Scott:
RE: In re Thinking Machines Corp., 67 F3d 1021
Your query about the headnotes assigned to this opinion
generates a real decisive response: there's both more and
less to this writing that you might first believe.
Look to the author of the opinion. That's the key to your
query. Judge Selya of the 1st Circuit is one of the more
creative writers on the federal courts today. Phraseology
such as legislation not created in a vacuum and singing a
tune the way the courts want are typical of Judge Selya.
And, surprisingly, this opinion DOES NOT reflect Judge Selya
at his best.
About four years ago, several of us creative writers in
Oklahoma City had a brief written conversation with Judge
Selya about his opinion style. One phrase in particular had
generated a great deal of discussion. In a 1990
opinion--United States v. Ortiz-Alarcon 917 F2d 651--Judge
Selya used the phrase "more cry than wool".
In answering our query, Judge Selya said that phrase was one
that he had learned early in life. He also said that he used
occasion variants, such as "more bleat than wool".
So, in short, don't look to West Publishing Company editors.
They're simply adding to the headnotes the text (and
language) of the original opinion writer. Look to the author
of the opinion.
One suggestion here, and you've apparently begun to do some
of that already. The frequent reader of judicial opinions
can come up with many examples of creative writing. Judge
Selya is only of
the better writers in this regard.
Jerry E. Stephens
U.S. Court of Appeals
Oklahoma City, Oklahoma
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