JUDGE NULLIFICATION: A PERCEPTION OF UNPUBLISHED OPINIONS

Back in 1974, the California Supreme Court took the ground-breaking step of creating an appellate rule that barred citation to unpublished opinions. The “no-citation rule” was designed to facilitate legal research by limiting the universe of citable cases. Over time, however, the rule has proven to be a mechanism for questionable discrimination against unpublished decisions. Unpublished appellate opinions are restricted supposedly based on characteristics shared by them–chiefly, unoriginal content–when in fact these cases often exhibit vibrant legal discourse…..

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