Silencing the Appellant's Voice: The Antitherapeutic Per Curiam Affirmance

Posted: 26 Jun 2001

See all articles by Bruce J. Winick

Bruce J. Winick

University of Miami School of Law

Amy Ronner

St. Thomas University - School of Law

Abstract

Appellate courts are increasingly deciding cases without issuing a formal opinion. The most frequent instance of this is the per curiam affirmance. While the per curiam affirmance can be justified on efficiency grounds, it may have antitherapeutic effects for the party who appealed. This article uses psychological theory to examine these antitherapeutic effects, and to propose a remedy: the use of a short therapeutic or speaking affirmance. In particular, the literature on the psychology of procedural justice and its application to this context is explored. The article applies the approach of therapeutic jurisprudence by seeking to identify the antitherapeutic consequences of this legal practice, and to make recommendations designed to avoid or minimize them. If followed, the recommendations made can help to provide a measure of healing for the appellant who has lost his or her appeal.

Suggested Citation

Winick, Bruce J. and Ronner, Amy, Silencing the Appellant's Voice: The Antitherapeutic Per Curiam Affirmance. Available at SSRN: https://ssrn.com/abstract=274975

Bruce J. Winick (Contact Author)

University of Miami School of Law ( email )

P.O. Box 248087
Coral Gables, FL 33146
United States
304-284-3031 (Phone)
304-284-3210 (Fax)

HOME PAGE: http://www.brucewinick.com

Amy Ronner

St. Thomas University - School of Law ( email )

16401 N.W. 37th Ave.
Miami, FL 33054
United States

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