Judicial Opinions

This seminar will explore the genre of the judicial opinion. What makes a judicial opinion good, successful, or historic? What goals do judicial authors have in mind, and who are their audiences? Perhaps most fundamentally, should judges focus on reason to the exclusion of rhetoric? Topics relating to judicial style include prophetic dissents, uses of technical or colloquial language, and personal invective. We will also consider influences on judicial opinion-writing, such as considerations of precedent, the allure of judicial celebrity, and the role of law clerks. Finally, we will consider the effects of technological change, as judges have come to take advantage of print publication, searchable databases, and artificial intelligence.