Legal writing

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Reason is the life of the law, nay the common law itself is nothing else but reason.

Edward Coke

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Coke, Edward. The First Part of the Institutes of the Lawes of England. Or, a Commentarie upon Littleton, Not the Name of a Lawyer Onely, but of the Law it selfe. London: Societe of Stationers, 1628, bk. 2, ch. 6, sect. 138.

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Those who won our independence believed that the final end of the State was to make men free to develop their faculties; and that in its government the deliberative forces should prevail over the arbitrary. They valued liberty both as an end and as a means. They believed liberty to be the secret of happiness and courage to be the secret of liberty.

Louis Brandeis

Whitney v. California

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Brandeis, Louis. United States, Supreme Court. Whitney v. California. United States Reports, vol. 274, 16 May 1927, pp. 357-379. Justia, supreme.justia.com/cases/federal/us/274/357/.

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The most stringent protection of free speech would not protect a man falsely shouting fire in a theatre and causing a panic... The question in every case is whether the words used are used in such circumstances and are of such a nature as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent.

Oliver Wendell Holmes, Jr.

Schenck v. United States

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Holmes, Oliver Wendell, Jr. United States, Supreme Court. Schenck v. United States. United States Reports, vol. 249, 3 Mar. 1919, pp. 47-53. Justia, supreme.justia.com/cases/federal/us/249/47/.

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Our Nation has had a long and unfortunate history of sex discrimination...rationalized by an attitude of "romantic paternalism" which, in practical effect, put women not on a pedestal, but in a cage.

William J. Brennan, Jr

Frontiero v. Richardson

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Brennan, William J., Jr. United States, Supreme Court. Frontiero v. Richardson. United States Reports, vol. 411, 14 May 1973, pp. 677-692. Justia, supreme.justia.com/cases/federal/us/411/677/.

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Right conclusions are more likely to be gathered out of a multitude of tongues, than through any kind of authoritative selection. To many this is, and will always be, folly; but we have staked upon it our all.

Learned Hand

United States v. Associated Press

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Hand, Learned. District Court, S. D. New York. United States v. Associated Press. 52 F. Supp. 362 (1943). 6 Oct. 1943, law.justia.com/cases/federal/district-courts/FSupp/52/362/1755014/.

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Our procedure has been always haunted by the ghost of the innocent man convicted. It is an unreal dream. What we need to fear is the archaic formalism and the watery sentiment that obstructs, delays, and defeats the prosecution of crime.

Learned Hand

United States v. Garsson

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Hand, Learned. District Court, S. D. New York. United States v. Garsson. 291 F. 646. 1 Feb. 1923.

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Those who won our independence by revolution were not cowards. They did not fear political change. They did not exalt order at the cost of liberty. To courageous, self-reliant men, with confidence in the power of free and fearless reasoning applied through the processes of popular government, no danger flowing from speech can be deemed clear and present, unless the incidence of the evil apprehended is so imminent that it may befall before there is opportunity for full discussion. If there be time to expose through discussion the falsehood and fallacies, to avert the evil by the processes of education, the remedy to be applied is more speech, not enforced silence.

Louis Brandeis

Whitney v. California

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Brandeis, Louis. United States, Supreme Court. Whitney v. California. United States Reports, vol. 274, 16 May 1927, pp. 357-379. Justia, supreme.justia.com/cases/federal/us/274/357/.

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Any one may so arrange his affairs that his taxes shall be as low as possible; he is not bound to choose that pattern which will best pay the Treasury.

Learned Hand

Helvering v. Gregory

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Hand, Learned. US Court of Appeals for the Second Circuit. Helvering v. Gregory, 69 F.2d 809 (2d Cir. 1934).

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Immunities that are valid as against the federal government by force of the specific pledges of particular amendments have been found to be implicit in the concept of ordered liberty, and thus, through the Fourteenth Amendment, become valid as against the states.

