This section contains newspaper articles and other commentary related to nonpublication. Please check back often for updated articles.
The Value of Unpublished Opinions Moe Keshavarzi, Daily Journal, May 7, 2010
Confessions of a Non-Publication Troglodyte Gideon Kanner, Daily Journal, April 28, 2010
Judges Debate Unpublished Opinions John Roemer, Daily Journal, April 16, 2010
Democratic Attorney General hopeful Mike Schmier in legal crusade Paul Elias, Associated Press, April 3, 2010
Dems deem East Bay AG candidate... Josh Richman, March 31, 2010
A Judge’s Unusual Request: Don’t Print This in Westlaw or Lexis Debra Cassens Weiss; ABA Journal; March 11, 2010
Is Google Scholar a Worthy Adversary? Oliver Benn; Law Technology News; March 9, 2010
9th Circuit Dukes It Out Over Dicta John Roemer; Daily Journal; February 26, 2010.
California Appellate Court Refuses to Publish Anti-Camera Decision TheNewspaper.com; October 17, 2009
Articles / Obituaries related to the death of Prof. Stephen Barnett October 13, 2009
Ignorance of the Sausage Rick Horowitz; Probable Cause Blog; September 23, 2009 (pdf version)
Publishing Policy Challenged Laura Ernde; Daily Journal; September 16, 2009
Unpublished Appellate Opinions Are Still Commonplace Aaron S. Bayer; The National Law Journal; August 24, 2009
Alsup OKs No-Citation Rule, Denies Sanctions Mike McKee; The Recorder; July 29, 2009
Can We At Least Call Him a Persistent Litigant? Laura Ernde; LA/SF Daily Journal; July 28, 2009
Schmier Argues He's Not Vexatious (But Hey, The Dude is Tenacious) Mike McKee; LawBlog (Cal Law); July 21, 2009
Judge Blasts 'Forum Shopping' in Publication Case Mike McKee; The Recorder; July 17, 2009
Making the Case for Case Citations…Without Much Luck Rebecca Beyer; LA/SF Daily Journal; July 16, 2009
Keeping it quiet; Only a fraction of the details of the rulings of Maryland's second-highest appeals court are ever made widely available to the public Melissa Harris; Baltimore Sun; March 22, 2009
Unpublished Opinions in Federal Courts: An Interview with David Cleveland Law Librarian Blog; October 29, 2008
Should MD adopt the new federal rule regarding citing of unpublished cases? Michael Wein; Daily Record (Baltimore, MD); May 19, 2006
Need to reform unpublished opinions in Maryland Michael Wein; Daily Record (Baltimore, MD); September 19, 2003.
Discussion of Schmier v. Supreme Court, the very first case presented in the textbook used for the basic course in most California law schools. Cases and Materials on California Civil Procedure, 3d (American Casebook Series) Thompson West; David I. Levine, William R. Slomanson, Rochelle J. Shapell (2008)
Appeal Courts Publishing More, Barely Mike McKee; The Recorder; June 27, 2008
Hungry for Precedent Donald J. Kochan; Daily Journal; May 5, 2008
Debate Heats Up Over Unpublished Opinions Lorelei Laird; California Lawyer; May 2008. (Pdf scan of hard copy)
Is Governer Serious About Taxing Lawyers? Cheryl Miller; The Recorder; March 24, 2008. (Please scroll down to second half of article.)
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.)
A Quest to Get More Court Rulings Online, and Free John Markoff; The New York Times; August 20, 2007.
Appeal Courts Are Publishing More Cases The Recorder; July 19, 2007.
Chief Justice Derails Bill on Changing State's Citation Rules Linda Rapattoni; Daily Journal; June 22, 2007.
Raising the Bar: "Citing Unpublished Opinions" Paul Mark Sandler; The Daily Record; May 4, 2007.
A New Proposal to Permit Lawyers To Cite “Unpublished” Opinions: Does It Go Far Enough? Michael C. Dorf; FindLaw.com; September 2, 2003.
New Rule Challenges Meaning of Precedent Stephen R. Barnett; Daily Journal; January 26, 2007.
Uncovering Unpublished Opinions Laura M. Wilson; Daily Journal; January 18, 2007.
Unpublished Opinions Paul D. Fogel and David J. de Jesus; Daily Journal; Dec. 20, 2006.
California Supreme Court Amends Publication Rule, Encourages Certification of More Opinions Metropolitan News-Enterprise; December 13, 2006.
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.)
