BSF partner Scott Gant’s article, Missing the Forest for a Tree: Unpublished Opinions and New Federal Rule of Appellate Procedure 32.1, 47 B.C. L. Rev. 705, 734 (2006), was quoted in the North Carolina Supreme Court’s dissent in Mole v. City of Durham. The dissent disagreed with the Court’s authority to decide which Court of Appeals opinions have precedential value and its decision to “unpublish” the Court of Appeals decision in Mole.
