Anita,
Our library has decided to purchase one copy of the Federal Appendix.
Below is a message from our Associate Director (who is not on lawlib)
regarding why we decided to subscribe. Of course, this message is not
intended to recommend that other libraries subscribe to the title.
Carol
Anne Klinefelter wrote:
> Carol,
>
> My understanding is that the 8th Circuit recently stirred things up in
> the "unpublished" opinions arena with an opinion that was later
> vacated on other grounds, leaving the issue unresolved. The earlier
> opinion, Anastasoff v. United States, 223 F.3d 898 (8th Cir. Mo. 2000)
> allowed the government to rely on an unpublished opinion that the
> court felt was the only case on point. The court said that preventing
> the use of this case as precedent violated Article III of the
> Constitution.
>
> Some law review articles have explored this case and suggested that
> another court or the same 8th Circuit court will soon be presented
> with this issue and may decide that preventing citation to unpublished
> opinions is unconstitutional.
>
> Perhaps this case and the controversy surrounding it has led to the
> publication of these "unpublished" opinions.
>
> Anne
>
> Anne Klinefelter
> Associate Director and Clinical Assistant Professor of Law
> Kathrine R. Everett Law Library
> University of North Carolina at Chapel Hill
> klinefel@email.unc.edu; (919) 962-6202
>
>
> Carol Avery Nicholson wrote:
>
>>
>>
>> Anita Shew wrote:
>>
>> > Hello colleagues, Recently we received a volume of a new West
>> > reporter series called Federal Appendix. There was no notice with
>> > it, nor was there any introduction in the volume. This includes
>> > cases from the U.S. Courts of Appeal that are not being published
>> > in Fed.3d. and are designated "unreported". If they are not to be
>> > cited by the courts then why are they being "published" in a book
>> > form?Can anybody shed any light on this? I have no intention of
>> > keeping this set. And I have seen no word from West about
>> > this.Anita Anita K. Shew, Director
>> > Butler County Law Library
>> > 10 Journal Sq. Suite 200
>> > Hamilton, OH 45011
>> > (513) 887-3456
>> > FAX (513)887-3696
>> >
>> > *** This email has been scanned for viruses ***
>>
This archive was generated by hypermail 2b29 : Wed Nov 14 2007 - 20:36:19 PST