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Full-Text Articles in Law
Generating Law: Learning How To Take Care Of What One Has Started, Thomas D. Eisele
Generating Law: Learning How To Take Care Of What One Has Started, Thomas D. Eisele
Faculty Articles and Other Publications
In this chapter from Living In A Law Transformed: Encounters With The Works Of James Boyd White, Professor Eisele discusses the inspiration provided him by White's writing.
The Changing Discourse Of The Supreme Court, Stephen M. Johnson
The Changing Discourse Of The Supreme Court, Stephen M. Johnson
The University of New Hampshire Law Review
[Excerpt] “Academics, judges, and other commentators complain that, for the past few decades, the Justices on the Supreme Court have been increasingly writing opinions that are unreadable for most American citizens. Those critics complain that the opinions are too long and too complex, riddled with incomprehensible multi-part tests. They also attack the style of the opinions and assert that recent opinions are more likely to be written in a technocratic, rather than persuasive, style.
There seems to be little consensus among the critics regarding why the Justices are writing opinions that are increasingly unreadable. Some attribute it to the increasing …