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What Ed Cooper Has Taught Me About The Realities And Complexities Of Appellate Jurisdiction And Procedure, Catherine T. Struve
What Ed Cooper Has Taught Me About The Realities And Complexities Of Appellate Jurisdiction And Procedure, Catherine T. Struve
University of Michigan Journal of Law Reform
In this brief essay, I will describe some of what I have learned from Ed Cooper as a fellow participant in the rulemaking process and as a coauthor of two volumes of his Federal Practice and Procedure treatise. To describe everything that Ed has taught me would require much more than the length of this essay. So instead, I will try to offer some representative examples-or, as Ed might say, some "sketches." Because others will discuss Ed's expert guidance of the Rules Committees' consideration of key issues concerning the Civil Rules, my discussion of Ed's scholarship and reporting work will …
Restrictions On Publication And Citation Of Judicial Opinions: A Reassessment, Robert J. Martineau
Restrictions On Publication And Citation Of Judicial Opinions: A Reassessment, Robert J. Martineau
University of Michigan Journal of Law Reform
In response to the "crisis of volume," state and federal appellate courts have been restricting the opinions they write to those opinions which will: (1) establish a new. rule of law or expand, alter, or modify an existing rule; (2) involve a legal issue of continuing public interest; (3) criticize existing law; or (4) resolve a conflict of authority. All other opinions are limited to brief statements of the reasons for the decision, go unpublished, and generally carry a prohibition against their being cited as precedent. Recently, critics have alleged a number of faults with this practice, including the supposed …
The Journal: After A Decade, Alexander R. Domanskis
The Journal: After A Decade, Alexander R. Domanskis
University of Michigan Journal of Law Reform
Our legal institutions must have the flexibility to adapt to rapidly changing conditions. Often, laws are passed and implemented at a time when changed circumstances make them outmoded or unworkable. The legal community thus faces an enormous and important challenge: law reform. Legislatures, the framers of policies and the makers of law, need suggestions for law reform. Courts, the interpreters of the laws and the arbiters of private and public disputes, need guidance in dealing with new situations and new statutes. Administrative agencies, the delegated experts carrying out the legislative mandate, need guidance in defining their functions and roles. Suggestions …