NCJ Number
81481
Journal
Justice System Journal Volume: 6 Issue: 3 Dated: (Fall 1981) Pages: 405-434
Date Published
1981
Length
30 pages
Annotation
Since 1972, it has been the stated policy of the Judicial Conference of the United States to have the U.S. Courts of Appeals publish opinions only selectively, where a decision has obvious precedential value. The available empirical evidence on the costs and benefits of selective publication policies is collated and assessed.
Abstract
By 1977, only four of the eleven circuits were publishing opinions in more than half their cases. It is concluded that, while a pattern of frequent and systematic abuses has not been shown, at least some significant decisions would appear to have gone unpublished. Moreover, there is remarkably little hard evidence to show either that the limited publication plans are essential to enable the courts to cope with caseload pressures, or that existing plans have been effective in increasing the rate of disposition of appeals. (Author abstract)