|
................................................................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E. Mason, An Aesthetic Defense of the Nonprecedential Opinion: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unpublished Court of Appeal decisions has been challenged in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California Supreme Court review of unpublished opinions.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 |
