Schmier Industrial Properties is a company based in Emeryville, California, specializing in industrial real estate. They support the elimination of restrictions on the citation of records of appellate court proceedings, arguing that all decisions of the appellate courts are precedents and should not be labeled as non-precedential. They believe that judges should have the discretion to assess the usefulness of any precedent and that the focus should be on the elimination of no-citation rules.
The company emphasizes the importance of judicial respect for the humanity of individuals involved in legal matters and believes that the integrity of the judicial system lies in this respect, rather than the correctness of decisions. They propose an alternative rule that allows for the citation of non-precedential opinions for persuasive use and various legal claims, while avoiding the approval of non-precedential decisions. They also highlight the flexibility of stare decisis and express their concern about rigid views of precedent usurping the power of the legislature.
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