A recent decision by the 8th Circuit Court of Appeals (covering the Dakotas, Minnesota, Nebraska, Iowa, Missouri, and yes, Arkansas) finds the judicial practice of declaring "unpublished" court decisions to have no precedential value, to be unconstitutional.

Generally "unpublished" decisions could be published - that is, you might even find the text of them on Internet - but the practice allowed the physical case files to be stamped "Not to be cited in any future case", treating the decisions as though they'd never happened insofar as "legal precedent" is concerned.

The Court found the practice is unconstitutional, specifically because it allows judges to pick and choose what shall be binding and what shall not, and results in unequal rulings in identical cases - thus granting to the judiciary the status of "legislature" and a de facto ability to not only interpret and uphold law but also to create it.

More details at the URL below.