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INT-LAW  June 2013, Week 2

INT-LAW June 2013, Week 2

Subject:

Re: Under-reporting of case law

From:

Judi Eathorne-Gould <[log in to unmask]>

Reply-To:

International Law Librarians List (Int-Law)

Date:

Thu, 13 Jun 2013 02:23:27 +0000

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (85 lines)

Our issue is not to do with citing decisions - we do not, as such, have a rule discouraging the citation of unreported decisions in New Zealand, but more on the politics of deciding which decisions actually make it to print reporters. The situation here is such that one of the Courts is considering its own print report series so as to give its decisions that more authenticity and mana.

Judi Eathorne-Gould 
Law Library 
University of Otago 
P O Box 56 
Dunedin 
"May the footprints we leave behind show that we've walked in kindness
toward the earth and every living thing. May our lives be a dance of
celebration, and may the wind speak of peace to all our children's
children." A Native American Prayer

-----Original Message-----
From: International Law Librarians List (Int-Law) [mailto:[log in to unmask]] On Behalf Of William Slomanson
Sent: Thursday, 13 June 2013 2:14 p.m.
To: [log in to unmask]
Subject: Re: [Int-Law] Under-reporting of case law

FWIW, 80% of CA appellate cases are unreported....and the app cts sometimes depublish certain cases. Nor may one cite an unpublished case in CA (with exceptions involving RJ or CE).
________________________________
From: International Law Librarians List (Int-Law) [[log in to unmask]] on behalf of Dunlap, William Prof. [[log in to unmask]]
Sent: Wednesday, June 12, 2013 5:30 PM
To: [log in to unmask]
Subject: Re: [Int-Law] Under-reporting of case law

This is sometimes a controversial issue in the United States, especially regarding the propriety of citing unreported decisions.  Some courts have strict rules forbidding citations, even though this seems to many to go against the very notion of precedent in the common law.

This link is to the Lexis-Nexis discussion of locating unreported decisions.

http://law.lexisnexis.com/infopro/zimmermans/disp.aspx?z=2085

Here are citations to a couple of articles I'm familiar with:

Guess My Weight: What Degree of Disparity Is Currently Recognized between Published and Unpublished Opinions, and Does Equal Access to Each Form Justify Equal Authority for All?
59 Drake Law Review 887

The Textualization of Precedent, 82 Notre Dame Law Review 1187

Controlling the Common Law: a Comparative Analysis of No-Citation Rules and Publication Practices in England and the United States, 17 Indiana Int'l & Comp L Rev 307

Bill Dunlap



William V. Dunlap
Professor of Law
Associate Dean for Research
Quinnipiac University School of Law
275 Mount Carmel Avenue
Hamden, Connecticut 06518 USA

+1-203-582-3265
+1-203-582-3244 (fax)
[log in to unmask]<mailto:[log in to unmask]>

From: International Law Librarians List (Int-Law) [mailto:[log in to unmask]] On Behalf Of Judi Eathorne-Gould
Sent: Wednesday, June 12, 2013 7:38 PM
To: [log in to unmask]
Subject: [Int-Law] Under-reporting of case law

Dear Colleagues
I have a researcher looking for any articles on under-reporting of case law - that is decisions of various courts or tribunals that do not get published in physical law report series (probably due to the specialized nature of the decision making body).
Anybody know if there has been anything written on this?
Thank you very much

Judi Eathorne-Gould
Law Library
University of Otago
P O Box 56
Dunedin
"May the footprints we leave behind show that we've walked in kindness toward the earth and every living thing. May our lives be a dance of celebration, and may the wind speak of peace to all our children's children." A Native American Prayer

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*******************************************************************
Int-Law - International Law Librarians List:  Post messages to [log in to unmask] To unsubscribe send a message with  unsubscribe int-law  as the text of the message to [log in to unmask]
An archive of postings are located at http://listserver.ciesin.columbia.edu/int-law.html.
**DISCLAIMER: The opinions expressed on this list are those of the authors and do not necessarily reflect the opinions of CIESIN, its staff, or CIESIN's sponsors.

*******************************************************************
Int-Law - International Law Librarians List:  Post messages to [log in to unmask]
To unsubscribe send a message with  unsubscribe int-law  as the text of the message to [log in to unmask]
An archive of postings are located at http://listserver.ciesin.columbia.edu/int-law.html.
**DISCLAIMER: The opinions expressed on this list are those of the authors and do not necessarily reflect the opinions of CIESIN, its staff, or CIESIN's sponsors.

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