4 Matching Annotations
  1. Last 7 days
    1. The honestCardozo himself reveals the underlying nightmare. With the num-berless bases for embracing this or that precedent, he says: “It is wellenough to say that we shall be consistent, but consistent withwhat?”

      I think this is an important characterization of what law really is. Often we like to pretend that law and judges are neutral when the actuality is that neutrality is impossible. Everyone interpreting law has principles and ideologies that color their thinking. It is important that those biases are recognized and acknowledged.

  2. Oct 2024
    1. These must be restated in terms oflegal concepts before legal learningcan be brought to bear upon theproblem. Lawyers sometimes fail tomake their clients see the “legal ques-tion” involved and, more rarely, theythemselves fail to see it in its fullimplications.

      This seems easier said than done. Learning to distill the question using the correct terms of art helps narrow the search within the vast body of law needed to be search. It feels especially high stakes, though, because if your phrasing is just a bit off you might miss the exact case or authority you're looking for.

    2. It does have the advan-tage of leading systematically fromtextbooks through the encyclepedias,the annotated cases, the Digest Systemand the law reviews, with an inciden-tal check of the “Index to Case-Notes”and Shepard’s Citators.

      It does seem like a good rule of thumb in most cases is to cast a wide net through secondary sources before zeroing in on specific cases. Another benefit to this system seems to be that there are built in checks to verify the authorities being cited remain relevant and won't get you embarrassed in front of a judge.

  3. Sep 2024
    1. but credit cannot be claimed for writingwhich is part of the regular practice of law or regular scope of employment.® Suchmaterial must address an attorney audience and be published by a “recognizedthird-party publisher of legal material or a sponsor.”’

      This feels as though writing requirements are heavily weighted towards academia. Lawyers writing for attorney audiences and publishing in a recognized third-party publisher are practicing a type of legal writing that may not have practical applications for many practicing lawyers. By allowing attorneys to use legal writing from their daily work might incentives them to improve their briefs before the court so that they might apply to CLE requirements.