Posted by Eugene Volokh:
Federal Appellate Judge Dissents *Without Reading Majority Opinion*,
http://volokh.com/archives/archive_2007_07_08-2007_07_14.shtml#1184357129
because "this is not a case that should occupy the mind of a person
who has anything consequential to do."
I kid you not; the opinion, dissenting from a 44-page majority opinion
that finds a university president's actions violated the First
Amendment rights of a student newspaper, is [1]here.
It's too bad that the dissenting judge didn't take the case more
seriously: I think the majority opinion may well be wrong, and
certainly sets an important precedent that would benefit from serious,
skeptical scrutiny. Even if the dissenter thinks the case should be
unimportant ("this silly thing," he calls it), and that the plaintiffs
are suffering from a "fantasy of oppression" and engaging in a
"slow-motion tantrum," the case now is indeed important. It seems to
me that the matter deserved his time and attention.
Thanks to [2]How Appealing for the pointer.
References
1.
http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA0LTUyNTAtY3Zfb3BuLnBkZg==/04-5250-cv_opn.pdf
2. http://howappealing.law.com/
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