Selective Publication in the U.s. Courts of Appeals - The Invisible Norm That Perpetuates Inequality

For the last fifty years, intermediate federal appellate courts have produced "published" and "unpublished" opinions at the discretion of the judge ruling on the case. When an opinion is labelled as published, it is something that all future judges in that jurisdiction must follow, but when a ruling is designated as unpublished, it only resolves the isolated dispute instead of creating a legal precedent. Selective Publication in the U.S. Courts of Appeals compares these two types of opinions to reveal and understand inequalities created by the practice of selective publication.

List of contents

• Chapter 1: The Rise of Invisible Cases


• Chapter 2: Publication Policies and Practices


• Chapter 3: Visible Rules, Invisible Norms: The Determinants of Publication


• Chapter 4: Invisible Losers: The Fate of "Have-nots" in Unpublished Cases


• Chapter 5: Invisible Work: The Role of Privilege in Making Policy


• Chapter 6: What Comes Next? Publication and Further Review


• Chapter 7: The Future of Selective Publication

About the author

Rachael K. Hinkle is an Associate Professor in the Department of Political Science at the University at Buffalo, SUNY. Her research agenda focuses on judicial politics with particular attention to gleaning insights into legal development from the content of judicial opinions and other legal texts through the use of computational text analytic techniques. Her work includes The Elevator Effect: Contact and Collegiality in the American Judiciary. She received her B.A. from Huntington University, J.D. from Ohio Northern, and her Ph.D. from Washington University in St. Louis. She clerked in the District of Arizona and the Sixth Circuit.

Summary

For the last fifty years, intermediate federal appellate courts have produced

Product details

• Authors: Rachael K. Hinkle, Rachael K. (Associate Professor of Politic Hinkle, Rachael K. (Associate Professor of Political Science Hinkle
• Publisher: Oxford University Press
• Languages: English
• Product format: Hardback
• Released: 27.11.2024
• EAN: 9780197770085
• ISBN: 978-0-19-777008-5
• No. of pages: 200
• Subjects: Social sciences, law, business > Law > International law, foreign law; USA, LAW / Courts, POLITICAL SCIENCE / American Government / National, LAW / Trial Practice, LAW / Government / General, LAW / Judicial Power, LAW / Annotations & Citations, Case Law, United States of America, USA, Central / national / federal government, Government powers, Central government, Courts & procedure, Legal systems: courts and procedures, Judicial powers, Sources of law: case law, precedent, Legal systems: judges and judicial powers