Tuesday, June 24, 2008

On the road

Truman Capote dismissed Jack Kerouac's On the Road with the quip: "That isn't writing; it's typing." Perhaps CAAFlog's slogan should be: "This isn't writing; it's blogging."

In any event, I'll be following Jack Kerouac onto the road the next three days. My computer access is uncertain. So, as always, I invite my CAAFlog colleagues to note anything of interest. If the past couple of weeks are prologue, it could be an exciting 72 hours.


Anonymous said...


Speaking of "not writing," I wonder if "not publishing" is uniform - both in civilian courts and in the military:

While there is little data on , I compute [a state court decision]publication rate of
6.1%. ... federal court publication rates are
commonly thought to be near twenty percent. See David Greenwald &
Frederick A. O. Schwarz, Jr., The Censorial Judiciary, 35 U.C. DAVIS L. REV. 1133, 1135 (2002) (“[A]ppellate judges specifically designate for exclusion from
the bound volumes of the Federal Reporter approximately 80% of the opinions they write.”); Boyce F. Martin, Jr., In Defense of Unpublished Opinions, 60 OHIO
ST. L.J. 177, 189 (1999) (finding that nationally, 78.9% of appellate decisions went unpublished in 1995 and 1996, and that in the Fourth Circuit that rate was as high as 90.3%). In light of the federal rate, and for ease of explanation in this case, a ten percent publication rate is a reasonable estimate.

John F. Preis, Reassessing the Purposes of Federal Question
Jurisdiction, 42 Wake Forest L. Rev. 247 (2007).

Anonymous said...

72 hours?

Well, just so you understand, your 72-hour period started at 11 after 9 on the 24th of June. You have 72 hours from that point. Got it?

John O'Connor said...

Bravo, Anonymous #2.