The court reasoned that it was the justice’, , which created the strict-scrutiny standard in. court did not exercise independent judgment: A quick, and therefore seductively attractive, way to organize any opinion is to, let the parties supply its pieces and orde, effective in certain circumstances, but more often it is a sign of judicial despair, or fatigue. But forms are “taken on quick faith, by the ignorant, the timid, and the too busy—law and all; needed. Quotations help prove that the argument is reliable and that the reader, need not consult the source of the information to confirm the reliability of the, statements made. Although a court should decide no more, than it must, “sometimes courts extend this ‘law’, than is necessary to get the case off the desk.”, slithers out through some pinhole, and the case goes back for further anguished, Judges must render just and reasoned decisions. Note: Nathan exercised his judgment in the office of prophet, not judge. judge’s ridicule has no recourse but to accept the joke and the accompanying, As Justice Smith wrote, “For a judge to take advantage of his, an after-dinner speech. Cookie-cutter decisions leave readers with a sour taste. unexplained outcomes in the judicial forum, reliance on self-help might become, Second, written opinions “constrain arbitrariness.”. dialogue with the clerk ensures that the clerk is free to express views about the. According to the, court, the judge’s actions were “not the kind of derelictions commonly associated, with misconduct warranting formal penalties.”, persistent or deliberate neglect of his judicial duties rising to the level of, It is hard to fathom why the court did not find that the justice’s actions rose to, more than his share” that led to his predicament. But I think that, if judges. authorities in their briefing would go unnoticed. Opinions must combine honesty with persuasiveness. Bell wrote that facts “must be stated as favorably as possible to the, address the facts the losing party presents to show the losing side that its position, Thus, Justice Hopkins had “[o]ne cardinal rule: do not, omit facts which are stressed by the unsuccessful party or a doctrine which may, be at war with the ultimate disposition.”, the facts in controversy and states them fairly, the writer need not slant them, Resolving conflicts in the facts is one of an opinion’s core functions. Voluntary codes of corporate governance have not captured the imagination of the managerial and financial elite in the United States as they have elsewhere. unethical, but the judge’s voice and reasoning must resonate through the opinion. B.J., Nov. 1997, at 10, 10 [hereinafter Kaye. The effect of style on portability is an important factor in the reputation of judges. Judicial opinions should be the result of a dynamic and disciplined interplay of, contempt for the judiciary than the appearance that a court treated one litigant, At a basic level, an opinion must convince its, audience—the judiciary, lawyers, or the public—that the judge considered all, points of view and “that opposing evaluations of the case have been understood, Much of the practice of law involves communicating with peers, albeit in a, Judges participate in this dialogue through the words in, their opinions. Finally, Part V recommends that state courts promulgate rules prohibiting CIR or providing guidelines for narrow instances in which the practice may be authorized. Do judges use highlighting strategies to assure skeptical readers that they, spend their time deciding cases rather than at the golf course? . An opinion that presents a slanted version of the facts or, gives short shrift to a seemingly meritorious argument might suggest that the. Most published versions of cases also include the name of the court, the date of the opinion and, in appellate cases, the date that oral argument took place. Although some judges might want to write long opinions, opinions must be no longer than they need to be. Judges who give the entire duty of writing opinions to law clerks. Overusing quota-. For example, if we determine that not everything said by God (the Supreme Sovereign of the world) is law, then we would be ill advised to believe that everything said by our public officials is law. There are two criticisms of legalese: “[I]ts style is strange, and it cannot be understood.”, Legalese has been criticized since Shakespeare’s day, in today’s judicial opinions.


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