how to read a judicial opinion kerr


ߤ�lZ [Content_Types].xml �(� ���n�0E�����Ub袪*�>�-R�{V��Ǽ��QU� Professor Kerr discusses the parts of a brief, what aspects of a case matter to a law professor and emphasizes the need for learning the new language of the law.

0000102389 00000 n 0000053196 00000 n A judicial opinion usually includes the reasons behind the decision.

Kerr has previously been a visiting professor at the University of Chicago and the University of Pennsylvania. Kerr specializes in criminal procedure and computer crime law, and he has also taught courses in criminal law, evidence, and professional responsibility.

Part II discusses what you should look for when you read an opinion for class. Part III concludes with a brief discussion of why law schools use the case method. You are currently offline.

Pay attention to a court's reasoning and don't discount the dissent.4. 0000094275 00000 n

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You can visit the link below:https://www.law.berkeley.edu/our-faculty/faculty-profiles/orin-kerr/And follow Professor Kerr on Twitter @orinkerr.

Wex, a free legal dictionary and encyclopedia from Cornell’s Legal Information Institute. thanks, Jacob Sullum | From the November 2020 issue, The only answer to that question is "Yes, the boss was right. Facts matter, particularly the facts of a case that are relevant to the court's reasoning.3.

PK ! 0000005901 00000 n -1- How to Read a Judicial Opinion: A Guide for New Law Students Professor Orin S. Kerr George Washington University Law School Washington, DC Version 2.0 (August 2005) This essay is designed to help entering law students understand how to read cases for class. 0000094526 00000 n

0000014800 00000 n CA), Employer Resources for Virtual Internship Programs, Non Discrimination, Non Harassment, and Military Recruiting Policies, Enrichment Opportunities for Recent Grads, Registration and Financial Aid Information.

Where there are three or more judges, it may take the form of a majority opinion, minority opinion or a concurring opinion.

Nice information, this article is important. 115 0 obj <> endobj Want to stay updated on all things Law to Fact?

Journalists should correct the story rather than pretend it doesn't exist. Judicial Clerkship Placement Statistics 2018 Clerkship Yearbook Home » Admitted Students – J.D. Professor Kerr discusses the parts of a brief, what aspects of a case matter to a law professor and emphasizes the …

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It cites the decision reached to resolve the dispute.

By Orin Kerr (adapted and excerpted) Judicial opinions (also known as legal opinions, legal decisions, or cases) are written decisions authored by judges explaining how they resolved a particular legal dispute and explaining their reasoning.

0000269269 00000 n Reading a Legal Opinion A legal opinion is a document written by a judge following a civil or criminal case in which the court issues its final ruling. He acknowledges his own struggles with case law reading when he began law school (we both do), and encourages students to recognize the learning curve involved in reading a judicial opinion.

View full document. We do not moderate or assume any responsibility for comments, which are owned by the readers who post them. 0000023025 00000 n 0000163914 00000 n ", Josh Blackman |The Volokh Conspiracy | 10.16.2020 7:00 PM.

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You can listen here: How to Read a Legal Opinion. Comments do not represent the views of Reason.com or Reason Foundation. 0000021670 00000 n Join our mailing list by visiting us at www.lawtofact.com.

How to Read a Legal Opinion—The Article, and Now the Podcast Something for incoming 1Ls, and for others interested in studying law. Reading cases isn't easy; we have all struggled with the experience!About our guest...Professor Orin Kerr joined the Berkeley Law faculty in 2019 after serving as the Frances R. and John J. Duggan Distinguished Professor at the University of Southern California Gould School of Law. Unequal Treatment or Uneven Consequence: A Content Analysis of Americans with Disabilities Act Title I Disparate Impact Cases from 1992-2012, PARATEXTUAL PRESENCES: FOOTNOTES IN U.S. AVIATION-CASE APPEALS, Using Case Studies and Online Discussions to Educate Future Health Administrators, By clicking accept or continuing to use the site, you agree to the terms outlined in our. -1-How to Read a Judicial Opinion: A Guide for New Law Students Professor Orin S. Kerr George Washington University Law School Washington, DC Version 2.0 (August 2005) This essay is designed to help entering law students understand how to read cases for class.It explains what judicial opinions are, how they are structured, and what you should look for when you read them. Resources to Respond to Sexual Harassment, Frequently Asked Questions & Rule Clarifications, Social Justice+Public Interest Community at Berkeley Law, Financial Aid Checklist for LL.M./J.S.D. Jim Lindgren |The Volokh Conspiracy | 10.16.2020 1:15 AM. 0000118798 00000 n It explains what judicial opinions are, how they are structured, and what you should look 0000022525 00000 n Over at the Volokh Conspiracy, David Post and Orin Kerr are debating Post’s experiment of having students read unedited judicial opinions in his classes. 0000103625 00000 n

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Orin Kerr is a professor of law at the George Washington University Law School. He has written more than 60 law review articles, over 40 of which have been cited in judicial opinions (including seven articles that have been cited in U.S. Supreme Court opinions).

