Having argued that it is important to think about court norms, Gulati and McCauliff describe data on the publication practices of the various circuits. The data suggest that there are radical differences in the norms.
Mitu Gulati & C. M. A. McCauliff,
On Not Making Law,
61 Law and Contemporary Problems
Available at: https://scholarship.law.duke.edu/lcp/vol61/iss3/13