Professor Dragich examines the no-citation rules of the federal courts of appeals in light of the purpose and operation of the doctrine of precedent. The article concludes that no-citation rules are fundamentally incompatible with the rule of precedent. The rules also cannot be justified on grounds of economy or efficiency. The courts of appeals cannot legitimately declare decisions to be "non-precedential," and must not continue to forbid their citation.
Martha J. Dragich, Citation of Unpublished Opinions As Precedent, 55 Hastings L.J. 1235 (2004)