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    Lawyers, Can’t Live With ‘Em …

    Lawyers, Can’t Live With ‘Em …

    I know, you want to finish the sentence “can live without ’em.”

    So those of you who have preconceived notions that lawyers have it one up on the rest of you, and for no good reason, will find confirmation of sorts in this interview by Prof. Glenn Reynolds of Instapundit with his colleague, Prof. Ben Barton, author of The Lawyer-Judge Bias in the American Legal System,

    Here is the jacket summary of the book:

    Virtually all American judges are former lawyers. This book argues that these lawyer-judges instinctively favor the legal profession in their decisions and that this bias has far-reaching and deleterious effects on American law. There are many reasons for this bias, some obvious and some subtle. Fundamentally, it occurs because – regardless of political affiliation, race, or gender – every American judge shares a single characteristic: a career as a lawyer. This shared background results in the lawyer-judge bias. The book begins with a theoretical explanation of why judges naturally favor the interests of the legal profession and follows with case law examples from diverse areas, including legal ethics, criminal procedure, constitutional law, torts, evidence, and the business of law. The book closes with a case study of the Enron fiasco, an argument that the lawyer-judge bias has contributed to the overweening complexity of American law, and suggests some possible solutions.

    The interview is even more interesting than the jacket summary, and is available at PJTV for free, although you do have to register.

    Update:  YouTube version of interview now available:

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    Comments


    There is an even more insidious bias, IMO.
    The lawyers as law makers, insure that no bill can be interpreted without thousands of lawyers, and that every citizen needs a lawyer to determine what the simplest sentence in any law says. This doubles/tripples down, because one starts at the county council level with lawyers, move to the State level with more lawyers writing more unreadable stuff and moves to the US Congress where the ultimate ununderstandable garbage is written,i.e. the Obamacare fraudage. So unreadable the members of the House and Senate couldn't even read it, but they passed it.

    Actually Prof. Jacobson I prefer to finish it the way Tom Arnold did in the movie "True Lies" (of course, he was talking about women)… "Lawyers (or women), can't live with 'em–can't kill 'em"

    Cheney had the right idea, but his aim was a bit off.

    (sorry, Sarah, you'll probably be blamed for this)

    A. Dumas,

    How typical. Cheney's aim was off, so people blame Sarah Palin!

    … but we can live without 'em.


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