In Anastasoff v. U.S., 223 F.3d 898 (8th Cir. 2000) , a panel of the Eighth
Circuit reached the conclusion that Rule 28A(i) of the Circuit Rules was
unconstitutional to the extent that the rule declared unpublished opinions
as not precedent. Subsequently, in Anastasoff v. United States, 235 F.3d
1054 (8th Cir. 2000) (en banc), the Eighth Circuit vacated the opinion of
the panel and stated "The constitutionality of that portion of Rule 28A(i)
which says that unpublished opinions have no precedential effect remains an
open question in this circuit." It seems to me that the full court decision
gives a better discussion of why the panel felt the need to go off on a lark
of its own than the panel decision does, but such is frequently the way of
the knowing.
Nevertheless, it would seem that West found a publishing opportunity in the
Anastasoff en banc decision, and for that we may be grateful that they now
provide us with additional unpublished cases that may be, but by rule are
not now, precedential authority in the eighth circuit.
Chas. Gaunce
Law Librarian
UTEP
-----Original Message-----
From: Bachman, David [mailto:david.bachman@law.vanderbilt.edu]
Sent: Monday, April 29, 2002 2:31 PM
To: 'law-lib@ucdavis.edu'
Subject: FW: Federal Reporter 3d/Federal Appendix advance sheets
A couple of questions related to West's guerilla (gorilla?) marketing
tactics ...
1--The advance sheet gambit has resulted in more awkward questions at
reference desks. How do librarians respond to questions from attorneys, law
professors and others who ask what to make of Fed. Appx. decisions?
2--How do we explain these hybrid reported/unreported decisions to
first-year law students, who are just beginning to grasp stare decisis and
the concept of published court decisions?
David Bachman
Vanderbilt University Law Library
-----Original Message-----
From: Robert S. Ryan [mailto:RRyan@hfbllp.com]
Sent: Monday, April 29, 2002 1:27 PM
To: Lydia Wilson; ~Merriam, Julie; law-lib@ucdavis.edu
Subject: RE: Federal Reporter 3d/Federal Appendix advance sheets
I guess "It's cheaper for us to put them both in one booklet even though it
wastes shelf space & (probably will be) more expensive for our customers
who don't subscribe to our idiotic, worthless new reporter." doesn't really
fly from a PR standpoint.
Bob Ryan
Hill Farrer & Burrill
Los Angeles
-----Original Message-----
From: Lydia Wilson [mailto:lydiaw@yahoo.com]
Sent: Monday, April 29, 2002 11:00 AM
To: ~Merriam, Julie; law-lib@ucdavis.edu
Subject: Re: Federal Reporter 3d/Federal Appendix advance sheets
So, apparently, West needs a week to come up with a
reason why they combined the advance sheets?
Lydia Wilson
Library Director
Budd, Larner, Gross, et al.
Short Hills, NJ
--- "~Merriam, Julie" <Julie.Merriam@westgroup.com>
wrote:
> West Group has received questions regarding the
> recent shipment of the
> Federal Reporter 3d/Federal Appendix combined
> advance sheets volumes 15 and
> 15A sent to Federal Reporter 3d subscribers. This
> shipment was the first
> time West Group included unpublished U.S. Courts of
> Appeals decisions with
> Federal Reporter 3d advance sheets.
> In order to respond more completely to the variety
> of customer comments,
> West Group is in the process of compiling
> information that will clarify this
> update for you. Please look for a posting to the
> list providing this
> additional information within the week.
> Please contact West Group Customer Service if you
> have questions regarding
> Federal Supplement/Federal Appendix advance sheets
> at 1-800-328-4880.
>
> Julie Merriam
> Customer Service
> West Group
> 1-800-328-4880
> Ext. 67802
>
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