Judge Nullification: A Perception of Unpublished Opinions

Posted: 28 Apr 2010 Last revised: 25 Aug 2011

See all articles by Rafi Moghadam

Rafi Moghadam

affiliation not provided to SSRN

Date Written: March 5, 2010

Abstract

This article tests the constitutionality of California's prohibition on citation to unpublished court opinions against the State's Judicial Notice Statute and the intent behind Article VI ยง 14 of the California Constitution (banning opinionless judgments). The article examines the history and evolution of California's publication system, and analyzes the role of the no-citation rule (CRC 8.1115(a), formerly Rule 977) within that system. The discussion identifies flaws in the premise behind the no-citation rule, explains the rule's unconstitutionality, and considers threats posed by it to the rule of law. 62 Hastings L.J. 1397 (2011).

Keywords: Law, citation, rule, 8.1115, no-citation, unpublished, court, certify, publication, judicial notice, cited, cite, rely, depublish, publish, opinion, rule of court, court rule

Suggested Citation

Moghadam, Rafi, Judge Nullification: A Perception of Unpublished Opinions (March 5, 2010). Available at SSRN: https://ssrn.com/abstract=1596173

Rafi Moghadam (Contact Author)

affiliation not provided to SSRN ( email )

Register to save articles to
your library

Register

Paper statistics

Abstract Views
496
PlumX Metrics