This section contains newspaper articles and other commentary related to nonpublication. Please check back often for updated articles.
1.
Appeal Courts Publishing More, Barely Mike McKee; The Recorder; June 27, 2008
2.
Hungry for Precedent
Donald J. Kochan; Daily
Journal; May 5, 2008
3.
Debate Heats Up Over Unpublished Opinions Lorelei Laird;
4.
Is Governer Serious About Taxing Lawyers? Cheryl
Miller; The Recorder; March 24, 2008.
(Please scroll
down to second half of article.)
5.
Rules for Unpublished Opinions Violate Due Process, Suit Says Linda Rapattoni; Daily Journal; October
5, 2007.
(Please see the
Complaint
| Underlying unpublished
appellate opinion, described in
the above article.)
6.
A Quest to Get More Court Rulings Online, and Free John Markoff; The New York Times; August
20, 2007.
7.
Appeal Courts
Are Publishing More Cases The Recorder; July 19, 2007.
8. Chief Justice Derails Bill on Changing State's Citation Rules Linda Rapattoni; Daily Journal; June 22, 2007.
9. A New Proposal to Permit Lawyers To Cite “Unpublished” Opinions: Does It Go Far Enough? Michael C. Dorf; FindLaw.com; September 2, 2003.
10. New Rule Challenges Meaning of Precedent Stephen R. Barnett; Daily Journal; January 26, 2007.
11. Uncovering
Unpublished Opinions
Laura M. Wilson; Daily Journal; January 18, 2007.
12. Unpublished
Opinions Paul D.
Fogel and David J. de Jesus; Daily Journal; Dec. 20, 2006.
13. California Supreme Court Amends Publication Rule, Encourages Certification of More Opinions Metropolitan News-Enterprise; December 13, 2006.
14. Top
Court Presses Appellates to Publish More Amy Yarbrough and Itir
Yakar; Daily Journal; Dec. 13, 2006. (Pdf scan of L.A. edition and S.F. edition.)
15. Commentary:
What Do the Federal Appellate Procedure Rule Changes Mean for You?
Howard J. Bashman, November 27, 2006
16. The
Ninth Circuit and the No-Cite Rule Stephen R. Barnett; The
Recorder April 21, 2006
17. To Cite or Not to Cite to
Non-Precedential Opinions Howard J. Bashman, March 6, 2006
18. Court
OKs Citation of Unpublished Opinions Brent Kendall; Daily
Journal; April 14, 2006
19. Court Endorses Use of
Unpublished Opinions Tony Mauro; Legal Times; April 12,
2006
20. Why
Judge Alito Should Be Confirmed Kenneth and Michael Schmier;
21. Unpublished
Opinions: Oh, the Shame of It! Stephen R. Barnett;
Daily Journal; November 16, 2005
22. Justices
Carve Exception to the No-Cite Rule Kenneth and Michael Schmier; The Recorder; November 4, 2005
23. Congress/Courts Study Use of
Unpublished Opinions The Third Branch: Newsletter of the Federal
Courts; July 2002
24. Advisory Panel Nixes Call to Publish
All Appellate Rulings Linda Rapattoni; Daily Journal; October
19, 2005
25. Appellate court rule gets new weight
Josh Richman;
