Thursday, July 20, 2006

Unpublish This

I hate these goddamned unpublished cases. Seriously, every time I have to research something, I find a case that's perfectly on point and decided exactly the way we want it to be, and its unpublished and worthless for precedential value. Unpublished cases are like having a hot chick suddenly appear before you, naked, holding a massive chocolate cake. Then the proclamation comes down from above: "Both the hottie and the cake are 'look but don't touch,' sucker."

Fucking unpublished cases.

(Points to genitals)

4 comments:

Ismael Tapia II said...

I actually ran up against this exact problem a few days ago. I fucking hate it. No sooner have I found a case with the exact language I need, than I realize I can't fucking use it. Fucking unpublished cases!

The Couchess said...
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The Couchess said...

Oh YES!! and then you have to spend the rest of the afternoon checking the cases the unpublished case used and trying to recreate the argument - but for some reason, you can NEVER figure out exactly how the court got to what you want to say from what the case it cites to says....I hate Westlaw and all of it's progeny - I HOPE UNPUBLISHED CASES DIE!!

Ismael Tapia II said...

The reason that happens is that the court didn't use any sort of actual reasoning or advance a cohesive argument. Rather, it just sort of made a decision. And that's why the case is unpublished - the court was too lazy to come up with something good enough to have precedential value, so it just sort of made shit up, but it doesn't want anyone to see.