Re: Re: Black & Decker Opinion

Just for the record, within a day or so after the Black & Decker 
opinion was handed down, it was posted on the District Court's 
website.  However, the remainder of my criticism stands.  There are 
simply too few opinions being posted publicly because either some 
judges are not posting any opinions or some are posting very few.

On 5 Nov 2004 at 16:16, Dave wrote:

> 
> 
> 
> 
> Stu, you're right on target. As a new solo practitioner, I don't have
> a full Westlaw/Lexis account, or clerks I can depend on to find these
> cases. If I can't find them through a simple internet search, then I
> don't find them at all and my clients either lose or go elsewhere.
> 
> --- In [email protected], "Stuart Levine" <sltax@f...>
> wrote: > Yesterday, Judge Quarles of the United States District Court
> for the District > of Maryland issued an opinion in a tax case
> involving Black & Decker.  The > case had been closely watched by the
> tax bar and the business press for > some time.  Indeed, a report of
> the case made the New York Times this > morning and, I assume, other
> major mainline press outlets as well. > > Yet, you cannot go to the
> website of the USDC and obtain a copy of the > case.  This is not
> because the site lacks an area where opinions are posted.  > To the
> contrary, it has quite a good posting area with some search capacity. 
> > The reason that you can't find the opinion is that most of the
> judges do not > regularly post their opinions there. If you do a quick
> and dirty survey of the > opinions that are posted, Judges Chasanow
> and Motz have posted the > lions' (i.e., multiple lions) share of
> opinions.  Some judges have posted > virtually none. > > I wonder
> whether this practice is common in other districts.  It seems to me >
> that one of the jewels of the judicial system in this country is that,
> because > of published opinions setting forth the rationale for their
> actions, courts > achieve a higher level of transparency that the
> other branches of > government.  As citizens we have the right to
> expect the courts to publish > their opinions in a manner that is as
> accessible (meaning, you shouldn't > have to pay for them) as
> possible. > > ******************************************** > Stuart
> Levine > Fisher & Winner, LLP > 315 North Charles Street > Baltimore,
> Maryland 21201 > Telephone:             410.385.2000 > Telecopier:    
>          443.927.7075 > Cellphone:               410.802.5817 >
> Weblog:  http://taxbiz.blogspot.com > http://www.taxation-business.com
> > sltax@f... > *********************************************
> 
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********************************************
Stuart Levine
Fisher & Winner, LLP
315 North Charles Street
Baltimore, Maryland 21201
Telephone:             410.385.2000
Telecopier:              443.927.7075
Cellphone:               410.802.5817
Weblog:  http://taxbiz.blogspot.com
http://www.taxation-business.com
[email protected]
*********************************************




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