Open Access News

News from the open access movement


Monday, June 15, 2009

Putting a price on legal precedents

Don’t Mess With Texas, When It Comes to Memorandum Opinions Anyway, Advocate's Studio, June 12, 2009.  Excerpt:

...[I]n 2003, the Texas legislature barred the use of unpublished legal opinions in civil cases, but authorized the use of memorandum opinions in their place. In 2008, the Legislature took matters one step further by giving the memorandum opinions issued since 2003 full precedential value.

So, what’s the problem you ask? Well, these fully binding, precedential memorandum opinions are only accessible by Westlaw or Lexis. Cha-ching! ...