Thomas R. Newman and Steven J. Ahmuty Jr. Creative Use of Dissenting Opinions
In their Appellate Practice column, Thomas R. Newman and Steven J. Ahmuty Jr. discuss notable dissents from important cases, writing that although a dissent has no precedential effect, if creatively used it can lessen the impact of an adverse authority and enhance a party's chances of success.
January 05, 2021 at 12:30 PM
6 minute read
The late Second Circuit Judge William Hughes Mulligan reportedly remarked that a "primary purpose of a dissent is, of course, to annoy the majority." See John D. Freerick, Remarks Delivered on the Occasion of the Presentation of the Fordham-Stein Award to the Honorable William Hughes Mulligan, 59 Fordham L. Rev. 479, 483 (1991). "Sour grapes" aside, what else motivates appellate judges to write dissenting opinions?
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