Another was the late Judge Irving L. Goldberg of the Fifth Circuit.
Paula Zieselman, Fulbright & Jaworski L.L.P., NYC
On Wed, 20 Dec 1995, Jerry Stephens wrote:
> 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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