http://www.loc.gov/mods/v3 http://www.loc.gov/standards/mods/v3/mods-3-2.xsd
Selective publication in the U.S. Courts of Appeals
the invisible norm that perpetuates inequality
Selective publication in the United States Courts of Appeals
1 online resource (xviii, 174 pages) : illustrations.
Since the 1970s, federal circuit courts have designated some decisions as unpublished as a means of keeping up with an increasing number of appeals, yet still providing quality legal analysis. These unpublished opinions declare that they will only resolve the dispute in question rather than have the rulings act as binding precedent.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& the law-making function of circuit courts which avoids the difficult task of grappling with the massive number of unpublished decisions. The distinction between published & unpublished rulings has created a breeding ground for disparities in power & privilege that raise serious concerns about social justice. Nearly four out of five decisions are unpublished.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.
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-- Visible rules, invisible norms : the determinants of publication -- Invisible losers : the fate of "have-nots" in unpublished cases -- Invisible work : the role of privilege in making policy -- What comes next?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.
Includes bibliographical references and index.
Laws of specific jurisdictions & specific areas of law
New York, NY : Oxford University Press, [2024]