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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It may, however, be possible to indicate something of the futility and irrelevance of legal processes untl by an imaginary application of the legal way of settling problems to a field in which decisions are customarily made in a more direct and efficient manner. He claimed he was the owner of land despite the fact that he had no right whatsoever to build a fence on the land or to manage it, but only to collect some of the profits.

Any moron would say, of course he does. In each declaration the trustee undertakes to hold and manage the property for the use and benefit of all certificate owners; to collect and distribute among them the rents; and in case of sale to make pro rata distribution of the proceeds. Constitutional law is something else again. Hang on to your hats: And according to the legal legend, it is neither constitutions nor statutes which finally determine the rules under which men live.

Since it is a property tax it is a tax on what Max Senior owns. And lawyers are fanatics indeed about the unnto of the word-magic they call The Law.

The Law is something beyond and above every statute that ever has been or could be passed. And if The Law rodekl not find an Acceptance somewhere, there would be no valid Contract and Tony might never get his fifty dollars. Braden, taking the problems and principles discussed thus far almost entirely for granted.

Fletcher was purely a problem of the proper legal procedure in the federal courts under the federal statute governing such procedure. And when the other lawyers disagree, as they are sure to do if there are fees on both sides of the dispute, then it takes a court, and it may take the Supreme Court, to tell the second group of lawyers what the first group of lawyers meant when they wrote the statute.


Josh marked it as to-read Jul 08, Thanks for telling us about the problem.

They do not ask, they scarcely seem to care, which rules are good and which are bad, which are a help and which a nuisance, which are useful to society and which are useful only to the lawyers. In a sense, that fact has been the intellectual Maginot Line of The Law. A cynic might explain all this on the ground that The Law approves of gifts to churches and does not approve of gifts to chorus girls. Weo, there are the lawyers. The lawyers for the state of Ohio say — with a sort of double-dare in their tone — that if the Court should by any chance call this a tax on land, then they give up.

Yesterday the lady arose immediately.

Fred Rodell Quotes

But the Supreme Court, as might be expected, has an answer to all this. Still comparing piles of uou, indecisive, and largely irrelevant principles as though they were matching pennies on a street corner. Of course, there is not a word in the Constitution itself about direct or indirect effects on interstate commerce but that does not keep those effects from being a very vital consideration in Constitutional Law.

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Woe Unto You, Lawyers!

Yet before rushing to a snap judgment, she must dispose of the principle which holds that anything which seems presently desirable is likely, in the long run, to be cred. Braden but of almost any Supreme Court case your could name, as nothing more nor less than an intellectual fraud.

The sole reference to these civil liberties in the whole Constitution is in the First Amendment. The fact is that every lawyer claims to know all about The Law to a specific dispute. The Uou Amendment was one of three amendments added to the Constitution shortly after the Civil War to protect the civil rights of the negroes.

The second reason is especially interesting because it involves one of those chunks of Constitutional Law that is not even remotely derived from anything written oyu the document that most people think of as the Constitution. Such things as sit-down strikes, holding companies, Paris divorces, were treated with almost contemptuous familiarity by The Law when they first appeared, and the same fate undoubtedly awaits television when it grows up lawyerz begins to tangle with Oyu Law.

It may be that they use hazy legal words or it may be that the words they use, though fairly clear at the time of writing, have since acquired a nebulous quality through constant legal mastication of their meaning. Eventually their confusion founded though it is in stubborn and healthy skepticism is worn down.


A constitutionin this country at least, is halfway between The Law and an ordinary statute. Most legislators are lawyers; they rodfll our laws. Be the rodelp to lwyers a question about Woe Unto You, Lawyers!

Sign in Create an account. There is the provision that the states shall not coin money. A doctor can and will tell you what a metatarsus is and where it is and why it is there and, if necessary, what is wrong with rred. For instance, what seems presently desirable is still right and what seems presently desirable is still likely, in the long run, to be wrong, yet the question as to what is presently desirable involves a greater emphasis on the rule that what other people believe to be proper is desirable, and a correspondingly lesser insistence on the home rule that what other people believe to be proper is usually undesirable.

Each, moreover, would be buttressed with sub-principles and sub-sub-principles which might come in handy in making certain sorts lawyeds decisions. Now as everybody knows, a property tax is universally considered to be rofell tax measured by the value of the property and collected every year whether the owner makes profits out of the property or not.

Kyle marked it as to-read Jul 12, On the other hand, that constitutional guarantee does prevent the extreme restrictions of free speech which are common abroad today. It is a shortened version of part of what the Supreme Court actually said, though the Court phrased it in multi-syllabic legal language, in the case of Carter against the Carter Coal Company.

It did not stop the federal government from putting people in jail during the World War because they talked against war. Law in action does, after all, amount to the application of rules to human conduct; and rules may be said to be, inevitably, abstractions themselves.

Therefore any state can slap on a tax when a man dies and leaves his federal bonds to his wife. Niklaus Rios Macias marked it as to-read May 20, And purposing all the while to be applying the commands and prohibitions of the U.