Category Archives: Non-Publication Rules

Kozinski-itis: Hypocrisy in the Unpublished Opinions Controversy

Judges ought to be more learned than witty, . . Francis Bacon These two messages comprised an article in Citizens Law Journal (2004)] The 9th Circuit’s non-publication rule (Circuit Rule 36-3) undermines the Doctrine of Precedent – the very foundation … Continue reading

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Comment regarding Proposed Fed.R.App.Proc. 32.1

[First published Mar 2, 2004 – republished here Dec 8, 2014] This is a comment sent by email to the Committee on Rules of Practice and Procedure of the Judicial Conference of the United States, regarding Proposed Fed.R.App.Proc. 32.1 (which would … Continue reading

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Kozinski-itis: Hypocrisy in the Unpublished Opinions Controversy

FRAP[First published Oct 16, 2003 (before FEDERAL RULE OF APPELLATE PROCEDURE 32.1) – republished here Dec 8, 2014] The 9th Circuit’s non-publication rule (Circuit Rule 36-3) undermines the Doctrine of Precedent –  the very foundation of Anglo-American law.  In a published … Continue reading

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