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If you're filing a brief in the 7th U.S. Circuit Court of Appeals, it's safer to cite an article by Russian journalist Vlad imir Posner than most of the opinions written by Judge Richard A. Posner. Likewise, the 9th Circuit, where the creative (if misguided) advocate could cite Unabomber Theodore Kaczynski's manifesto as persuasive authority, had best leave out a majority of the opinions by Circuit Judge Alex Kozinski.
May 09, 2003 at 12:00 AM
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The original version of this story was published on National Law Journal
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