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U.S. Supreme Court,
Law Practice,
Judges and Judiciary,
Appellate Practice

May 1, 2018

Calling judicial bullshi*t

The theater of the courtroom doesn't lie about judging but it creates an impression that may or may not reflect the truth. Similarly, judges sometimes write with limited regard for the truth.

Adam Kolber

Professor
Brooklyn Law School

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Calling judicial bullshi*t
(Shutterstock)

When I was a federal judicial clerk, I was struck by the majesty of the courtrooms I entered. Dressed in exotic garb, judges preside physically and hierarchically high above the crowd. They are seated so royally in part to hide their fallibility and ordinariness. The theater of the courtroom doesn't lie about judging but it creates an impression that may or may not reflect the truth.

Similarly, judges sometimes write with limited reg...

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