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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Yet it happens that seals were rodelll used on contracts as Xs might be used today — as substitutes rpdell the signatures of those who could not sign alwyers names. The strict construction boys say it means that Congress can collect taxes, etc. If people could be made to realize how much of the vaunted majesty of The Law is a hoax and how many of the mighty processes of The Law are merely logical legerdemain, they would not long let the lawyers lead them around by the nose.
And the only thing that matters about the law is the way it handles these facts and a million others. It is that if Congress or any state or city or village enacts a law that is forbidden by the Constitution, that law might just as well never have been enacted. In tribal times, there were the medicine men. Why should not a man who wants to leave his prop Law is a racket and maybe an unjust technique for controlling the world.
Laws such as these, said the Court, deprive people of liberty without due process of yok. Donald added it Feb 09, It is a pretty little picture.
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.
For all The Law knows, the two men may have been lost in the middle of a desert and the cigarette their last smoke, or the cigarette may have belonged to Franklin Roosevelt or may have been autographed by Babe Ruth.
It is that any law, state or federal, is entirely proper and valid unless clearly and unmistakably forbidden by the words of the Constitution. Abel – – Oup Usa. How tell, then, which free speech is good and which is bad, under the Constitution? Be the first to ask a question about Woe Unto You, Lawyers! Dooley once put it, that a statute which reads like a stone wall to the lawman becomes, for the corporation lawyer, a triumphal arch.
So it was written in the Constitution that cases involving litigants from two or more states might be tried by the federal courts; and any case tried in the federal courts may eventually get up to the Supreme Court. And only the solemn and mystifying mumbo-jumbo of legal language keeps the non-lawyers form catching on.
Woe Unto You, Lawyers!
History of Western Philosophy. Yet part of the land that Max had a stake in was not outside Ohio at all; it was inside Ohio. Also, each todell of ylu had been soaked for the regular local property taxes, regardless of the fact that a lot of people were making money out of it. So too, does a judge get a general idea of which way the yku is drifting when a lawyer tosses off a legal phrase in court. And so long as the lawyers carefully keep to themselves the key to what those words mean, the only way the average man can find out what is going on is roxell become a lawyer, or at least to study law, himself.
As Harold Laski is fond of putting it, in every revolution the untk lead the way to the guillotine or the firing squad. Some ex-Attorney General of Ohio once agreed with this idea in a general way and as applied to someone else.
Smith – – Law and Philosophy 9 1: From the angle of the taxpayers, whether people or companies, the problem is simply: Nuqman Tehuti marked it as to-read Feb 08, It is, in short, a language that nobody but a lawyer understands. And the whole idea of taking two promises, made by separate people to a third person, and calling one of them Consideration for the other sounds, of course, utterly fantastic.
Fred Rodell Quotes
If this sounds like heresy, consider, for instance, the U. It also seems eminently pointless. It should not, however, require a revolution to rid society of lawyer-control. Until a court intones Consideration or No Consideration about the new problem, no lawyer in the cred can know whether this new set of facts belongs inside or outside the Consideration grab-bag.
No matter what lawyers deal inthe thing they deal with is exclusively the stuff of living.
In so saying, the Court conveniently ignored the fact that it had previously let Congress, by exactly the same device of a high tax, put an effective stop to the issuance of state bank notes and to the sale roedll yellow oleomargarine which was passed off as butter and to the interstate shipment of opium and other narcotics.
Which would be obviously silly.
Even the Highest Court of the Land laying down the Supreme Law of the Land reverts to the same old hocus-pocus of solemn words spoken with a straight face, lawyeers meaning, intrinsically, nothing.
It is a brooding omnipresence in the sky — which means that it is a big balloon, which has thus far escaped the lethal pin. There is no separation of powers where the lawyers are concerned.
Woe Unto You, Lawyers! by Fred Rodell
And so she gets up. Before the Clayton Act was passed, the lawyers had ruled that just about all picketing was against The Law. As though, in each case, the legal phrase used were anything more than a circumloquacious statement of the result, rather than a reason for arriving at it. Goodreads helps you keep track of books you want to read. The field lawjers Law known as Contracts is one of the most settled, most venerable, and least politically complicated fields of Law.