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The Journal of Appellate Practice and Process

2001

Unpublished opinions and precedent

Articles 1 - 2 of 2

Full-Text Articles in Law

Preface: Anastasoff, Unpublished Opinions, And "No-Citation" Rules, Coleen M. Barger Apr 2001

Preface: Anastasoff, Unpublished Opinions, And "No-Citation" Rules, Coleen M. Barger

The Journal of Appellate Practice and Process

In the wake of the publication of Anastasoff v. United States a new round of debate has begun over the propriety of unpublished opions and their status as precedent. Circuit courts across the nation vary widely in how this "principle of policy" is treated, thus prompting the Journal of Appellate Practice and Process to call for papers, which are included herein.


The Unpublished, Non-Precedential Decision: An Uncomfortable Legality?, Melissa H. Weresh Apr 2001

The Unpublished, Non-Precedential Decision: An Uncomfortable Legality?, Melissa H. Weresh

The Journal of Appellate Practice and Process

The United States Court of Appeals for the Eighth Circuit ruled in 2000 that its rule prohibiting the citation of unpublished opinions was unconstitutional. The decision was ultimately vacated en banc. The legality of this prohibition merits consideration by the United States Supreme Court.