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Selective publication in the U.S. Courts of Appeals : the invisible norm that perpetuates inequality / Rachael K. Hinkle.
Author
Hinkle, Rachael K.
[Browse]
Format
Book
Language
English
Published/Created
New York, NY : Oxford University Press, [2024]
Description
xviii, 174 pages : illustrations ; 24 cm
Details
Subject(s)
Appellate courts
—
United States
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Appellate procedure
—
United States
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Court records
—
Access control
—
United States
[Browse]
Court rules
—
Publishing
—
United States
[Browse]
Citation of legal authorities
—
United States
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Equality before the law
—
United States
[Browse]
Summary note
"In the 1980s Steven Johnson, an inmate in Maryland, applied for work in the education department of his prison. After being denied the job, he filed a federal lawsuit asserting that he did not get the job because a prison guard told the head of the department, Dr. Knable, that Johnson was a homosexual (Slavitt 1995). The trial court initially dismissed Johnson's complaint, but the U.S. Court of Appeals overruled that dismissal and stated the following: "If Johnson was denied a prison work assignment simply because of his sexual orientation, his equal protection rights may have been violated." An appellate federal court hinting that sexuality could be a protected class seems like the kind of case that would have made quite a splash in the legal community. Except for one critical fact. The opinion was designated by the judges who issued it as an "unpublished" ruling. This designation meant that it was not binding precedent. As a result, it generated little discussion. Johnson v. Knable illustrates that virtually any case can be rendered largely invisible simply by not being published"-- Provided by publisher.
Bibliographic references
Includes bibliographical references (pages 157-165) and index.
Contents
The rise of invisible cases
Publication policies and practices
Visible rules, invisible norms : the determinants of publication
Invisible losers : the fate of "have-nots" in unpublished cases
Invisible work : the role of privilege in making policy
What comes next? publication and further review
The future of selective publication.
Show 4 more Contents items
Other title(s)
Selective publication in the United States Courts of Appeals
ISBN
9780197770085 ((hardcover))
0197770088 ((hardcover))
LCCN
2024015073
OCLC
1429287183
Statement on responsible collection description
Princeton University Library aims to describe library materials in a manner that is respectful to the individuals and communities who create, use, and are represented in the collections we manage.
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Selective publication in the U.S. Courts of Appeals : the invisible norm that perpetuates inequality / Rachael K. Hinkle.
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99131278225406421