Dissents from Denial of Rehearing En Banc

Some judges have criticized the practice of judges’ filing dissents from denial of rehearing en banc; Chief Judge Alex Kozinski and his former clerk James Burnham have a new Yale Law Journal Online article defending the practice. The article strikes me as quite sound, and, as usual with Judge Kozinski’s work, eminently readable.

Note also the author’s note, which describes James Burnham as having “survived his two-year clerkship from June 2009 to June 2010.”