I suspect the actual strength condition (considering clay soils) is fully-softened. During the life of a clay slope, you will have undrained strength, then you will have drained strength, then you will (often) degrade to fully-softened strength. The near-surface wetting and drying, freezing and thawing and other temporal factors will influence the strength in the top 10 to 20 ft and reduce it to such softened value.
Best way to evaluate fully-softened shear strength is to push the soil through the No. 40 sieve (without air drying), hydrate the soil to its liquid limit, mold it into an odometer and then incrementally consolidate the soil to the target confinement pressure (incremental to minimizing squeezing effects). Run the direct shear and you will have a series of peak strengths on the normally-consolidated sample. Use these peak strengths to get the failure envelope for fully-softened strength. If you capture any cohesion, ignore it in design. If the stress-strain curve also shows a residual strength, that'd be the same residual strength you'd obtain from an intact sample.
There is a citation at CGPR (Center for Geotechnical Practice and Research - Virginia Tech) on these matters. Tim Stark likes the rotational shear for similar conclusions.
f-d
ípapß gordo ainÆt no madre flaca!