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Expert Analysis

Banning Rule 36 Affirmances: Be Careful What You Ask For

By Matthew Dowd ( August 25, 2017, 12:02 PM EDT) -- The U.S. Court of Appeals for the Federal Circuit uses Rule 36 affirmances to dispose of appeals when "an opinion would have no precedential value." Not unique to the Federal Circuit, the procedural mechanism is a valuable tool for resolving easy cases without the need for a written opinion. It enables the court to manage an increasing caseload and dispense justice quickly....

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