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  • Dowd Scheffel

Matthew Dowd authors Law360 about Rule 36

Law360 published an article authored by Matthew Dowd entitled “Banning Rule 36 Affirmances: Be Careful What You Ask For.” The articles highlights the negative consequences that would come from banning Rule 36 affirmances. These include the court following its sister circuits in not allowing oral argument in every case because time would need to be reallocated to writing an opinion in every case, the need to define what constitutes a sufficient written opinion, significant delays in decisions being handed down, an increase in nonprecedential opinions which will lead to inconsistent decisions, the loss of discretion to determine which cases are best to decide an issue, and fewer written decisions for pro se appellants.


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