Unpublished Judicial Opinions: Hearing Before the Subcommittee on Courts, the Internet, and Intellectual Property of the Committee on the Judiciary, House of Representatives, One Hundred Seventh Congress, Second Session, June 27, 2002 |
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9th Cir Alcan Alex Kozinski allow citation Anastasoff appellate court APPELLATE PRACTICE applied argued argument banc binding precedent California citable citation of unpublished Citation Rule COBLE collateral estoppel Committee common law conflict Congress considered constitutional COURT RULES courts of appeals curiam deci decided dissenting district court doctrine established fact Federal Appendix federal courts Framers Hart History of Judicial JOURNAL OF APPELLATE Judge Alito Judge Arnold Judge Kozinski judgment judicial power Justice lawyers lished litigants memdispos Ninth Circuit no-citation rules non-precedential opinions nonpublication opin overrule panel parties persuasive PRACTICE AND PROCESS precedential opinions precedential value principle Publication Standards published question reason res judicata resolve rule of law Salibra Schmier SCHWARZMACRO stare decisis supra note supra note 62 Supreme Court tion U.S. CONST uncitable United States Court unpublished decisions unpublished dispositions unpublished opinions VIRGINIA LAW REVIEW WEST VIRGINIA LAW Westlaw writing written opinion
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Page 152 - Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place. It may be a reflection on human nature that such devices should be necessary to control the abuses of government. But what is government itself but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men...
Page 149 - To avoid an arbitrary discretion in the courts, it is indispensable that they should be bound down by strict rules and precedents which serve to define and point out their duty in every particular case that comes before them; and it will readily be conceived from the variety of controversies which grow out of the folly and wickedness of mankind that the records of those precedents must unavoidably swell to a very considerable bulk and must demand long and laborious study to acquire a competent knowledge...
Page 290 - The weight of such a judgment in a particular case will depend upon the thoroughness evident in its consideration, the validity of its reasoning, its consistency with earlier and later pronouncements, and all those factors which give it power to persuade, if lacking power to control.
Page 144 - The judiciary, on the contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever.
Page 26 - Let every nation know, whether it wishes us well or ill, that we shall pay any price, bear any burden, meet any hardship, support any friend, oppose any foe to assure the survival and the success of liberty.
Page 149 - Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both ; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws rather than by those which are not fundamental.
Page 317 - Such a stringent rule may sometimes bar trial by judges who have no actual bias and who would do their very best to weigh the scales of justice equally between contending parties. But to perform its high function in the best way "justice must satisfy the appearance of justice.
Page 151 - ... where the whole power of one department is exercised by the same hands which possess the whole power of another department, the fundamental principles of a free constitution are subverted.
Page 152 - If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself.
Page 144 - I agree that there is no liberty, if the power of judging be not separated from the legislative and executive powers.