Articles

Indiana Judges Association: Judges struggle with ‘rule of law’ questions daily

As judges, we struggle with “rule of law” questions every day. The gray areas between a fact and a supposition dog our paths. The tension between the letter of the law and the conscience of the community complicate our considerations. In some cases, the rule of law just seems to be unjust. But overall, the true meaning of “rule of law” should not be a barrier.

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Indiana Judges Association: Judging from the mountaintop

If judges wore wigs in the United States, there might be a marked increase, I say, in public confidence in our courts. Hopefully, it would not be outweighed by any marked increase in public satire, but it could not be any worse than the judge shows now on daytime TV. The public always needs to understand that courts are serious and judges are different. More importantly, it is necessary to understand why.

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Indiana Judges Association: Do media measure up in court coverage?

We judges are obligated to actually ignore popular opinion or preference and apply the law, but we are further constrained to not discuss our decisions on talk shows or interviews. Yet, public confidence in courts is more important than any other branch of government because people need to believe in us or they will not believe or obey our rulings.

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Indiana Judges Association:The Thinker 2.0

Have you been thinking lately? Judges and lawyers make a profession of “thinking,” of analyzing, balancing, applying, and just plain old wondering. But do we think like we used to?

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Judge David Dreyer: Law is about people, emotion and all

My daughter lives in Oregon but she never calls. But the other night she did text. Of course I did not find it until later, and it simply reported in plain terms the largest historical event of her young adult life. No glee, no joy, just a simple statement about what happened in Pakistan. But I have not been able to stop thinking what made it so important to contact her parents.

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Legalese for ‘have an orange’

Bryan Garner, editor of Black’s Law Dictionary, head of LawProse Inc., and plain English expert, uses the following passage in “The Scribes Journal of Legal Writing,” (1992), to show efforts to simplify legal writing existed as far back as 1837 when the author satirizes how a lawyer would write, “have an orange”: “Timothy Walker (1802-1856). […]

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