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Full-Text Articles in Law
Preface: Anastasoff, Unpublished Opinions, And "No-Citation" Rules, Coleen M. Barger
Preface: Anastasoff, Unpublished Opinions, And "No-Citation" Rules, Coleen M. Barger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In the wake of the publication of Anastasoff v. United States a new round of debate has begun over the propriety of unpublished opions and their status as precedent.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The Unpublished, Non-Precedential Decision: An Uncomfortable Legality?, Melissa H. Weresh
The Unpublished, Non-Precedential Decision: An Uncomfortable Legality?, Melissa H. Weresh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The United States Court of Appeals for the Eighth Circuit ruled in 2000 that its rule prohibiting the citation of unpublished opinions was unconstitutional.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.