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References
Affirmance Without Opinion
General:
 | Martha Dragich, Will the Federal Courts of Appeals Perish If They
Publish? Or Does the Declining Use of Opinions to Explain and Justify
Judicial Decisions Pose a Greater Threat?, 44 Am. U. L. Rev. 757 (1995) |
| Patricia Wald, The Problem with the Courts: Black-Robed Bureaucracy or
Collegiality Under Challenge, 42 Md. L. Rev. 766 (1983) |
| Robert M. Parker, Speech
by Fifth Circuit Judge Parker before The Commission on Structural
Alternatives for the Federal Courts of Appeals, March 25, 1998
("The statistics regarding the utilization of Local Rule 47.6 are
deceiving . . .") |
| Philip Soper, A Theory of Law (1984) |
| William Reynolds & William Richman, An Evaluation of Limited
Publication in the United States Courts of Appeals: The Price of Reform, 48
U. Chi. L. Rev. 573 (1981) |
| William Reynolds & William Richman, The Non-Precedential Precedent
— Limited Publication and No-Citation Rules in the United States Courts of
Appeals, 78 Colum. L. Rev. 1167 (1978) |
| William Richman & William Reynolds, Elitism, Expediency, and the
New Certiorari: Requiem for the Learned Hand Tradition, 81 Cornell L.
Rev. 273 (1996) |
| Richard W.
Fulmer, Does Court Time-Saving Cost Liberty?, Ideas on Liberty, November,
2002, Pages 39-42. See Foundation for
Economic Education |
| William C. Smith, Big Objections to Brief Decisions,
ABA Journal 34
(August 1999) - The ABA Journal is published monthly by the
American Bar Association. Reprinted by permission of the ABA
Journal. |
| Deborah Jones Merritt & James J. Brudney, Stalking Secret Law: What
Predicts Publication in the United States, 54 Vand. L. Rev. 71, 119
(2001) |
| Paul D. Carrington, Daniel J. Meador and Maurice Rosenberg, Justice on
Appeal 10 (West 1976) |
| Charles E. Carpenter, Jr., The No Citation Rule For Unpublished
Opinions — Do The Ends Of Expediency For Overloaded Appellate Courts
Justify The Means Of Secrecy?, 50 South Carolina Law Review 235 (1998) |
| William Glaberson, Caseload Forcing Two-Level System for U.S. Appeals,
New York Times, March 14, 1999. |
| Lon Fuller, The Morality of Law, Yale Univ. Press (1977) |
| Eron Berg,
Unpublished Decisions: Routine Cases or Shadow Precedents?, Washington State
Bar News, December, 2000 - Discusses unpublished decisions in Washington
State Courts. Concludes that unpublished decisions are less likely to
be heard by the Washington State Supreme Court than published decisions. |
| Carl Tobias, THE NEW
CERTIORARI AND A NATIONAL STUDY OF THE APPEALS COURTS, 81 Cornell L. Rev.
1264 (1996) - Comments on William Richman & William Reynolds 1996
Cornell Law Review article referenced above. |
|
ABA Commission of Standards of Judicial Administration,
Standards Relating to Appellate Courts (1977) |
|
Advisory Council for Appellate Justice, FJC Research Series
No. 73-2, Standards for Publication of Judicial Opinions (1973) |
|
Commission on Revision of the Federal Court Appellate System, Structure and
Internal Procedures: Recommendations for Change, 67 F.R.D. 195, 258
(1975). (Known as the Hruska Commission.) |
| Antonin Scalia, The Press and the Law, speech given at Washington Hebrew
Congregation (Mar. 4, 1990) |
| Alvin Rubin, Bureaucratization of the Federal Courts: The Tension
Between Justice and Efficiency, 55 Notre Dame Law. 648 (1980) |
| Black’s Law Dictionary (6th ed. 1990) |
| Board of the Federal Judicial Center, Recommendation and Report to the
April 1972 Session of the Judicial Conference of the United States on the
Publication of Courts of Appeals Opinions (1972) |
| Chief Judge Howard T. Markey, Remarks at the Seventh Annual Judicial
Conference of the United States Court of Appeals for the Federal Circuit
(May 24, 1989), 128 F.R.D. 409 (1989) |
| Frank M. Coffin, The Ways of a Judge: Reflections From the Federal Appellate
Bench (1980) |
| Henry Friendly, Some Kind of Hearing, 123 U. Pa. L. Rev. 1267
(1975) |
| Judicial Conference of the United States Report (1974) |
| Judicial Conference of the Unites States Report (1964) |
| Judicial Conference of the Unites States Report (1972) |
| Karl Llewellyn, The Common Law Tradition (1960) |
| Charles Evans Hughes, The Supreme Court of the United States, 1928 |
| Bryan A. Garner, Style of Opinions, The Oxford Companion to the
Supreme Court of the United States, ed. by Kermit L. Hall (1992), p.
