Opinions First - Argument Afterwards
Daniel J. Bussel
University of California, Los Angeles (UCLA) - School of Law
December 5, 2013
61 UCLA Law Review, 2014, Forthcoming
UCLA School of Law Research Paper No. 13-40
For twenty-five years, the California Supreme Court has operated under a bizarre internal operating procedure that requires majority and dissenting opinions to be written and agreed to prior to oral argument. This procedure squanders and demeans the parties’ formal opportunity for appellate argument, is inconsistent with traditional common law appellate process, and violates the state and federal Constitutions.
Number of Pages in PDF File: 64
Keywords: California Supreme Court, judicial opinions, judicial procedure, constitutional law, appellate processAccepted Paper Series
Date posted: December 7, 2013 ; Last revised: February 8, 2014
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