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Although the thirteen United States Courts of Appeals are the final word on 99 percent of all federal cases, there is no detailed account of how these courts operate. How do judges decide which decisions are binding precedents and which are not? Who decides whether appeals are argued orally? What administrative structures do these Courts have? The answers to these and hundreds of other questions are largely unknown, not only to lawyers and legal academics, but by many within the judiciary itself. Written and Unwritten is the first book to provide an inside look at how these courts operate. An unprecedented contribution to the field of judicial administration, the book collects the differing local rules and internal procedures of each Court of Appeals. In-depth interviews of the Chief Judges of all thirteen circuits and surveys of all Clerks of Court reveal previously undisclosed practices and customs.

Appellate courts --- Rules and practice. --- United States. --- Rule and procedure.

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Since the 1970s, federal circuit courts have designated some decisions as unpublished as a means of keeping up with an increasing number of appeals, yet still providing quality legal analysis. These unpublished opinions declare that they will only resolve the dispute in question rather than have the rulings act as binding precedent. Scholars have since focused on policy & the law-making function of circuit courts which avoids the difficult task of grappling with the massive number of unpublished decisions. The distinction between published & unpublished rulings has created a breeding ground for disparities in power & privilege that raise serious concerns about social justice. Nearly four out of five decisions are unpublished. This book presents a comprehensive examination of the theoretical & empirical implications of a key institutional practice in a highly influential set of courts.

Appellate courts --- Appellate procedure --- Citation of legal authorities --- Equality before the law --- Court records --- Court rules --- Law. --- Laws of specific jurisdictions & specific areas of law. --- Access control --- Publishing