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Full-Text Articles in Law
Judicial Draftmanship, Charles A. Beardsley
Judicial Draftmanship, Charles A. Beardsley
Washington Law Review
Nine years ago, when I was president of the American Bar Association, I said out loud what members of the bar had long been whispering throughout the country—I said that the judges of our appellate courts were casting an all but unbearable financial burden upon the lawyers, by steadily and unnecessarily increasing the length of their opinions—printed copies of which opinions the lawyers must buy and store, if they are to continue to practice law I did not then refer to any specific opinion, but I did point out that, on the average, the opinions are about six times as …
The Federal Discovery Practice Should Be Adopted By All States, Philip S. Van Cise
The Federal Discovery Practice Should Be Adopted By All States, Philip S. Van Cise
Washington Law Review
In September, 1938 new rules of procedure were adopted in the federal courts. Since then many of the states have abandoned their old codes and in the main followed the new federal procedure. If the only advantages were that lawyers, in the states which have adopted the new rules, can practice confidently in both courts, that would be sufficient justification for the change. But when we add to that the results that pleadings have been simplified, motion days largely dispensed with, trial dates expedited, facts laid on the table and not concealed until trial, contested cases shortened, and a large …