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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Which fact does not bother the Court in the slightest degree.
A home-owner who beats up a rode,l hobo may be a hero in one state and a criminal in another. Browse quotes by subject Browse quotes by author. Then, if the boss catches Tony one inch on one side of the line, The Law will intone — no Acceptance, no Contract, no fifty dollars; whereas if Tony is one inch on the other side of the line, The Law will intone — Acceptance, Contract, pay up.
The problem remains unsettled. Peter Cave – – Philosophy Now The Wagner Labor Act was called constitutional for no more solid reasons than those for which the Agricultural Adjustment Act was called unconstitutional.
Examples could be multiplied almost indefinitely. Sonia Kruks – – Critical Review 2 4: But there is nothing in the Constitution that forbids a state to do that if it wants to.
Now the basic theory of all Constitutional Law is both simple and sensible.
Yet lawyers can and often do talk about their product without telling anything about it at all. And so in order to throw out the whole Act, the Court had to reason this way: The lawyer-judges alone turn out each year hundreds upon hundreds of books full of nothing but refinements of The Law and its principles. But the Court still says that it is unconstitutional for the federal government to tax the income from state bonds. A cynic might explain all this on the ground that The Law approves fredd gifts to churches and does not approve of gifts to chorus girls.
The tax, even though it is measured by the profits so that it works like an income tax, is called a property tax in the statute. A Tale of Woe?
Woe Unto You, Lawyers!
Yet it happens that seals were first used on contracts as Xs might be used today — as substitutes for the signatures of those who could not sign their names. Certainly this would seem to be one of the exact situations that Congress had been talking about.
There is, for instance, the provision that the United States shall not grant titles of nobility. At any rate, someone offered a hundred dollars for it and got it. On the contrary, law deals almost ungo with the ordinary facts and occurrences of everyday business and government and living. Laws such as these, said the Court, deprive people of liberty without due process of law.
The breeding of word-jugglers would come to an end. In case anyone should be interested, I got my own skepticism early. The point is that Taft was insisting to his fellow-lawyers — the only people who ever read or understand judicial opinions — that is disappointing the unions he was merely following The Law.
And, incidentally, the Supreme Court did almost the same lawwyers with the whole of the Clayton Act by picking on other meaningless legalistic words to prove that most trusts were not trusts and most monopolies were not monopolies — according to The Law. Tou lawyer can only tell you what The Law is. For when the Supreme Court sets out to tell Congress and the world what an act of Congress really means, only the sky and such abstract legal principles as can be drawn from the sky are the frdd.
Law is a racket and maybe an unjust technique for controlling the world.
When I was mulling over the notion rrodell writing this book, I outlined my ideas about the book, and about the law, to a lawyer who is not only able but also extraordinarily frank and perceptive about his profession. This, of course, is a long way away from the original idea of Consideration as something given to or promised to or done for the man who makes laqyers promise. Whenever a lawyer appears before the Supreme Court and asks the Court to declare a state statute unconstitutional, the chances are better than ten to one that he is basing his plea on the Fourteenth Amendment to the Constitution.
So far as The Law is concerned, a man offered to pay a hundred dollars for a cigarette rorell got the cigarette.
It did not stop the federal government from putting people in jail during the World War because they talked against war. Clarke – – Classical Quarterly 51 2: Yesterday the lady arose immediately. This article has no associated abstract.
Fred Rodell, Woe Unto You, Lawyers,
The Law, in order to uphold such promises, had to find Consideration somewhere, and found it. The Law slides out of this one neatly and easily. And how can they tell; how do they decide? The Law, remember, is that before you have a Contract, you have to have not an offer, not even a definite offer, but a legal Offer.
The Constitution says that the salaries of federal judges may not be reduced while the judges are in office. Some of the language of the law is built out of Latin or French words, or out of old English words which, but for the law, would long ago have fallen into disuse.