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Jurisprudence Commons

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Articles 1 - 4 of 4

Full-Text Articles in Jurisprudence

Precedent And Justice, William D. Bader, David R. Cleveland Jan 2011

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 The appellate courts' practice of issuing unpublished, non-precedential opinions has generated considerable discussion about the value of precedent, but that debate has centered on pragmatic and formalistic values. This essay argues that the practice of issuing non-precedential opinions does more than offend constitutional dictates and present pragmatic problems to the appellate system; abandoning precedent undermines justice itself. Issuance of the vast majority of decisions as nonprecedential tears …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 Jan 2010

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 Jan 2009

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 Jan 2000

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.