Merritt E. McAlister* Nearly 90 percent of the work of the federal courts of appeals looks nothing like the opinions law students read in casebooks. Over the last fifty years, the so-called “unpublished decision” has overtaken the federal appellate courts in response to a caseload volume “crisis.” These are often short, perfunctory decisions that make … Continue reading “Downright Indifference”: Examining Unpublished Decisions in the Federal Courts of Appeals