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Is Legal Writing Getting Worse?

For as long as I can remember, people have talked about how bad legal writing is.  People are now saying that it's getting worse.  (More.)  But when was it ever good?Every law student is forced to read old judicial opinions.  Those are terrible cases to read.  Recently I had to read some cases from 1950.  Awful stuff.  The facts weren't clearly stated.  The issues weren't clearly stated.  Older cases are generally unclear.  They are poorly written.Good writing is clear writing.  Take an opinion from 1950.  Then take an opinion dealing with a similar issue - but from 2005.  Which one would take you longer to wade through?  With few exceptions, the modern opinion would be much easier to read and understand.  Some might say judges are becoming better writers...continue to full post

Full post as published by Crime & Federalism on October 28, 2008 (boomark / email).