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The Ethical Conundrums of Unpublished Opinions
Here’s a new, all-you-ever-wanted-to-know plus more article about unpublished/depublished/non precedential/etc. decisions: “The Ethical Conundrums of Unpublished Opinions” Shenoa L. Payne 44 Willamette...
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Draining the Morass: Ending the Jurisprudentially Unsound Unpublication System
“Draining the Morass: Ending the Jurisprudentially Unsound Unpublication System“ Marquette Law Review, Vol. 92, 2009 NSU Shepard Broad Law Center Research Paper No. 08-012 DAVID R. CLEVELAND, Nova...
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i.lex – Legal Research System for International Law in U.S. Courts
The American Society of International Law (ASIL) has released its i.lex database of U.S. case law interpreting international law. Here is the description of the database from ASIL’s Web site: This...
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“Much Ado About Dictum; or, How to Evade Precedent Without Really Trying: The...
“Much Ado About Dictum; or, How to Evade Precedent Without Really Trying: The Distinction between Holding and Dictum“ JOSH BLACKMAN, George Mason University – School of Law From the birth of our...
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An Analysis of Ideological Effects in Published Versus Unpublished Judicial...
From Journal of Empirical Legal Studies, Vol. 6, No. 1, March 2009, pp. 213-39 An Analysis of Ideological Effects in Published Versus Unpublished Judicial Opinions Denise M. Keele, Robert W....
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Digging up a discredited precedent
Intriguing item from the “national treasure” (called such by Rachel Maddow) SCOTUSblog: Digging up a discredited precedent Tuesday, June 9th, 2009 3:07 pm | Lyle Denniston | Sometimes, it is a mystery...
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Writing the book on citing unpublished and non-precedential opinions
Today’s mail brought Volume 10, Issue # 1 (Spring 2009) of The Journal of Appellate Practice and Procedure. This issue contains Professor David R. Cleveland’s book-length (116 pages) article...
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Clear as Mud: How the Uncertain Precedential Status of Unpublished Opinions...
“Clear as Mud: How the Uncertain Precedential Status of Unpublished Opinions Muddles Qualified Immunity Determinations” DAVID R. CLEVELAND, Nova Southeastern University – Shepard Broad Law Center...
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Local Rules in the Wake of Federal Rule of Appellate Procedure 32.1
“Local Rules in the Wake of Federal Rule of Appellate Procedure 32.1″ DAVID R. CLEVELAND, Nova Southeastern University – Shepard Broad Law Center Adoption of the Federal Rule of Appellate Procedure...
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Becoming the “compleat lawyer” the Aldisert way
From time to time I will get a call or e-mail from a proud parent whose son or daughter has been admitted to Stanford Law School. The parent wants my advice on a book for their accomplished child to...
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