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Fourth Circuit Publication Practices, Carl W. Tobias

Law Faculty Publications

Certain publication practices, especially dependence on issuing unpublished opinions, are one major response of federal courts to the increasing number of appeals. Few observers have assessed how specific tribunals employ these practices, although a recent study elucidates them. The Commission on Structural Alternatives for the Federal Courts of Appeals (Commission) gathered much useful data, which have remained strikingly constant, on each court. Because Fourth Circuit's publication practices and reliance on unpublished decisions allow the court to manage a large docket and suggest that it may not enunciate the common law, this Article scrutinizes those practices.

The Article first describes the …