Problem
• In the Renberg reading ("The Transmission of Legal Precedent in the U.S. Courts of Appeals") Renberg discusses the factors that make U.S. Circuit Court decisions influential. What attributes of influential opinions does Renberg identify? Based on the reading, should the Circuit Courts abolish the practice of using unpublished decisions? Why/why not?
• In "Issue Emergence and Evolution in the US Supreme Court," Pacelle and Pyle discuss the process by which the Court creates and defines precedent. According the authors, what are the steps in the process? In your opinion, is this a useful framework for evaluating the evolution of constitutional law?