Commentary: What Do the Federal Appellate Procedure Rule Changes Mean for You? Howard J. Bashman, November 27, 2006
The Ninth Circuit and the No-Cite Rule Stephen R. Barnett; The Recorder April 21, 2006
To Cite or Not to Cite to Non-Precedential Opinions Howard J. Bashman, March 6, 2006
Court OKs Citation of Unpublished Opinions Brent Kendall; Daily Journal; April 14, 2006
Court Endorses Use of Unpublished Opinions Tony Mauro; Legal Times; April 12, 2006
Why Judge Alito Should Be Confirmed Kenneth and Michael Schmier; San Francisco Chronicle; January 18, 2006
Unpublished Opinions: Oh, the Shame of It! Stephen R. Barnett; Daily Journal; November 16, 2005
Justices Carve Exception to the No-Cite Rule Kenneth and Michael Schmier; The Recorder; November 4, 2005
Congress/Courts Study Use of Unpublished Opinions The Third Branch: Newsletter of the Federal Courts; July 2002
Advisory Panel Nixes Call to Publish All Appellate Rulings Linda Rapattoni; Daily Journal; October 19, 2005
Appellate court rule gets new weight Josh Richman; Oakland Tribune; September 22, 2005
Judicial Conference Supports Citing Unpublished Opinions Tony Mauro; Legal Times; September 21, 2005
Panel OKs Cites To Unpublished U.S. Opinions Brent Kendall and Linda Rapattoni; Daily Journal; September 21, 2005
Appellate court begins to put 'unpublished' rulings on Web Robert Schwaneberg; Star Ledger; September 20, 2005
Taking the Kozinski Challenge Cyrus Sanai; The Recorder; September 16, 2005
Conference to mull unpublished opinions Jeff Chorney; The Recorder; June 16, 2005
Red-light camera ruling stands Brian Martinez; Orange County Register; May 12, 2005
Slanted Survey Won't Help State's Publication Debate Prof. Stephen Barnett; Daily Journal; April 28, 2005
Panel OKs Rule on Citing Unpublished Opinions Linda Rapattoni; Daily Journal; April 25, 2005
Judiciary Guards its Secrets Linda Rapattoni; Daily Journal; February 16, 2005
Panel to Study Unpublished Opinions John Roemer; Daily Journal; November 24, 2004
Unpublished Court Decisions An Issue California Newspaper Publishers Association Bulletin; April 5, 2004
To Cite Or Not To Cite; Ask Illinois About Unpublished Cases Prof. Stephen Barnett; Daily Journal; October 7, 2004
You Can See, But Not Cite MacLean, Pamela; Daily Journal; Sep. 30, 2004
Article Raises Questions of Lobbying Secrecy Prof. Stephen Barnett; Daily Journal; September 20, 2004
Unpublished opinions and Blakely (also seen as "Courts Are Quirky About Publishing") Douglas A. Berman; Sentencing Law and Policy Blog; August 26, 2004
THERE IS HOPE! Some Lawyers Do Fight Injustice Of A Corrupted, Festering Judicial System! J. Jay Evenson; The Bachelor's Beat; August 27, 2004
Longtime Judiciary Lobbyist Brought Branches Together Linda Rapattoni; Daily Journal; September 7, 2004
Appeals court agrees tenancy law must go Bob Egelko; S.F. Chronicle; June 26, 2004
Injured Muni rider's lawsuit reinstated by appeals court Bob Egelko; S.F. Chronicle; September 8, 2004
Man Fights Depublication of Case Susan McRae; Daily Journal, August 19, 2004
Citation Rules Mean Equal Treatment Isn't Guaranteed Peter Blumberg; Daily Journal, August 19, 2004
Citation-Rule Change Hits Obstacle Brent Kendall; Daily Journal, June 18, 2004
New Rule Gives Lawyers More Flexibility in Choosing Citations Aimee Mackay and Catherine Valerio Barrad; Daily Journal; June 3, 2004
Rule Crusader; His Target: Court Opinions That Aren't Officially Published Young, Gary; National Law Journal; June 24, 2002
People Deserve the Right to Cite From Unpublished Decisions Schmier, Michael; Daily Journal; May 10, 2004
Courts Must Publish or Cut Bait; Gideon Kanner; Daily Journal; May 5, 2004
Courts' Work Deserves Publication Barnett, Stephen R.; Daily Journal; April 23, 2004
Courts Shouldn't Put Publishable Data In Unpublished Opinions Thompson, Robert S.; Daily Journal; April 2004
