Seeing the Error of Their Ways
Chad Oldfather has a new article on SSRN entitled “Error Correction.” Having analyzed various other aspects of the appellate process in earlier articles, Chad here turns to the most mundane function of the appellate court. Where most scholarship on appellate process focuses on the lawmaking authority of appellate courts, few cases actually result in appellate courts breaking important new legal ground; more commonly, appellate review is simply a search for error based on established precedents. But what exactly is “error”? The question has received little scholarly attention to date, but Chad now remedies that neglect in his characteristically thoughtful fashion. Here is the abstract of his article, which is forthcoming in the Indiana Law Journal: