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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Also, each piece of land had been soaked for the oawyers local property taxes, regardless of the fact that a lot of people were making money out of it. And the only thing that matters about the law is the way it handles these facts and a million others.

For every age, a pseudo-intellectual autocracy, guarding the tricks of the trade from the uninitiated, and running, after its own pattern, the civilization of its day. The problem rkdell Brown v. It is through the medium of their weird and wordy mental gymnastics that the lawyers lay down the rules under which we live.

Woe Unto You, Lawyers!

At the time the trusts frec created, the interests of all the beneficiaries consisted merely of a congeries of rights etc. There is a g. For before Tony gets paid the court must find a valid Contract and before it finds a valid Contract it must find an Acceptance.

The Law, lxwyers tracked to earth, seems to decree that the lady must rise. 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 in the document that most people think of as the Constitution.


Each parcel has been assessed for customary taxes in the name of legal owner or lessee according to local law, without deduction lawysrs diminution because of any interest claimed by appellant and others similarly situation.

How tell, then, which free speech is good and which is bad, under the Constitution?

Fred Rodell, Woe Unto You, Lawyers,

And lawyers are fanatics indeed about the sacredness of the word-magic they call The Law. Therefore, we will throw it out along with the unconstitutional part.

What is really needed to put the lawyers in their places and out of the seats of the mighty is no more than a slashing of the veil of dignified mystery that now surrounds and ferd The Law. There are sub-principles and sub-sub-principles and exceptions.

Certainly this would seem to be one of the exact situations that Congress had been talking about. There is the general principle that a regulation which is a proper exercise of the state police power is valid but that a regulation which does not fall within the police power is deprivation of property without due process of law. Before the Clayton Act was passed, the lawyers had ruled that just about all picketing was against The Law. One is its style. Thus, the unwritten piece of the Constitution that the Court discovered all by itself carries more weight with the Court than the written words of the document.

From the Publisher via CrossRef no proxy journals. In the first place, we have a general principle to the effect that tax statutes are to be strictly construed in favor rodepl the taxpayer.

For every age, a group of bright boys, learned in their trade and jealous of their learning, who blend technical competence with plain and fancy hocus-pocus to make themselves masters of their fellow men.


Exceptions to the traditions of dumpy dignity and fake learnedness in law review writing are as rare as they are beautiful. And so long as the lawyers carefully keep to themselves the key to what those words mean, the only way the average man can find out what is going on is to become a lawyer, or at least to study law, himself.

So it was written in the Constitution that cases involving litigants from two or more states might be tried by the federal courts; and any case tried in the federal courts may eventually get up to the Supreme Court.

But strangely enough, the commonest way of protesting a new federal tax today is to sue for an injunction. To prevent this, he instituted suit in the Common Pleas Court.

This is what the Supreme Court was talking about in Senior v. Books by Fred Rodell.

Woe Unto You, Lawyers! by Fred Rodell

The Law would enforce it, all right, but not in those words. The strange thing is, however, that lawyers, for all their alleged insight into the great mystery, are never able to agree about the presence or its interpretation, when rodelll comes down to applying The Law to a simple, specific factual problem. At any rate, whoever might have been holding the property for whoever had a stak ein it would, in truth, have been holding the property for whoever had a stake in it.

Because it uses the tax money to accomplish an unconstitutional purpose, namely, federal regulation of farmers.