In his latest Daily Journal column, Manatt Appellate Partner Benjamin Shatz wrote about the history and demise of the Federal Appendix, a case reporter comprised of “unpublished” decisions from the Federal Courts of Appeals, as well as its impact on appellate citation culture.
Shatz described how the evolution of “unpublished” or “non-precedential” citation was intertwined with the introduction and adoption of the Appendix. “It turned out that allowing citation to unpublished decisions did not cause the heavens to fall. And thus, the Fed.Appx finally came into its own as safely citable.” Having been discontinued for almost a year, Shatz reflected on the Appendix’s 20-year life and explained the implications of its death. “From its birth, Fed.Appx was a redundant oddity,” Shatz observed. “The real question might be “How did it last for 20 years?’”
Daily Journal subscribers can read the full article here.