Perspective
Apr. 29, 2010
The Right Track: Publication as The Exception
In the long run, broader rules on publication and permissive citation to unpublished cases will not make us happier, writes Kira Klatchko of Best Best & Krieger.
Cutting-edge science now confirms what we have always known: People aren't that good at predicting what will make them happy in the long-run. We do not make rational decisions to maximize results, we make emotional decisions and rationalize the outcomes. Believe it our not, there is a lesson there for those advocating for the blurring or elimination of the line between published and unpublished appellate decisions. The initial emot...
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