Does WestLaw Have a Perverse Incentive to Yellow-Flag Cases

January 6th, 2012

Kedar Bhatia notices that there are a number of recent SCOTUS cases with yellow flags? How could this be? What court can yellow-flag SCOTUS?

I always found the yellow flags largely useless, particularly when a scotus case is yellow, absent intervening scotus precedent.

I also question how willing the research librarians are to slap yellow flags on cases–think about it, it generates more clicks, bc now you have to read all other precedents. Somewhat perverse?