Benjamin Cardozo

Palko v. Connecticut

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Cardozo, Benjamin Nathan. United States, Supreme Court. Palko v. Connecticut. United States Reports, vol. 302, 6 Dec. 1937, pp. 319-329. Justia, supreme.justia.com/cases/federal/us/302/319/.

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Political agitation, by the passions it arouses or the convictions it engenders, may in fact stimulate men to the violation of law. Detestation of existing policies is easily transformed into forcible resistance of the authority which puts them in execution, and it would be folly to disregard the causal relation between tire two. Yet to assimilate agitation, legitimate as such, with direct incitement to violent resistance, is to disregard the tolerance of all methods of political agitation which in normal times is a safeguard of free government.

Learned Hand

Masses Pub Co. v. Patten

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Hand, Learned. US District Court for the Southern District of New York. Masses Pub. Co. v. Patten, 244 F. 535 (1917).

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A long line of cases shows that it is not merely of some importance, but is of fundamental importance that justice should not only be done, but should manifestly and undoubtedly be seen to be done.

Gordon Hewart

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Rex v. Sussex Justices

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Hewart, Gordon, CJ. The United Kingdom, The King's Bench Division. Rex v Sussex Justices, ex parte McCarthy. 9 Nov. 1923. ([1924] 1 KB 256, [1923] All ER Rep 233].

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No set of legal institutions or prescriptions exists apart from the narratives that locate it and give it meaning. For every constitution, there is an epic, for each decalogue a scripture. Once understood in the context of the narratives that give it meaning, law becomes not merely a system of rules to be observed, but a world in which we live.

Robert M. Cover

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Nomos and Narrative

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Cover, Robert M. "Foreword: Nomos and Narrative." Harvard Law Review, Nov. 1983. Originally a foreword to the Supreme Court 1982 term.

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The measure of a country's greatness is its ability to retain compassion in times of crisis.

Thurgood Marshall

Furman v. Georgia

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Marshall, Thurgood. United States, Supreme Court. Furman v. Georgia. United States Reports, vol. 408, 29 June 1972, pp. 238-250. Justia, supreme.justia.com/cases/federal/us/408/238/.

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In all tyrannical governments, the supreme magistracy, or the right both of making and of enforcing the laws, is vested in one and the same man, or one and the same body of men; and wherever these two powers are united together, there can be no public liberty.

William Blackstone

Commentaries on the Laws of England

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Read Commentaries on the Laws of England, Book I at Project Gutenberg

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Original Citation

Blackstone, William. Commentaries on the Law of England: Book the First. Oxford: Clarendon Press, 1765, ch. 2.

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Blackstone, William. Commentaries on the Laws of England: Book I Of the Rights of Persons, edited by David Lemmings. Oxford University Press, 2016, ch. 2.

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Debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials.

William J. Brennan, Jr

New York Times Company v. Sullivan

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Brennan, William J., Jr. United States, Supreme Court. New York Times Company v. Sullivan. United States Reports, vol. 376, 9 Mar. 1964, pp. 254-305. Justia, supreme.justia.com/cases/federal/us/376/254/.

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Although we may never know with complete certainty the identity of the winner of this year's Presidential election, the identity of the loser is perfectly clear. It is the Nation's confidence in the judge as an impartial guardian of the rule of law.

John Paul Stevens

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Bush v. Gore

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Stevens, John. Dissenting Opinion. Bush, et al. v. Gore, et al. United States Reports, vol. 531, 12 Dec. 2000, pp. 123-129. Justia, supreme.justia.com/cases/federal/us/531/98/.

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Frequently an issue of this sort will come before the Court clad, so to speak, in sheep's clothing: the potential of the asserted principle to effect important change in the equilibrium of power is not immediately evident, and must be discerned by a careful and perceptive analysis. But this wolf comes as a wolf.

Antonin Scalia

Morrison v. Olsen

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Scalia, Antonin. Dissenting opinion. Morrison v. Olson. United States Reports, vol. 487, 29 June 1988, pp. 654-734. Justia, supreme.justia.com/cases/federal/us/487/654/.

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