Change in Manner of Posting Judge Morgenstern-Clarren's Opinions
Traditionally, each judge determined which of his or her opinions would be submitted for publication to the legal reporters. With the advent of electronic publications, the judge could also specify whether the publication would be in the paper or electronic edition, or both. If I felt that a decision was fact-specific, or of limited interest other than to the parties, or otherwise did not contribute anything new to the development of the law, I did not submit it for publication.
Many publishers now elect to publish opinions regardless of the court's designation. As a result, I've discontinued the practice of separating my opinions on this web page into published and unpublished because I cannot be certain that a decision that I felt should be unpublished had not in fact been published. To avoid confusion, all opinions will now be available on one site, regardless of the publication status.
Please note that only opinions posted after April 2005 will be searchable.