LEARNED HAND’S DISTRICT COURT OPINIONS, 1916-1917: A MACROSTRUCTURAL ANALYSIS EMPLOYING COGNITIVE PSYCHOLOGY PRINCIPLES

Jeffrey A. Van Detta, John Marshall Law School-Atlanta

Abstract

What makes a judge a good trial court writer? Should this be measured by the writing of the appeals court judges who review them? Does it even matter if trial court judges write well? Examining trial court opinions that Judge Learned Hand wrote 1916-1917 on the U.S. District Court, this article answers those questions by applying principles of cognitive psychology in a detailed critical evaluation of each opinion and its legal and society context. This article makes a very substantial contribution to the study of legal linguistics, cognitive psychology as applied in critical reading of judicial opinions, and of Learned Hand’s legacy itself (since his principal biographer, the late Professor Gerald Gunther, paid scant attention to Hand’s district court opinions).