Does the Law Governing Public Access to Judicial Opinions Mandate Citation Reform? It Depends

Abstract

Summary This article asks whether the law governing public access to judicial opinions mandates citation reform. An overview of the citation reform issue is provided followed by a discussion of various legal theories that may support the need for citation reform. The author includes considerations of the First Amendment, Substantive and Procedural Due Process, Equal Protection, The Freedom of Information Act and Copyright Law as well as state statutory provisions and the general common law.