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Perspective

Apr. 29, 2010

Confessions of a Non-Publication Troglodyte

With judges debating over unpublished appellate opinions, Gideon Kanner of Loyola Law School explains why it's deja vu all over again.

By Gideon Kanner

It's deja vu all over again. A headline in this newspaper tells us that "Judges Debate Unpublished Opinions". Again. Unpublished appellate opinions have been around for some 45 years, but their legitimacy has never been fully accepted, and they are still a source of controversy. The idea of nonpublication of appellate opinions made its debut in 1965 as a response to the proliferation of Cal.App.2d volumes that were go...

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