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March 09, 2005

Comments

Ted

What's a "wholemark"? I doubt that Kozinski decided to give an en banc opinion less attention than that from a three-judge panel. Far more likely that:

(1) you're being influenced by the fact that the opinion appropriates parts of the decision written by Judge Trott on the original panel; and possibly

(2) the style is toned down to preserve a 7-4 majority.

SF Attorney

in my view, the opinion lacks organization, style, and fluidity that usually accompanies a Kozinski opinion.

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