The Yale Law Journal Online: I Say Dissental, You Say Concurral
The Yale Law Journal Online has just published I Say Dissental, You Say Concurral, by Chief Judge Alex Kozinski of the U.S. Court of Appeals for the Ninth Circuit and attorney James Burnham. In the essay, Kozinski and Burham examine the trend of “dissentals” and “concurrals,” through which circuit judges write dissents from, and concurrences in, orders denying rehearing en banc. Although many have disparaged the practice, Kozinski and Burnham argue that dissentals and concurrals have become “an established and useful part of the appellate process.”
Preferred citation: Alex Kozinski & James Burnham, I Say Dissental, You Say Concurral, 121 YALE L.J. ONLINE 601 (2012), http://yalelawjournal.org/2012/04/10/kozinski&burnham.html.