The addition of
more in - house counsel talent has increased
scrutiny on litigation firms as general counsel conduct
more thorough evaluation of their outside firms.
This cost of stare decisis is heightened in the secret law context, because the incentive to invest extra effort in writing opinions is less powerful without the promise, and constraints, of public
scrutiny.32 The general principle, evidenced by the congressional testimony of Judge Kozinski of the Ninth Circuit, 33 is that publication induces judges to write
more thorough, carefully reasoned opinions.