First Steps Toward Electronic Filing in Wisconsin State Appellate Courts

Last week the Wisconsin Supreme Court unanimously approved two petitions, one by the Wisconsin Court of Appeals (08-15) and one by the Clerk of the Wisconsin Supreme Court (08-18), to require filing of an electronic copy of briefs and petitions for review.  The State Bar reports that the court rejected a portion of the proposed rule that would have barred the public from accessing the electronic filings.  Instead, the court determined that electronic copies of filed documents should be made accessible to the public as soon as possible.  The only exception will be for appendices; filing of electronic copies of appendices will be optional, not mandatory, and the scanned appendices will not be made accessible to the public.  The Bar further reports, “Although both petitions seek an effective date of July 1, 2009, for the proposed rules, it is expected that the system will be up and running before then, and the petitioners hope lawyers will begin using the system on a voluntary basis early in 2009.”

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Should Non-Precedential Opinions Be “Precedential But Overrulable” Opinions?

A post at Legal Theory Blog alerted me to Amy E. Sloan‘s new article, If You Can’t Beat ‘Em, Join ‘Em:  A Pragmatic Approach to Nonprecedential Opinions in the Federal Appellate Courts, 86 Neb. L. Rev. 895 (2008), available on SSRN.  Amy Sloan is an Associate Professor of Law and Co-Director of the Legal Skills program at University of Baltimore School of Law.  She is well known to legal writing professors, and to many law students, as the author of a popular legal research textbook, Basic Legal Research: Tools and Strategies.

Sloan makes an interesting argument, advocating that Federal Rule of Appellate Procedure 32.1 be amended to assign non-precedential opinions a sort of “mixed” precedential value, specifically, that “non-precedential opinions [would be] binding unless overruled by a later panel’s precedential opinion.”  She contends that giving non-precedential cases this “‘overrulable’ status” would ensure that the opinions’ precedential weight would “correspond[] to their position within the traditional hierarchy of federal decisional law.”  

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Appreciating Our Professors: Remembering Professor Bork

This is the first in a series of posts this month remembering law professors who influenced us.

When I looked over the courses for my first semester of law school, I realized I had a fellow named Robert Bork for Constitutional Law. This meant nothing particularly important to me at the time. It was well before his nomination for the United States Supreme Court, and he was just another professor in my mind. However, I soon realized that the good professor would be quite different than others to whom I was assigned. The politics of the law school in those days were for the most part toward liberal or even to the left of liberal, but Professor Bork was a staunch conservative. Each of his classes was an intense argument about what the Constitution meant or should be understood to mean, and he never gave an inch in a room full of students who for the most part did not agree with him. Still playing in my mind is the whole week of classes in which Professor Bork insisted cases championing the principle of one man, one vote were inconsistent with the Framers’ intent.

Bork never convinced me that he had the correct read on the Constitution, and I actually moved farther and farther away from his conservatism the longer I studied with him. Yet Professor Bork demonstrated for me a way to teach law. He insisted the law had to be taken seriously and that it had ramifications. He didn’t come to class to show us how smart he was or to play stylized teacher-student games. He closed the door, loosened his tie, and tried to articulate what was the best and most valuable way to understand what we were studying. It was a variety of earnest, engaged teaching that I wish was a bigger part of the contemporary legal academy.

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