26. Judicial Conference Supports Citing
Unpublished Opinions Tony Mauro; Legal Times; September 21, 2005
27. Panel OKs Cites To Unpublished U.S.
Opinions Brent Kendall and Linda Rapattoni; Daily Journal;
September 21, 2005
28. Appellate court begins to put 'unpublished'
rulings on Web Robert Schwaneberg; Star Ledger; September 20,
2005
29. Taking the Kozinski Challenge Cyrus
Sanai; The Recorder; September 16, 2005
30. Conference to mull unpublished opinions Jeff Chorney;
The Recorder; June 16, 2005
31. Red-light camera ruling stands
Brian Martinez; Orange County Register; May 12, 2005
32. Slanted Survey Won't Help State's
Publication Debate Prof. Stephen Barnett; Daily Journal; April
28, 2005
33. Panel OKs Rule on Citing Unpublished
Opinions Linda
Rapattoni; Daily Journal; April 25, 2005
34. Judiciary Guards its Secrets Linda
Rapattoni; Daily Journal; February 16, 2005
35. Panel to Study Unpublished Opinions
John Roemer; Daily Journal; November 24, 2004
36. Unpublished Court Decisions
An Issue
37. To Cite Or Not To Cite; Ask Illinois About
Unpublished Cases Prof. Stephen Barnett; Daily Journal; October 7, 2004
38. You Can See, But Not Cite
MacLean, Pamela; Daily Journal; Sep. 30, 2004
39. Article Raises Questions of Lobbying
Secrecy Prof. Stephen Barnett; Daily Journal; September 20, 2004
40. Unpublished opinions and Blakely (also seen as "Courts Are Quirky About Publishing") Douglas A. Berman; Sentencing Law and Policy Blog; August 26, 2004
41. THERE IS HOPE! Some Lawyers Do Fight Injustice Of A Corrupted, Festering Judicial System! J. Jay Evenson; The Bachelor's Beat; August 27, 2004
