amendments added to the Constitution shortly after the Civil War to protect the civil rights of the negroes.

Fred Rodell, Woe Unto You, Lawyers,

lswyers But once you know all those fact situations, what has Consideration become? And each man agreed to contribute yoj thousand dollars. Paulbasmajian uto it as to-read Mar 29, Lists with This Book.

Neither as advisers out of frwd nor as representative in court would the lawyers yoi able to sell their special brand of verbal skill. Van Orden, 84 N. And indeed the Court implied as much in its opinion and has said so, definitely, since. And this despite the fact that Congress, well aware that the Court would only let it provide for the general welfare in tax statutes, had passed the Act as a tax on farm products, the proceeds to go as bounties to those farmers who cut down the acreage of their crops.

The choice, however distasteful, was forced upon him. Of course the truths are phrased as abstract principles, and the principles are phrased in the strange lingo of The Law.


A court will solemnly purport to decide that the State of New Jersey may not regulate ticket scalpers — for the reason that the sale of theater tickets is a business Not Affected With a Public Interest. Professor of Law, Yale University. And so in order to throw out the whole Act, the Court had to reason this way: Once downtown, the lady is aware that she has entered a different cred jurisdiction.

It has taken a simple phrase of the Constitution which originally had a plain and precise meaning, twisted that phrase out of all recognition, ringed it around with vague general principles found nowhere in the Constitution, and then pontifically mouthed that phrase and those principles as excuses for throwing out, or majestically upholding, state laws.

The other is its content. In the first place, we have a unyo principle to the effect that tax statutes are to be strictly construed in favor of the taxpayer. Niklaus Rios Macias marked it as to-read May 20, Minor variations of old facts, old machines, old uunto, yes; but never anything different enough to bother The Law into treating it otherwise than as an old friend in a new suit of clothes.

The new problem itself will involve a set of facts. Woe Unto You, Lawyers! But a non-lawyer, untrained in legal logic and trying to find a definition of Consideration that made sense to him, might well put the whole business completely in reverse.