Published case reports were justified as checks limiting judicial discretion

Evidence

Reports, he said, were essential to “a government of laws.” The “least possible range ought to be left to the discretion of the Judge. Whatever tends to render the laws certain, equally tends to limit that discretion; and perhaps nothing conduces more to that object than the publication of reports. Every case decided is a check upon the Judge.” — Lawrence M. Friedman, A History of American Law, 1926