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
Giving Their Opinions; Committee Backs Rule Allowing Lawyers to Cite Unpublished Decisions Ward, Stephanie F.; ABA Journal eReport; April 23, 2004
The Law That Dare Not Speak Its Name Bashman, Howard J., April 12, 2004
Amid criticism, change in court moves forward; Court rule on citations Richman, Josh; The Argus; April 15, 2004
Judicial Conference Group Backs Citing of Unpublished Opinions Mauro, Tony; Legal Times; April 15, 2004
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
Kuehl floats bill on citation of unpublished opinions Chorney, Jeff; The Recorder; April 6, 2004
Kuehl Joins Fight For the Right to Cite Rapattoni, Linda; Daily Journal; March 26, 2004
Throught the Looking Glass: Humpty Dumpty and Opinions that Aren't Kionka, Edward J.; The Appellate Advocate; 2003 Issue 3
Shannon's Soapbox Shannon, Brian; The State Bar of Michigan Appellate Practice Section Newsletter; Fall 2000
Does Court Time-Saving Cost Liberty? Fulmer, Richard W.; The Foundation for Economic Education; November 2002
Losing Cite: The Anastasoff Rule Whitney, Mark; TheLaw.net; 2002
Taking Judicial Notice: Judges be praised! Pambianco, Robert V.; October 10, 2000
Academic Doesn't Understand Reality Andrew J. Guilford; Daily Journal; Mar 31, 2004
Publishing All Opinions Will Improve Judicial System In State Barnett, Stephen; Daily Journal; March 10, 2004
Lawmakers Must Resist Movement To Cite Unpublished Opinions Rylaarsdam, William; Daily Journal; March 3, 2004
Press Release: Staff Attorney Offices Help Manage Rising Caseloads United States Administrative Office of the Courts; Feb 17, 2004
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
In 2002, Small But Important Gains Were Achieved In The Battle To Abolish Non-Precedential Federal Appellate Opinions Bashman, Howard J.; Jan 13, 2003
2002 Brings New Developments In Controversy Over the Precedential Status of Unpublished Appellate Opinions Bashman, Howard J.; Jan 14, 2002
No-Citation Rules As A Prior Restraint On Attorney Speech Tusk, Marla Brooke; Columbia Law Review June 2, 2003
Kozinski-itis: Hypocrisy in the Unpublished Opinions Controversy L. Neuton, July 13, 2003
Federal Appeals Court Decisions May Go Public Adam Liptak, New York Times, December 25, 2002
Don't Issue Citations for Citations Stephanie Francis Cahill, ABA Journal e-Report (www.abanet.org), December 13, 2002
Out Of Cite? Stephen R. Barnett, San Francisco Daily Journal, November 18, 2002
Unpublished Opinions Rising, But Do They Help? Bruce M. Wexler and F. Christopher Mizzo, New York Law Journal, February 11, 2002
The End of Unpublished Decisions? Don't Count on It! Paul J. Glaser, Kane County Bar Association Bar Briefs, December, 2000
NEW DAY; California Unpublished Decisions to Be Posted Online Stephen R. Barnett, Scott Bennett, Maria Lin and Janet Tung; Daily Journal; Sep 26, 2001
Circuit Sticks to Its Opinion Policy Jason Hoppin, The Recorder, September 25, 2001
Unpublished Decisions: Caught Between Scylla and Charybdis Transcript of Discussion presented by The Bar Association of San Francisco, April 24, 2001
Judge Dodges Issue Over Publication Rules Pamela MacLean, San Francisco Daily Journal, March 27, 2001
A White Paper on Unpublished Opinions of the Court of Appeal Professor J. Clark Kelso and Joshua Weinstein, Appellate Process Task Force, March 2001
Letter to the Editor: 8th Circuit Ruling Revisited Sheryl Gordon McCloud, Washington State Bar News, February 2001
Keeping Mum Kills Precedents David Fine, The National Law Journal, February 15, 2001
Ruling Vacating Anastasoff Opinion U.S. Court of Appeals, December 18, 2000
Court Rules Unpublished Decisions Have Precedential Effect Thomas E. Zehnle, Litigation News, November, 2000
Unpublished No More Mary Alice Robbins, Law.com, November 2, 2000
Justice in the Dark Brigid McMenamin, Forbes Magazine, October 30, 2000.
