REBLOG: Steven Klepper On Fourth Circuit "Soft Precedent"

Here's a great blog post from Steven Klepper, the editor of Maryland Appellate Blog. Klepper discusses the various reasons underlying the Fourth Circuit's unusual practice of designating lengthy, divided opinions as "unpublished." His conclusion? The court designates some divided opinions as unpublished to avoid creating binding precedent in the circuit, thus giving other panels an opportunity to differ on the same issue without having to go en banc.