Monthly Archives: September 2016

The Dangers of an Inexperienced Judge

For many of my blog posts, I have embraced the concept that legal realism is more appropriate of a method for judges to use in the courtroom. To me, the formalist view seems a bit unattainable: the concept that a judge may craft a decision without any deference to his or her own personal and […]

Realism or Formalism?

While reading Judge Posner’s Reflections on Judging, I found very interesting his discussion on the differences between the concepts of legal realism and legal formalism. Judge Posner describes legal formalism using the slogan “the law made me do it,” describing the judiciary as interpreters, using a complex style of legal analysis to resolve cases without […]

Should Judges Write Unpublished Opinions?

This week’s blog post discusses both the positives and negatives of precedential value supporting unpublished opinions, the value of a dissenting opinion, and when courts decide not to issue an opinion at all. My belief is that while they may not have precedential value, unpublished and dissenting opinions serve a functional purpose in our court system […]