42. Longtime Judiciary Lobbyist Brought Branches Together Linda Rapattoni; Daily Journal;
September 7, 2004
43. Appeals court agrees tenancy law must go
Bob Egelko; S.F. Chronicle; June 26, 2004
44. Injured Muni rider's lawsuit reinstated by
appeals court Bob Egelko; S.F. Chronicle; September 8, 2004
45. Man Fights Depublication of Case Susan
McRae; Daily Journal, August 19, 2004
46. Citation Rules Mean Equal Treatment Isn't
Guaranteed Peter Blumberg; Daily Journal, August 19, 2004
47. Citation-Rule Change Hits Obstacle
Brent Kendall; Daily Journal, June 18, 2004
48. New Rule Gives Lawyers More Flexibility in
Choosing Citations Aimee Mackay and Catherine Valerio Barrad; Daily
Journal; Jun 3, 2004
50. Rule Crusader; His Target: Court Opinions
That Aren't Officially Published Young, Gary; National Law
Journal; June 24, 2002
51. People Deserve the Right to Cite From
Unpublished Decisions Schmier, Michael; Daily Journal; May 10,
2004
52. Courts Must Publish or Cut Bait;
Gideon Kanner; Daily Journal; May 5, 2004
53. Courts' Work Deserves Publication
Barnett, Stephen R.; Daily Journal; April 23, 2004
54. Courts Shouldn't Put Publishable Data In
Unpublished Opinions Thompson, Robert S.; Daily Journal; April
2004
55. Bill On Unpublished Opinions Dropped;
The chief justice agrees to study how the rules are applied, but remains
opposed to such cites Rapattoni, Linda; Daily Journal; April
26, 2004
56. Giving Their Opinions; Committee Backs Rule
Allowing Lawyers to Cite Unpublished Decisions Ward, Stephanie
F.; ABA Journal eReport; April 23, 2004
57. The Law That Dare Not Speak Its Name
Bashman, Howard J., April 12, 2004
58. Amid criticism, change in court moves
forward; Court rule on citations Richman,
Josh; The Argus; April 15, 2004
59. Judicial Conference Group Backs Citing
of Unpublished Opinions Mauro, Tony; Legal Times; April 15, 2004
60. Difference of Opinion; Should judges make more rulings available as precedent? How
an obscure proposal is dividing the federal bench Mauro, Tony; Legal
Times; April 12, 2004
61. Kuehl floats bill on citation of unpublished
opinions Chorney, Jeff; The Recorder; April 6, 2004
62. Kuehl Joins Fight For the Right to
Cite Rapattoni, Linda; Daily Journal; March 26, 2004
63. Throught the Looking Glass: Humpty Dumpty and
Opinions that Aren't Kionka, Edward J.; The Appellate Advocate; 2003
Issue 3
64. Shannon's Soapbox Shannon, Brian; The
State Bar of
65. Does Court Time-Saving Cost Liberty?
Fulmer, Richard W.; The Foundation for Economic Education; November 2002
66. Losing Cite: The Anastasoff Rule
Whitney, Mark; TheLaw.net; 2002
67. Taking Judicial Notice: Judges be praised!
Pambianco, Robert V.; October 10, 2000
68. Academic Doesn't Understand Reality
Andrew J. Guilford; Daily Journal; Mar 31, 2004
69. Publishing All Opinions Will Improve
Judicial System In State Barnett, Stephen; Daily Journal; March 10,
2004
70. Lawmakers Must Resist Movement To Cite
Unpublished Opinions Rylaarsdam, William; Daily Journal; March 3, 2004
71. Press Release: Staff Attorney Offices Help
Manage Rising Caseloads United States Administrative Office of the
Courts; Feb 17, 2004
72. The Fight to Cite; The 9th Circuit Is a
Vocal and Formidable Opponent of the Move To Let Lawyers Cite Unpublished
Opinions MacLean, Pamela; Feb 6, 2004
73. In 2002, Small But Important Gains Were
Achieved In The Battle To Abolish Non-Precedential Federal Appellate Opinions Bashman,
Howard J.; Jan 13, 2003
74. 2002 Brings New Developments In Controversy
Over the Precedential Status of Unpublished Appellate Opinions Bashman,
Howard J.; Jan 14, 2002
75. No-Citation Rules As A Prior Restraint On
Attorney Speech Tusk, Marla Brooke;
76. Kozinski-itis: Hypocrisy in the
Unpublished Opinions Controversy L. Neuton, July 13, 2003
77. Federal Appeals Court Decisions May Go
Public Adam Liptak, New York Times, December 25, 2002
78. Don't Issue Citations for Citations Stephanie Francis Cahill, ABA Journal e-Report (www.abanet.org), December 13, 2002
79. Out Of Cite? Stephen R. Barnett,
80. Unpublished Opinions
Rising, But Do They Help? Bruce M. Wexler and F. Christopher Mizzo,
81. The End of Unpublished Decisions? Don't
Count on It! Paul J. Glaser, Kane County Bar Association Bar Briefs,
December, 2000
82. NEW DAY; California Unpublished Decisions to Be Posted Online
Stephen R. Barnett, Scott Bennett, Maria Lin and Janet Tung; Daily Journal; Sep
26, 2001
83. Circuit
Sticks to Its Opinion Policy Jason Hoppin, The Recorder, September 25,
2001
84. Unpublished Decisions: Caught Between
Scylla and Charybdis Transcript of Discussion presented by The Bar
Association of San Francisco, April 24, 2001
85. Judge Dodges
Issue Over Publication Rules Pamela MacLean,
86. A
White Paper on Unpublished Opinions of the Court of Appeal Professor J.
Clark Kelso and Joshua Weinstein, Appellate Process Task Force, March 2001
87. Letter to the Editor: 8th Circuit Ruling
Revisited Sheryl Gordon McCloud, Washington State Bar News, February
2001
88. Keeping Mum Kills Precedents David Fine, The National Law
Journal, February 15, 2001
89. Ruling Vacating Anastasoff
Opinion
90. Court Rules Unpublished Decisions Have
Precedential Effect Thomas E. Zehnle, Litigation News, November, 2000
91. Unpublished No More Mary Alice Robbins, Law.com, November
2, 2000
92. Supreme Court Refuses Bid... Josh Richman, The
93. Justice
in the Dark Brigid McMenamin, Forbes Magazine, October 30, 2000.
94. Justices to Review Access to Opinions
Frank
95. Legal Shortcuts Run Into Some Dead Ends
William Glaberson, The New York Times, October 8, 2000
96. Publication Rights Roger Parloff, The American Lawyer,
October 5, 2000
97. Unpublished Opinions May Gain New Impact Tony Mauro,
American Lawyer Media, September 5, 2000
98. Anastasoff Opinion Holding 8th
Circuit Rule 28A(i) in part unconstitutional U.S. Court of Appeals,
August 22, 2000
99. Publish or Perish
Kenneth Schmier, Response to Please Don't Cite This, June, 2000
100.
Please
Don't Cite This Alex Kozinski and Stephen Reinhardt,
101.
Arrest Sheds Light
on Legal Practice Jane Futcher, Marin Independent Journal, September,
1999
102.
The law's dirty
little secret, Scott Winokur, San Francisco Examiner, December 29, 1998
103.
Mom who left
8-year-old alone not a "common criminal," Marin Independent
Journal, June 21, 1998
104.
Replacing Stressed
Juror Is Allowed; Conviction Upheld, Ana Marie Stolley,
105.
Insurance
Executives,
106.
Lawyer says police
violated man’s rights, Josh Richman
107.
