Labels:book | daily | reckoner | sky | tree | windowpane OCR: The Failure To Cite Legal Authority Ls Not Analogous To Other Contexts Where Failure To Raise Matter Bars Appellate Consideration The Ninth Circuit sought buttress decision by analogizing the Iestriction introduced by the Elder rule other rules that bar appeliate review of matters not presented below See The analogies, however ATE misplaced pue provide justification for rule that reguires appel llate courts ignore applicable precedents it civil rights cases Appellate courts may decline to consider legal issues that are raised for the first time on appeal. See Dothard Rawlinson, 433 321, 323 {1977} This 1s permi issive canon which leaves the decisions as whether new issues will or will not be considered t0 the discretion of the courts of appeals, be exercised on the facts individual cases S ...
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