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The Supreme Court’s Misuse of per curiam Opinions
(2012)
  • Ira P Robbins
Abstract
The per curiam opinion is a misused practice that is at odds with the individualized nature of the American common law system, frustrating efforts to hold individual judges accountable and inhibiting development of the law.  Per curiams should be limited to a narrow class of opinions in which the use of formulaic, boilerplate language has already extinguished any sense of individuality.  Opinions containing language that is more expansive, such as when the opinion expounds on the particular facts or law at issue, should be attributed to its author in order to serve as a check on judges’ fidelity to the law and to enable the public and the legal profession to formulate an accurate understanding of the law.

Keywords
  • Per Curiam Opinion,
  • Supreme Court,
  • Supreme Court of the United States
Disciplines
Publication Date
October 5, 2012
Citation Information
Ira P Robbins. "The Supreme Court’s Misuse of per curiam Opinions" (2012)
Available at: http://works.bepress.com/ira_robbins/25/