An unpublished disposition is, more or less, a letter from the courtroom to parties familiar with the information, asserting the outcome and the essential rationale of the court docket’s choice. Deciding a large portion of our circumstances on this trend frees us to spend the requisite time drafting precedential opinions in the remaining cases. But precedent additionally serves a very completely different operate within the federal courts right now, one associated to the horizontal and vertical organization of those courts. See John Harrison, The Power of Congress Over The Rules of Precedent, 50 Duke L.J.
Unlike the Anastasoff court docket, we are unable to seek out within Article III of the Constitution a requirement that each one case tendencies and orders issued by appellate courts be binding authority. On the opposite, we consider that an inherent aspect of our perform as Article III judges is managing precedent to develop a … Read More