For a particularly badly reasoned equal access opinion in a case involving a
gay straight alliance club see Caudillo v. Lubbock ISD. It is not yet posted
on Westlaw or loislaw, but it is available on the Northern District of Texas
website.
Marc Stern

-----Original Message-----
From: [EMAIL PROTECTED]
[mailto:[EMAIL PROTECTED] Behalf Of Douglas Laycock
Sent: Thursday, March 04, 2004 1:28 PM
To: Law & Religion issues for Law Academics
Subject: Re: Blackmun Papers

         In my student days at Chicago, the formulation "the opinion won't
write" was attributed to Karl Llewellyn.  My guess would be it appears in
The Common Law Tradition (1960), or Jurisprudence (1962), but possibly much
earlier in The Bramblebush (1930).  And I would guess that he heard it from
some older judge.

At 10:04 AM 3/4/2004 -0800, David Cruz wrote:

>The federal appellate judge for whom I clerked maintained that sometimes
>"the opinion won't write," which
>sounds a lot like what Kennedy is reported to have said about his original
>Lee v. Weisman draft.



Douglas Laycock
University of Texas Law School
727 E. Dean Keeton St.
Austin, TX  78705
         512-232-1341 (voice)
         512-471-6988 (fax)
         [EMAIL PROTECTED]

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