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The Harms of Issuing Non-Precedential Opinions, by David R. Cleveland, Appellate Advocacy Blog


In a post last Monday on Prawfsblawg, entitled, On Not Creating Precedent in Plumley v. Austin, Richard M. Re asks, ‘what’s so wrong with deliberately declining to create precedent?’ By his answer, an implied ‘nothing’ because ‘[d]oing so conserves scarce resources and reduces the risk of mistaken or sloppy precedent,’ he seems to be asking, ‘what’s the harm?’ . . . .