Justices to Review Access to Opinions Frank Murray, Washington Times, October 27, 2000
Legal Shortcuts Run Into Some Dead Ends William Glaberson, The New York Times, October 8, 2000
Publication Rights Roger Parloff, The American Lawyer, October 5, 2000
Unpublished Opinions May Gain New Impact Tony Mauro, American Lawyer Media, September 5, 2000
Anastasoff Opinion Holding 8th Circuit Rule 28A(i) in part unconstitutional U.S. Court of Appeals, August 22, 2000
Publish or Perish Kenneth Schmier, Response to Please Don't Cite This, June, 2000
Please Don't Cite This Alex Kozinski and Stephen Reinhardt, California Lawyer, June, 2000
Schmier Campaign Stephen R. Barnett, Daily Journal, April 13, 2000
Arrest Sheds Light on Legal Practice Jane Futcher, Marin Independent Journal, September, 1999
The law's dirty little secret, Scott Winokur, San Francisco Examiner, December 29, 1998
Mom who left 8-year-old alone not a "common criminal," Marin Independent Journal, June 21, 1998
Replacing Stressed Juror Is Allowed; Conviction Upheld, Ana Marie Stolley, San Francisco Daily Journal
Insurance Executives, San Francisco Daily Journal, February 18, 1999
Lawyer says police violated man’s rights, Josh Richman
Personal Responsibility Vanishes, Joseph Perkins
The Year America Lost Its Innocence, David S. Broder
Thomas critizes "distorted" judicial nomination process, Kansas City Star
Agency blasts collegial approach, Associated Press
Your Honor, That Was a Forum, Not a Court Editorial, Marin Independent Journal, November 8, 1998
Marin Judges, Meet a Citizen Who Cries 'Foul Kenneth J. Schmier, Marin Independant Journal
Readers Forum: The Judge Should Apologize/ The IJ Should Apologize Marin Independent Journal, March 10, 1999
Lawyer Urges Marin Human Rights to Probe Arrest Jane Futcher, Marin Independent Journal, March 10, 1999
County Faces Wrongful Arrest Suit Jane Futcher, Marin Independent Journal, April 7, 1999
County Denies $10 Million False Arrest Claim Jane Futcher, Marin Independent Journal, May 19, 1999
He Makes a Good Case Editorial, Marin Independent Journal, June 11, 1999
Arrest Sheds Light on Legal Practice Jane Futcher, Marin Independent Journal, September 2, 1999
Nonpublished Rulings: Disorder in the Courts? Editorial, Marin Independent Journal, November 5, 1999
County Cuts Deal with Man Tossed Out of Judges Forum Jane Futcher, Marin Independent Journal, November 9, 1999
SF Man Finally Gets a Chance to Speak His Mind Jane Futcher, Marin Independent Journal, December 4, 1999
Attorney Gets His Say Before Supervisors Over Judicial Practice Jane Futcher, Marin Independent Journal, December 15, 1999
Less law is better than more, Mr. Schmier Albert Bianchi, Marin Independent Journal, January 11, 2000
2 Ways Our State Courts Keep Decisions Under Wraps, Kenneth Reich; Los Angeles Times, June 25, 1998.
Court Allows 'Unrecusals' For Judges Laura Ernde; Daily Journal; December 7, 2009
Kozinski Complaint Is Dismissed John Roemer; Daily Journal; December 1, 2009
Peter Shellem, Investigative Reporter Who Wrote About Wrongful Convictions, Dies at 49 Dennis Hevesi; New York Times, November 1, 2009.
Articles / Obituaries related to the death of Prof. Stephen Barnett October 13, 2009
Articles related to California Chief Justice Ronald George's criticism of the state's voter initiative system October 10, 2009
In California, justice takes a day off Ronald M. George; Los Angeles Times; September 14, 2009
California Courts Closing Its Doors J.A.I.L. News Journal; September 14, 2009
A Legal Battle: Online Attitude vs. Rules of the Bar John Schwartz; New York Times; September 13, 2009
Fewer Newspapers Fight to Open Court Proceedings Adam Liptak; New York Times, September 1, 2009
Pay cut, court closure have some judges in revolt Greg Moran; Sand Diego Union-Tribune; August 27, 2009
Kelso's Pay As Prison Receiver Takes Odd Route Cheryl Miller; The Recorder; August 17, 2009
Judges Seek Accountability, Transparency From AOC Amy Yarbrough; Daily Journal; August 14, 2009
Scientists side with Drakes Bay oyster farmer Peter Fimrite, SF Chronicle, May 6, 2009.
Scolding and a stiff sentence for Carona Christine Hanley, Los Angeles Times, April 27, 2009
Judge admits mistake, unseals lawsuit against Sharon Stone Harriet Ryan, Los Angeles Times, April 25, 2009
Judge, Charged With Bribery, Tells Wife, Kills Himself in Yard Los Angeles Times; November 15, 1986
Motion Ties W. Virginia Justice to Coal Executive Adam Liptak; New York Times; January 15, 2008
Doctors fight back against Internet critics Lindsey Tanner, Associated Press; March 4, 2009
Judges Plead Guilty in Scheme to Jail Youths for Profit Ian Urbina and Sean D. Hamill, New York Times, February 13, 2009.
