Now You See it, Now You Don't: Depublication and Nonpublication of Opinions Raise Motive Questions

New York State Bar Association Journal, p. 36, October 2001

5 Pages Posted: 23 Nov 2009

Date Written: October 1, 2001

Abstract

The judicial opinion does not always live up to its role. Judicial opinions sometimes hide or misrepresent facts, are withdrawn from public scrutiny after having already been published, or are not even published at all. By these methods, the judicial opinion, which to many is the equivalent of a sacred text, becomes vulnerable to criticism over the motive for the alteration. And the suggestion of improper motive may undermine the legitimacy of the appellate judicial process itself.

Suggested Citation

Gershman, Bennett L., Now You See it, Now You Don't: Depublication and Nonpublication of Opinions Raise Motive Questions (October 1, 2001). New York State Bar Association Journal, p. 36, October 2001, Available at SSRN: https://ssrn.com/abstract=1510389

Bennett L. Gershman (Contact Author)

Pace University - School of Law ( email )

78 North Broadway
White Plains, NY 10603
United States
914-422-4255 (Phone)
914-422-4168 (Fax)

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