Selective Publication in the U.S. Courts of Appeals

For the last fifty years, intermediate federal appellate courts have produced "published" and "unpublished" opinions at the discretion of the judge ruling on the case.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published, it is something that all future judges in that jurisdiction must follow, but when a ruling is designated as unpublished, it only resolves the isolated dispute instead of creating a legal precedent.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.