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View Diary: 1000 Lawyers with Mario Cuomo Shame Congress Publically (136 comments)

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  •  What about unpublished opinions? (5+ / 0-)

    There was quite a stir in the law reviews after Anastasoff.  The rule as it now exists is that a judge only has to follow precedent when it takes that judge where s/he wants to go, as irregular and censurable appellate decisions can be buried in the legal grave of an unpublished (technically, non-precedential) opinion (even though in some jurisdictions, these decisions are secret law).

    Where has the legal community been on this one???

    Quite frankly, the problem in the judiciary is not so much a Republican Federalist vs. liberal one as it is the natural result of entrusting people with too much power without imposing a meaningful dose of accountability.  There are fouls on both sides of the aisle.

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