Every order and opinion of the Supreme Court of New Jersey is published. And every Appellate Division opinion is public, posted online at njcourts.gov. Yet, most Appellate Division opinions are not “published,” but rather, stamped: “Not For Publication Without the Approval of the Appellate Division.” R.1:36-1.

Both lawyers and trial judges wonder—what is the point of this distinction? And what calculus governs publication of an Appellate Division opinion?

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