..........Cases and Materials on California Civil Procedure, 3d ed. (ThomsonWest 2008) All Rights Reserved

................................................................Chapter 1: Introduction

..............................................B. Sources of Procedural Law
1. Primary Authorities
.... Case Law
p. 13, Note 5
: See also Caleb E. Mason, An Aesthetic Defense of the Nonprecedential Opinion: The Easy Cases Debate in the Wake of the 2007 Amendments to the Federal Rules of Appellate Procedure, 55 UCLA L.Rev. 643 (2008).

p. 13, new Note 6: California's rule prohibiting citation of unpublished Court of Appeal decisions has been challenged in a federal lawsuit. The suit contends that CRC 8.1115 violates the 14th Amendment of the U.S. Constitution because it creates selective prospectivity and it deprives appellants of obtaining California Supreme Court review of unpublished opinions. The district court granted a motion to dismiss the case, and that ruling has been appealed to the Ninth Circuit Court of Appeals. Hild v. California Supreme Court, 2008 WL 544469 (N.D.Cal. Feb. 26, 2008).

.....California Code of Regulations
p. 26, new paragraph
: Administrative regulations are either quasi-legislative or interpretive. Quasi-legislative regulations are those resulting from the Legislature's express delegation of rule-making power to the administrative agency. These regulations are entitled to substantial judicial deference. Interpretive regulations, on the other hand, are those that represent the agency's interpretation of statutory language. The degree of judicial deference required for interpretive regulations depends on several factors, including whether the agency's interpretation is long-standing. Kawamura v. Organic Pastures Dairy Co. LLC, 160 Cal.App.4th 1374, 73 Cal.Rptr.3d 500 (2008).

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Reserved for future use
.....................................................................A. Course Perspective
.............................................B. Sources of Procedural Law

. .Rules of Court
...Local Policies and Practices
2. Secondary Authorities
....Legislative and Administrative Histories
......................................................C. Additional Research Resources


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