Details

Subject(s)

• Appellate courts—United States [Browse]
• Appellate procedure—United States [Browse]
• Court records—Access control—United States [Browse]
• Court rules—Publishing—United States [Browse]
• Citation of legal authorities—United States [Browse]
• Equality before the law—United States [Browse]

Series

Oxford handbooks online. [More in this series]

Summary note

Since the 1970s, federal circuit courts have designated some decisions as unpublished as a means of keeping up with an increasing number of appeals, yet still providing quality legal analysis. These unpublished opinions declare that they will only resolve the dispute in question rather than have the rulings act as binding precedent. Scholars have since focused on policy & the law-making function of circuit courts which avoids the difficult task of grappling with the massive number of unpublished decisions. The distinction between published & unpublished rulings has created a breeding ground for disparities in power & privilege that raise serious concerns about social justice. Nearly four out of five decisions are unpublished. This book presents a comprehensive examination of the theoretical & empirical implications of a key institutional practice in a highly influential set of courts.

Bibliographic references

Includes bibliographical references and index.

Target audience

Specialized.

Source of description

Description based on online resource and publisher information; title from PDF title page (viewed on August 12, 2024).

Contents

• Cover
• Half Title
• Selective Publication in the U.S. Courts of Appeals
• Copyright
• Dedication
• Summary Contents
• Detailed Contents
• List of Figures
• List of Tables
• Acknowledgments
• Table of Cases
• 1. The Rise of Invisible Cases
• Introduction
• The Origins of Selective Publication
• Historical Background
• The Caseload Explosion
• A (Not So) Modest Proposal
• Circuits Develop Publication Rules
• The Citation Kerfuffle
• Continuing Criticisms of Selective Publication
• Diminished Accountability
• Decreased Quality
• Inequality
• Evaluating Selective Publication
• The Comprehensive Circuit Court Panel Opinion (C3PO) Database
• Road Map of the Book
• 2. Publication Policies and Practices
• Variation in Publication Rules
• The Process of Deciding on Publication
• Variation in Publication Rates
• Publication Rates Across Circuits
• Publication Rates by Rule Type
• Differences Between Published and Unpublished Cases
• Issue Area
• Litigant Type
• Opinion Content
• Conclusions
• Appendix 2.A: Coding Issue Area
• 3. Visible Rules, Invisible Norms: The Determinants of Publication
• How Law Affects Publication
• Ideological Motivations to Publish
• Strategic (Non)Publication
• Internal Strategy: Facilitating Compromise
• External Strategy: Avoiding Review
• Case and Litigant Characteristics
• Research Design
• Results
• Appendix 3.A: Coding Direction of Case Outcome
• Appendix 3.B: Summary Statistics
• Appendix 3.C: Regression Results
• 4. Invisible Losers: The Fate of "Have-​nots" in Unpublished Cases
• The Impact of Resource Advantage on Case Outcomes
• What to Expect in Unpublished Cases
• Litigant Selection Effects
• Inequality in the Law
• Inequality in Persuasive Ability
• Research Design.
• Appendix 4.A: Summary Statistics
• Appendix 4.B: Regression Results
• 5. Invisible Work: The Role of Privilege in Making Policy
• A Seat at the Table: Who Participates in Shaping Policy?
• Empirical Analysis of Participation
• Driving the Bus: Who Crafts Policy?
• The Motivations of the Assigner
• The Motivations of the Assignee
• Empirical Analysis of Authorship
• Kicking Up Dust: Who Dissents?
• Empirical Analysis of Dissent
• Appendix 5.A: Summary Statistics
• Appendix 5.B: Regression Results
• 6. What Comes Next? Publication and Further Review
• Next Steps: After the Panel
• Asking for Review: The Role of Litigants
• Empirical Analysis of Requesting Discretionary Review
• Who Gets a Second Bite at the Apple?
• Empirical Analysis of Granting Discretionary Review
• From Losing to Winning
• Empirical Analysis of Winning a Discretionary Review
• Appendix 6.A: Regression Results
• 7. The Future of Selective Publication
• Highlights of Findings
• Rules/​Legal Doctrine
• Litigant Characteristics
• Judge Characteristics
• Hierarchical Constraints
• Miscellaneous
• Potential Reforms
• Uniform Publication Rules
• Alternate Decision Maker
• Precedential Status for Unpublished Rulings
• Abolishing Selective Publication
• Parting Thoughts
• Bibliography
• Index.

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ISBN

• 0-19-777011-8
• 0-19-777009-6

OCLC

1452044939

Doi

• 10.1093/oso/9780197770085.001.0001

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