Document Type

Article

Publication Date

Fall 2015

Journal Title

The Journal of Appellate Practice and Process

Volume

16

Issue

2

Abstract

In the mid-1970s, the federal courts of appeals began to issue opinions designated “unpublished” that were not typically published, citable, or accorded any precedential value. Many states followed suit. A great debate ensued questioning the practice, which has consumed considerable academic attention and appellate rulemaking time.1 States continue to vary in their treatment of unpublished opinions and even in the wake of Federal Rule of Appellate Procedure 32.1, intended to provide uniformity, the federal circuits remain inconsistent.

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