607-611 |
| Polly
J. Price, Precedent and Judicial Power after the Founding, 42
Boston College Law Rev., 81-122 (December 2000) |
| Danny J. Boggs & Brian P. Brooks, Unpublished Opinions & the
Nature of Precedent, 4 Green Bag 2d 17 (2000) (www.greenbag.org) |
| An Article on the Rule of Law by Walter Williams at CapitalismMagazine.com |
| Another Rule of Law
Article by Walter Williams - July, 2002 |
| Federal Judicial Center, Case Management Procedures in the Federal
Court of Appeals, 2000 (see Official
Stats) |
| Commission
on Structural Alternatives for the Federal Courts of Appeals -
this is a rich vein of commentary from many judges and other commentators on
issues facing the federal judiciary, hosted by the North Texas University
Library on behalf of the GPO
Federal Depository Library Program. Of particular interest is the Dallas
hearing of March 25, 1998 in which issues of rulings without explanation
are discussed by Fifth Circuit judges (Chief
Judge Carolyn Dineen King, Judge
Robert Parker, and Judge Patrick Higginbotham). At the New
York City hearing on April 24, 1998, Yale Law School Professor
Judith Resnik makes comments on the topic, as well. |
| Challenging
BIA Summary Affirmance in Federal Court, American Immigration Law
Foundation |
| Mary Kenney, How
to Challenge an Affirmance Without Opinion, American
Immigration Law Foundation |
| How to Prevent the
Board of Immigrant Appeals (BIA) Summary Dismissal of Your Appeal
- American Immigration Law Foundation Practice Advisory, March 19,
2002 |
Court Cases:
| Arizona v. Washington, 434 U.S. 497 (1978) |
| Baker
v. Pataki, 85 F.3d 919 (2d Cir. 1996) (en banc) |
| Cleveland Board of Education v. Laudermill, 770 U.S. 532 (1985) |
| Connecticut Board of Pardons v. Dumschat, 452 U.S. 458 (1981) |
| Dunlop v. Bachowski, 421 U.S. 560 (1976) |
| Goldberg v. Kelly, 397 U.S. 254 (1970) |
| Goss v. Lopez, 419 U.S. 565 (1975) |
| Harris v. Rivera, 454 U.S. 339 (1981) |
| In re Rules of the United States Court of Appeals for the Tenth Circuit,
Adopted Nov. 18, 1986, 955 F.2d 36 (10th Cir. 1992) |
| Morrissey v. Brewer, 408 U.S. 471 (1972) |
| North Carolina v. Pierce, 395 U.S. 711 (1969) |
| Taylor v. McKeithen, 407 U.S. 191 (1972) |
| TXO Prod. Corp. v. Alliance Resources Corp., 509 U.S. 443 (1993) |
| United States v. Forness, 125 F.2d 928 (2d Cir. 1942) |
| United
States of America v. McDonald, 00-10569, (5th Cir. 2002) Pages 82-91 |
| Wolff v. McDonnell, 418 U.S. 539 (1974) |
| Youngblood v. Prudential and Miller, 99-20556 and 99-20808, (5th Cir.
2000) - Resolution was an affirmance without opinion and unpublished. The
Petition for Writ
of Certiorari to the Supreme Court for Youngblood is a major source of the content of
this web site. See also www.youngbloodvprudential.com. |
Congressional Hearings:
| House Judiciary Subcommittee on Courts, the Internet, and Intellectual
Property, Oversight hearing (in PDF format) on “Unpublished
Judicial Opinions." - June 27, 2002. (Hearing
transcript in
HTML). The hearing schedule was:
 | Opening
Statement, Congressman Howard Berman, Ranking Minority
Member on Subcommittee |
| Arthur D.
Hellman, Professor of Law, University of Pittsburgh Law School |
| Kenneth J.
Schmier, Attorney & Chairman, Committee for the Rule of
Law |
| Alex
Kozinski, Judge, Ninth Circuit, U.S. Court of Appeals |
| Samuel A.
Alito, Jr., Judge, Third Circuit, U.S. Court of Appeals & Chair
of the Judicial Conference of the U.S. Advisory Committee on the Federal
Rules of Appellate Procedure |
|
To read some of the links above, you need Adobe Acrobat
Reader. If you don't have it, click on the Acrobat Reader button below to download:
U.S. Constitution:
Inherent Powers Sanctions
General:
Cases:
| Chambers v.
NASCO, Inc.,
501 U.S. 32 (1991) |
| Crenshaw v. General Dynamics Corp., 940 F.2d 125 (5th Cir. 1991) |
| Dow Chem. Pacific Ltd. v. Rascator Maritime S.A., 782 F.2d 329 (5th Cir.
1986) |
| Matta
v. May, 118 F.3d 410 (5th Cir. 1997) |
| Roadway
Express, Inc. v. Piper, 447 U.S. 752 (1980) |
| Scaife v. Associated Air Center, Inc., 100 F.3d 406 (5th Cir. 1996) |
| Thomas v. Capital Security Servs., 836 F.2d 866 (5th Cir. 1988) |
| Topalian v. Ehrman, 3 F.3d 931 (5th Cir. 1993) |
Last saved on:
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