That could possibly occur, but, let us examine how a printed slip opinion
is prepared. First it is in a "typed/word-processed" manuscript.
Sometimes it is released prior to the printing of the slip opinion (one
example is the Second Circuit where is always is released in that form
first). So, one already has different page "3"'s. The, in the computer
environment, one learns quickly not to rely upon automatic pagination
features to assign a permanent page citation. One needs to embed the
page number in the text. Embedding the page number in the text is
required also to create the so-called virtual page [this is a real
important point because if one uses page numbering, one wants a virtual
page, but what is it going to look like when the opinion is amended and
reprinted as a slip opinion ... the virtual page breaks could well have
nothing to to with the real page breaks ... and look what will happen
when the Supreme Court opinions go to the Preliminary Print ... a mess].
Then, one suddenly sees a page number breaking up a citation.
"Fed. R. Pagebreak Page 3 Civ. Proc." and one
comes to the conclusion that one may as well go the whole way and just
number the paragraphs.
The Sixth Circuit is trying what you suggest. I do not think it works
very well because of the reasons just mentioned, and, what happens when a
change or amendment is made. In theory, it would work. In practice, it
is easier to use paragraph numbers.
Alan Sugarman
HyperLaw
sugarman@panix.com
On Wed, 21 Dec 1994, Cindy Chick wrote:
>
> Alan -
>
> Here's another thought. Since the courts already paginate their
> slip opinions, why not just include that pagination, and use it in
> conjunction with the Federal Reporter or Federal Supplement cite, (or
> possibly the cite of another publisher's reporter) as a public domain
> jump cite? That wouldn't require the courts to do anything more than
> they're doing right now. As Greg Koster points out, this could
> easily accomodate changes, since the slip opinion pagination would
> become a "virtual" page, not a physical one. I would think that
> there would be a good chance that the courts would be willing to
> accept their slip opinion pages as an alternate jump cite, and
> you or any other publisher, could use them right away.
>
> -------------------------------------------------------------
> Cindy Chick cchick@netcom.com
> Los Angeles, CA 90017
> -------------------------------------------------------------
>
>
>
>
>
>
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