This Article examines the criteria used by the Eleventh Circuit Court of Appeals in determining whether or not a judicial opinion should be published. Through an empirical study and analysis, the authors conclude that the written rule governing publication offers little guidance to the judges and is often applied inconsistently within the circuit.
Donald R. Songer, Danna Smith & Reginald S. Sheehan,
Nonpublication in the Eleventh Circuit: An Empirical Analysis,
16 Fla. St. U. L. Rev.