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Full-Text Articles in Jurisprudence
Precedent And Justice, William D. Bader, David R. Cleveland
Precedent And Justice, William D. Bader, David R. Cleveland
Law Faculty Publications
Precedent is the cornerstone of common law method. It is the core mechanism by which the common law reaches just outcomes. Through creation and application of precedent, common law seeks to produce justice. The appellate courts' practice of issuing unpublished, non-precedential opinions has generated considerable discussion about the value of precedent, but that debate has centered on pragmatic and formalistic values. This essay argues that the practice of issuing non-precedential opinions does more than offend constitutional dictates and present pragmatic problems to the appellate system; abandoning precedent undermines justice itself. Issuance of the vast majority of decisions as nonprecedential tears …
Local Rules In The Wake Of Federal Rule Of Appellate Procedure 32.1, David R. Cleveland
Local Rules In The Wake Of Federal Rule Of Appellate Procedure 32.1, David R. Cleveland
Law Faculty Publications
No abstract provided.
Overturning The Last Stone: The Final Step In Returning Precedential Status To All Opinions, David R. Cleveland
Overturning The Last Stone: The Final Step In Returning Precedential Status To All Opinions, David R. Cleveland
Law Faculty Publications
No abstract provided.
Playing On Words: Judge Richard A. Posner's Appellate Opinions, 1981-82--Ruminations On Sexy Judicial Opinion Style During An Extraordinary Rookie Season, Robert F. Blomquist
Playing On Words: Judge Richard A. Posner's Appellate Opinions, 1981-82--Ruminations On Sexy Judicial Opinion Style During An Extraordinary Rookie Season, Robert F. Blomquist
Law Faculty Publications
No abstract provided.