Orin S. Kerr, How to Read a Legal Opinion

The episode is an exploration of Prof. Kerr's essential article, How To Read A Legal Opinion: A Guide For New Law Students, 11 Greenbag 2d 51 (2007). 0000160523 00000 n

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Although it seems foreign at first, identifying this information, understanding judicial opinions, and applying their reasoning to new cases becomes much easier with practice. Regular Volokh Conspiracy readers may be familiar with my 2007 short essay, How to Read A Legal Opinion: A Guide for New Law Students.

Part II discusses what you should look for when you read an opinion … On the web site I posted an essay written by a professor at George Washington Law School aimed at teaching new law students how to read a judicial opinion (Kerr 2005). 0000001865 00000 n His short guide will help you understand how to read judicial opinions (and dissents) more effectively.

His scholarship also has been cited by more than 3,000 academic articles. » 1L Orientation » Letter from Academic Support Services » How to Read a Legal Opinion by Orin Kerr

Per curiam means “by the court.”.

Some of Hunter's more innocuous emails might be checked with recipients. Some key takeaways are...1.

Concurrent Degree Programs, Admitted Students – Transfer & Visitor Status », Visiting Scholar and Visiting Student Researcher Admissions, Berkeley Center for Consumer Law & Economic Justice, Economic Justice Policy Advocates Conference 2020, Hot Off the Presses: Recent Developments in Consumer Law, U.S. Supreme Court Strikes Down For-Cause Termination for CFPB Director but Otherwise Preserves the Bureau, Matching Outcome Proposed in Center’s Amicus Brief, California Supreme Court Allows District Attorneys to Enforce State Consumer Protection Laws Outside Their County, Ninth Circuit Panel Holds that California Private Post-Secondary School Regulation Infringes on the First Amendment, U.S. Supreme Court Strikes Down Exception for Government Debt Robocall Ban Under the First Amendment, Retains Robocall Restrictions, California Low-Income Consumer Coalition (CLICC), Consumer Advocacy and Protection Society (CAPS), National Association of Consumer Advocates (NACA), Consumer Law Advocates, Students, & Scholars (CLASS) Project, Issue III: Economic Impact Payments (“Stimulus Checks”) & COVID-19, Translation Assistance for CARES Act Businesses, 2020 J.D & LL.M Business Law Certificate Recipients, LL.M. The podcast is 25 minutes long. Mostly law professors | Sometimes contrarian | Often libertarian | Always independent, Orin S. Kerr |The Volokh Conspiracy | 7.30.2019 4:52 AM.

0000000016 00000 n It is hosted by law professor Leslie Garfield Tenzer as part of her Law to Fact podcasts on legal education. trailer

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startxref The episode is an exploration of Prof. Kerr's essential article, How To Read A Legal Opinion: A Guide For New Law Students, 11 Greenbag 2d 51 (2007). %%EOF Students, Supplemental Academic Rules for Traditional and Thesis Track LL.M.


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The former vice president's comment during the ABC town hall was idiotic. xref How to Read a Judicial Opinion: A Guide for New Law Students Professor Orin S. Kerr George Washington University Law School Washington, DC This essay is designed to help entering law students understand how to read cases for class.

Editor's Note: We invite comments and request that they be civil and on-topic. Orin S. Kerr is a Professor at the University of California, Berkeley School of Law.

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Students, Financial Aid Checklist for Incoming Transfer Students, Financial Aid Checklist & Timeline For Entering Students, Financial Aid – J.D. <<2024CF6D6230D44DAF0F7DCE62F25B70>]>> An opinion tells the story of the case: what the case is about, how the court is resolving the case, and why. 0000002511 00000 n

156 0 obj <>stream On occasion, the opinion will use the Latin phrase “per curiam” instead of a judge’s name.

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