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Articles 1 - 15 of 15
Full-Text Articles in Legal Writing and Research
"Downright Indifference": Examining Unpublished Decisions In The Federal Courts Of Appeals, Merritt E. Mcalister
"Downright Indifference": Examining Unpublished Decisions In The Federal Courts Of Appeals, Merritt E. Mcalister
Michigan Law Review
Nearly 90 percent of the work of the federal courts of appeals looks nothing like the opinions law students read in casebooks. Over the last fifty years, the so-called “unpublished decision” has overtaken the federal appellate courts in response to a caseload volume “crisis.” These are often short, perfunctory decisions that make no law; they are, one federal judge said, “not safe for human consumption.”
The creation of the inferior unpublished decision also has created an inferior track of appellate justice for a class of appellants: indigent litigants. The federal appellate courts routinely shunt indigent appeals to a second-tier appellate …
Out Of Cite, Out Of Mind: Navigating The Labyrinth That Is State Appellate Courts' Unpublished Opinion Practices, Lauren S. Wood
Out Of Cite, Out Of Mind: Navigating The Labyrinth That Is State Appellate Courts' Unpublished Opinion Practices, Lauren S. Wood
University of Baltimore Law Review
Imagine that you are an attorney, litigating an appellate case with an atypical fact pattern. You are familiar with the law; however, its application to your client's circumstances is entirely unclear. After endless hours of research, you finally find it: a factually apposite case with a favorable outcome. Elated, you grab your legal pad to scribble down the case citation. But then you see it-that dreaded text at the top of the opinion: "NOT SELECTED FOR PUBLICATION." This is an unpublished opinion. Perturbed and exhausted, your mind starts racing: "What's that rule again? Can I use this? I think that …
Parades Of Horribles, Circles Of Hell: Ethical Dimensions Of The Publication Controversy, David S. Caudill
Parades Of Horribles, Circles Of Hell: Ethical Dimensions Of The Publication Controversy, David S. Caudill
Washington and Lee Law Review
No abstract provided.
Commentary: Unpublication And The Judicial Concept Of Audience, Joan M. Shaughnessy
Commentary: Unpublication And The Judicial Concept Of Audience, Joan M. Shaughnessy
Washington and Lee Law Review
No abstract provided.
The Dog That Did Not Bark: No-Citation Rules, Judicial Conference Rulemaking, And Federal Public Defenders, Stephen R. Barnett
The Dog That Did Not Bark: No-Citation Rules, Judicial Conference Rulemaking, And Federal Public Defenders, Stephen R. Barnett
Washington and Lee Law Review
No abstract provided.
Judicial Triage: Reflections On The Debate Over Unpublished Opinions, David C. Vladeck, Mitu Gulati
Judicial Triage: Reflections On The Debate Over Unpublished Opinions, David C. Vladeck, Mitu Gulati
Washington and Lee Law Review
No abstract provided.
Unspoken Questions In The Rule 32.1 Debate: Precedent And Psychology In Judging, David E. Klein
Unspoken Questions In The Rule 32.1 Debate: Precedent And Psychology In Judging, David E. Klein
Washington and Lee Law Review
No abstract provided.
Much Ado About The Tip Of An Iceberg, William M. Richman
Much Ado About The Tip Of An Iceberg, William M. Richman
Washington and Lee Law Review
No abstract provided.
Much Ado About Little: Explaining The Sturm Und Drang Over The Citation Of Unpublished Opinions, Patrick J. Schiltz
Much Ado About Little: Explaining The Sturm Und Drang Over The Citation Of Unpublished Opinions, Patrick J. Schiltz
Washington and Lee Law Review
No abstract provided.
Take A Letter, Your Honor: Outing The Judicial Epistemology Of Hart V. Massanari, Penelope Pether
Take A Letter, Your Honor: Outing The Judicial Epistemology Of Hart V. Massanari, Penelope Pether
Washington and Lee Law Review
No abstract provided.
Federal And State Court Rules Governing Publication And Citation Of Opinions: An Update, Melissa M. Serfass, Jessie Wallace Cranford
Federal And State Court Rules Governing Publication And Citation Of Opinions: An Update, Melissa M. Serfass, Jessie Wallace Cranford
The Journal of Appellate Practice and Process
No abstract provided.
No-Citation Rules Under Siege: A Battlefield Report And Analysis, Stephen R. Barnett
No-Citation Rules Under Siege: A Battlefield Report And Analysis, Stephen R. Barnett
The Journal of Appellate Practice and Process
No abstract provided.
From Anastasoff To Hart To West's Federal Appendix: The Ground Shifts Under No-Citation Rules, Stephen R. Barnett
From Anastasoff To Hart To West's Federal Appendix: The Ground Shifts Under No-Citation Rules, Stephen R. Barnett
The Journal of Appellate Practice and Process
No abstract provided.
Restrictions On Publication And Citation Of Judicial Opinions: A Reassessment, Robert J. Martineau
Restrictions On Publication And Citation Of Judicial Opinions: A Reassessment, Robert J. Martineau
University of Michigan Journal of Law Reform
In response to the "crisis of volume," state and federal appellate courts have been restricting the opinions they write to those opinions which will: (1) establish a new. rule of law or expand, alter, or modify an existing rule; (2) involve a legal issue of continuing public interest; (3) criticize existing law; or (4) resolve a conflict of authority. All other opinions are limited to brief statements of the reasons for the decision, go unpublished, and generally carry a prohibition against their being cited as precedent. Recently, critics have alleged a number of faults with this practice, including the supposed …
The Myth Of The Disposable Opinion: Unpublished Opinions And Government Litigants In The United States Courts Of Appeals, Lauren K. Robel
The Myth Of The Disposable Opinion: Unpublished Opinions And Government Litigants In The United States Courts Of Appeals, Lauren K. Robel
Michigan Law Review
This article discusses the courts' adoption of the limited publication plans and analyzes the methods used by the courts to discourage the use of unpublished opinions. It also discusses the results of a survey conducted to determine if, and how, government litigants - some of the chief unanticipated beneficiaries of the publication plans make use of unpublished opinions. Finally, it challenges the assumption that limited publication is essential in an age of caseload crisis.