Personal
Responsibility Vanishes, Joseph Perkins
108.
The Year America
Lost Its Innocence, David S. Broder
109.
Thomas critizes
"distorted" judicial nomination process, Kansas City Star
110.
Agency blasts collegial
approach, Associated Press
1.
Your Honor, That
Was a Forum, Not a Court
Editorial, Marin Independent Journal, November 8, 1998
2.
Marin Judges, Meet
a Citizen Who Cries 'Foul
Kenneth J. Schmier, Marin Independant Journal
3.
Readers Forum: The
Judge Should Apologize/ The IJ Should Apologize Marin Independent Journal, March 10, 1999
4.
Lawyer Urges Marin
Human Rights to Probe Arrest
Jane Futcher, Marin Independent Journal, March 10, 1999
5.
County Faces
Wrongful Arrest Suit Jane
Futcher, Marin Independent Journal, April 7, 1999
6.
County Denies $10
Million False Arrest Claim Jane
Futcher, Marin Independent Journal, May 19, 1999
7.
He Makes a Good
Case Editorial, Marin
Independent Journal, June 11, 1999
8.
Arrest Sheds Light
on Legal Practice Jane Futcher,
Marin Independent Journal, September 2, 1999
9.
Nonpublished
Rulings: Disorder in the Courts?
Editorial, Marin Independent Journal, November 5, 1999
10.
County Cuts Deal
with Man Tossed Out of Judges Forum
Jane Futcher, Marin Independent Journal, November 9, 1999
11.
SF Man Finally
Gets a Chance to Speak His Mind
Jane Futcher, Marin Independent Journal, December 4, 1999
12.
Attorney Gets His
Say Before Supervisors Over Judicial Practice Jane Futcher, Marin Independent Journal,
December 15, 1999
13. Less law is better than more, Mr. Schmier Albert Bianchi, Marin Independent Journal, January 11, 2000
1. 2 Ways Our State Courts Keep Decisions Under Wraps, Kenneth Reich
1.
Ghost voting: A long history Seth Rosenfeld; San Francisco Chronicle;
June 10, 2008
2.
Let the record speak for itself San Francisco Chronicle; June 10, 2008
3.
Other instances of "ghost voting" Seth Rosenfeld; San Francisco Chronicle;
June 10, 2008
4.
Assembly speaker moves to stop 'ghost voting'
5.
Bill seeks report cards on higher education Tanya Schevitz; San Francisco Chronicle;
June 11, 2008
6.
Kozinski Gives New Life to Role of Chief Judge John Roemer; Daily Journal; June 9, 2008
7.
State Lawmakers – Play by the Rules San Francisco Chronicle; June 8, 2008
8.
Capital Chaos / An Absence of Accountability John Diaz;
9.
Hiding Behind the Shield
John Diaz;
10.
Bill adds limits to access of cops’ history in brutality
cases Bob Egelko, San Francisco
Chronicle; April 12, 2008
11.
Motion Ties W. Virginia Justice to Coal Executive Adam Liptak; New York Times; January 15,
2008
12.
Neutral Citation, Court Web Sites, and Access to
Authoritative Case Law Peter W.
Martin;. Cornell Legal Studies Research Paper No. 06-047; December 2006.
13.
Google nudges state governments to open public records
databases San Francisco
Chronicle; April 30, 2007.
14.
Referee Who Ejected Duncan
Is Suspended San Francisco Chronicle; April 18, 2007
15.
On tough issues,
governor's go-to plan does little
16.
Spector trial renews debate on TV in courtroom Bob Egelko; SF Chronicle; April 25,
2007.
17.
Unorthodox Campaign Arises From Grudge With State
Bar Amy Yarbrough; Daily Journal; April 16, 2007.
18.
JUICE VS. JUSTICE | A LOS ANGELES TIMES
INVESTIGATION Michael
J. Goodman and William C. Rempel, June 8-10, 2006
19.
Private
Justice Can Be Yours if You're Rich Michael Hiltzik; Los Angeles
Times; March 16, 2006
20.
Framed: The New Right Attack on Chief Justice Bird and the Courts,
by Betty Medsger. Pilgrim Press;
21.
Two Against One:
Coalitions in Triads, by Theodore Caplow.
22.
Growing Use
of Private Judges Raises Questions of Fairness Ted Rohrlich,