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Why Judges Don't Like Petitions For Rehearing, Richard S. Arnold Apr 2001

Why Judges Don't Like Petitions For Rehearing, Richard S. Arnold

The Journal of Appellate Practice and Process

Petitions for en banc rehearings are rarely granted. A Senior Judge for the United States Court of Appeals for the Eighth Circuit provides a history and reasoning of the rehearing process and his personal observations on those petitions and processes in today's court.


China's Post-Modern Legal Research And Its Prospects(中国的后现代法学研究及其前景), Meng Hou Feb 2001

China's Post-Modern Legal Research And Its Prospects(中国的后现代法学研究及其前景), Meng Hou

Hou Meng

No abstract provided.


Are Some Words Better Left Unpublished?: Precedent And The Role Of Unpublished Decisions, K.K. Duvivier Jan 2001

Are Some Words Better Left Unpublished?: Precedent And The Role Of Unpublished Decisions, K.K. Duvivier

Sturm College of Law: Faculty Scholarship

The practice of unpublished decisions and their precedential value causes much controversy. The practice of unpublished opinions creates a solution for how to deal effectively with heavy caseloads. Electronic databases make unpublished decisions readily available, which removes any secrecy that critics fear. Unpublished opinions are treated in one of three ways by the courts. In addition, three pragmatic issues are created by allowing opinions to go unpublished: 1) the availability of these decisions, 2) the quality of the reasoning in unpublished decisions, and 3) the treatment of unpublished opinions as precedent.


Terry Firma: Background Democracy And Constitutional Foundations, Frank I. Michelman Jan 2001

Terry Firma: Background Democracy And Constitutional Foundations, Frank I. Michelman

Michigan Law Review

Ages ago, I had the excellent luck to fall into a collaboration with Terrance Sandalow to produce a casebook now long forgotten. There could have been no more bracing or beneficial learning experience for a fledgling legal scholar (meaning me). What brought us together indeed was luck from my standpoint, but it was enterprise, too - the brokerage of an alert West Publishing Company editor picking up on a casual remark of mine as he made one of his regular sweeps through Harvard Law School. A novice law professor, I mentioned to him how much I admired a new essay …


Politics And Denial, Pierre Schlag Jan 2001

Politics And Denial, Pierre Schlag

Publications

No abstract provided.