Abstract

http://ssrn.com/abstract=889449
 
 

Footnotes (28)



 


 



The Dubitante Opinion


Jason J. Czarnezki


Pace University - School of Law


Akron Law Review, Vol. 39, 2006
Marquette Law School Legal Studies Paper No. 06-15

Abstract:     
The 2004 Term of the United States Supreme Court resulted in 203 full opinions written, including 61 concurrences and 63 dissents. Judicial use of these three basic opinion types, the majority, concurring and dissenting opinions or variations thereof (e.g., concurring in part and dissenting in part) has been the norm in the Court and lower federal courts over recent decades. Yet, another type of opinion exists - the dubitante opinion. Judges rarely write dubitante opinions or use the term, and informal polling suggests not many legal scholars are aware of the practice. This short Essay endeavors to shed some light on the use of the term dubitante in judicial opinions and spark discussion as to the merits of the dubitante opinion - What is a dubitante opinion? When was the term first used, and how often is the term used? Who uses it and how? What are the consequences of its use?

Number of Pages in PDF File: 8

Keywords: opinion, dubitante

Accepted Paper Series


Download This Paper

Date posted: March 10, 2006  

Suggested Citation

Czarnezki, Jason J., The Dubitante Opinion. Akron Law Review, Vol. 39, 2006; Marquette Law School Legal Studies Paper No. 06-15. Available at SSRN: http://ssrn.com/abstract=889449

Contact Information

Jason J. Czarnezki (Contact Author)
Pace University - School of Law ( email )
78 North Broadway
White Plains, NY 10603
United States
Feedback to SSRN


Paper statistics
Abstract Views: 2,967
Downloads: 554
Download Rank: 26,590
Footnotes:  28

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.235 seconds