The Yale Law Journal

James Burnham


I Say Dissental, You Say Concurral

Alex Kozinski & James Burnham

Increasing numbers of circuit judges are writing dissents from, and concurrences in, orders denying rehearing en banccolloquially known as dissentals and concurrals. Not everyone is happy about this practice, and some judges have lamented their proliferation. The authors here argue that this has be…