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Full-Text Articles in Law
Writing From A Legal Perspective By George D. Gopen, Douglas E. Abrams, Jay Wishingrad
Writing From A Legal Perspective By George D. Gopen, Douglas E. Abrams, Jay Wishingrad
Faculty Publications
Criticism of legal writing has come with increasing frequency and stridency in recent years from lawyers and nonlawyers alike. Judges have criticized the writing of advocates, and lawyers have complained about the writing of judges and other lawyers. Law professors have bemoaned both their students' inability to write the King's English5 *1062 and their own tendency to write ‘unintelligible gibberish.’ And all law school graduates have been pilloried by a general public that has grown increasingly resentful of the unnecessary complexity of ‘legalese.
Slouching Toward Bethlehem With The Ninth Amendment, William W. Van Alstyne
Slouching Toward Bethlehem With The Ninth Amendment, William W. Van Alstyne
Faculty Publications
This review discusses Charles Black’s work “Decision According to Law”, which examines the tendency and the means used by activist judges to provide fair decisions through the use of more flexible principles of Constitutional law. While Black’s writing style is both informative and powerful, his original thesis regarding the Ninth Amendment acting as Congressional endorsement of the courts’ activist role is uncompelling and poorly supported.