In the Opinion of the CourtUniversity of Illinois Press, 1996 - 183 sider In the Opinion of the Court, the first close examination of judicial opinions as a literary genre, looks at opinions handed down by the U.S. Supreme Court, the U.S. Court of Appeals, and district courts, tracing their history, function, and place in legal literature. William Domnarski explores the connection between judges and their audience on the one hand, and judicial opinions and their functions, on the other. He also reveals the key roles played by the reporting and publication of judicial opinions in advancing distinctly American values, the dominance exercised by the best opinion writers, and the rise of the law clerk as an individual increasingly called on to write opinions. Domnarski pays special attention to Learned Hand and Oliver Wendell Holmes traditionally seen as the best practitioners of the genre, and devotes a chapter to Richard Posner, Chief Judge of the Seventh Circuit of the U.S. Court of Appeals in Chicago, seen as carrying on the Hand-Holmes tradition. |
Innhold
Introduction | 1 |
Reporting and Publishing Judicial Decisions | 5 |
Who Writes Judicial Opinions | 30 |
Style and Substance in Supreme Court Opinions | 55 |
The Canon | 75 |
Style and Substance in Lower Federal Court Opinions | 90 |
Closing the Circle Judge Richard A Posner and the Exploration of the Judicial Opinion | 116 |
Notes | 157 |
| 179 | |
Andre utgaver - Vis alle
Vanlige uttrykk og setninger
2d Cir 7th Cir academic admiralty Alex Kozinski Amendment American antitrust approach argued argument attorney bench Brandeis canon century cert Chief Justice circuit court judges circuit judges citation cited civil rights common law Congress constitutional contract Corp Court of Appeals criminal damages decisions defendant dissent district court doctrine Douglas Easterbrook example facts federal judge Federal Reporter Federal Supplement footnotes Frank Easterbrook Frankfurter Hand's Henry Friendly High Court Holmes Holmes's important issue Jackson jurisdiction Kozinski law and economics law clerks law clerks write law review Law School lawyers Learned Hand litigants lower court lower federal courts Marshall negligence opin opinion writing percent plaintiff principle publication Rardin reader Rehnquist reporter of decisions Richard Posner says Seventh Circuit statutes style Supp Supreme Court opinions Supreme Court Reporter Telephone interview tion tort U.S. Court U.S. Reports volume West Publishing West Publishing's Wheaton written wrote