Monday, August 8, 2016

Making Law in the Dark

Image result for no erasers
Rather than erasing opinions,
how about erasing the depublication rule?
That's the title of today's DJ article by Justice Tony Kline and appellate lawyer Jerry Falk about how the recent demise of automatic depublication when the Supremes grant review "is a significant improvement, but it corrects only one part of the problem." The next step is to do away with the Supreme Court's power to summarily and selectively depublish any Court of Appeal opinion.
A much more detailed version of today's DJ article, will be the lead article in the next issue (vol. 29, issue 2) of California Litigation.