Supreme Court weighs in on elected judge bias Mark Sherman, Associated Press, March 4, 2009
Ghost voting: A long history Seth Rosenfeld; San Francisco Chronicle; June 10, 2008
Let the record speak for itself San Francisco Chronicle; June 10, 2008
Other instances of "ghost voting" Seth Rosenfeld; San Francisco Chronicle; June 10, 2008
Assembly speaker moves to stop 'ghost voting' San Francisco Chronicle; June 11, 2008
State Lawmakers – Play by the Rules San Francisco Chronicle; June 8, 2008
Capital Chaos / An Absence of Accountability John Diaz; San Francisco Chronicle; June 8, 2008
Hiding Behind the Shield John Diaz; San Francisco Chronicle; April 13, 2008
2 Calif. groups file suit seeking voting records Steve Lawrence, AP, December 3, 2008
Suit seeks database on bills, lawmakers' votes Matthew Yi, San Francisco Chronicle, December 4, 2008
Open the windows to the state Capitol John Diaz, San Francisco Chronicle, December 7, 2008
It drives me crazy, figuratively, of course John Diaz; SF Chronicle; June 21, 2009
Tainted Trials; Stolen Justice A 3 year investigation of Santa Clara County criminal trials; San Jose Mercury News; January 22, 2006. Discussions of the impact of the rule forbidding citation to unpublished appeal opinions are at numerous places on the Tainted Trials Stolen Justice website including: Part 1, pages 2 (paragraphs 8-10) & page 9 (paragraphs 4-6); Part 2, page 2 (paragraph 5); Part 3, page 2 (paragraph 4), page 6 (paragraph 11), & page 7 (paragraph 5); Part 4, page 4 (paragraphs 7-10) & page 7 (paragraph 3); Part 5, page 2 (paragraphs 2 & 8), page 7 (paragraphs 1-3. 6, 9-11) , cognate articles on the website: "About the review" (paragraphs 4-5); and "Leading to Release of 6 defendants" page 3 (paragraph 10), page 4 (paragraphs 8-10), page 5 (paragraphs 1-4).
Closed courtroom leads to call for more access Bob Egelko; SF Chronicle; Saturday, October 25, 2008
Court Security Rules Under Consideration Amy Yarbrough; Daily Journal; October 24, 2008
Why How Matters Thomas L. Friedman; New York Times; October 15, 2008
Bill seeks report cards on higher education Tanya Schevitz; San Francisco Chronicle; June 11, 2008
Kozinski Gives New Life to Role of Chief Judge John Roemer; Daily Journal; June 9, 2008
Bill adds limits to access of cops’ history in brutality cases Bob Egelko, San Francisco Chronicle; April 12, 2008
Neutral Citation, Court Web Sites, and Access to Authoritative Case Law Peter W. Martin;. Cornell Legal Studies Research Paper No. 06-047; December 2006.
Google nudges state governments to open public records databases San Francisco Chronicle; April 30, 2007.
Referee Who Ejected Duncan Is Suspended San Francisco Chronicle; April 18, 2007
On tough issues, governor's go-to plan does little San Diego Union-Tribune; March 13, 2007
Spector trial renews debate on TV in courtroom Bob Egelko; SF Chronicle; April 25, 2007.
Unorthodox Campaign Arises From Grudge With State Bar Amy Yarbrough; Daily Journal; April 16, 2007.
JUICE VS. JUSTICE | A LOS ANGELES TIMES INVESTIGATION Michael J. Goodman and William C. Rempel, June 8-10, 2006
Framed: The New Right Attack on Chief Justice Bird and the Courts, by Betty Medsger. Pilgrim Press; New York; 1983. [Book, 297 pgs.]
Two Against One: Coalitions in Triads, by Theodore Caplow. Englewood Cliffs, N.J.: Prentice-Hall, 1968. [Book, 183 pgs.]
Growing Use of Private Judges Raises Questions of Fairness Ted Rohrlich, L.A. Times, December 26, 2000 (See also Penelope Pether Inequitable Injunctions: The Scandal of Private Judging in the U.S. Courts; 56 Stan. L. Rev. 1435 (2004)).
Private Justice Can Be Yours if You're Rich Michael Hiltzik; Los Angeles Times; March 16, 2006 (See also Penelope Pether Inequitable Injunctions: The Scandal of Private Judging in the U.S. Courts; 56 Stan. L. Rev. 1435 (2004)).