The rise of cases brought before federal appellate courts has caused most opinions to be designated as unpublished. This practice has created much controversy. This essay addresses the decision to publish, guidelines for publication, and enforcement of those guidelines within courts.
Stephen L. Wasby,
Unpublished Decisions in the Federal Courts of Appeals: Making the Decision to Publish,
3 J. App. Prac. & Process 325
Available at: http://lawrepository.ualr.edu/appellatepracticeprocess/vol3/iss1/15