The Federal courts : challenge and reform /
The federal courts are the world's most powerful judiciary and a vital element of the American political system. In recent decades, these courts have experienced unprecedented growth in caseload and personnel. Many judges and lawyers believe that a "crisis in quantity" is imperiling t...
Saved in:
Main Author: | |
---|---|
Format: | Book |
Language: | English |
Published: |
Cambridge, Mass. :
Harvard University Press,
1999.
|
Edition: | First Harvard University Press paperback edition. |
Subjects: |
Table of Contents:
- I The Institution
- 1 The Organization of the Federal Courts 3
- The basic structure
- The judges
- The state courts compared
- 2 The Jurisdiction of the Federal Courts 40
- II The Challenge
- 3 The Growth of the Caseload 53
- Caseload ... versus workload
- Caseload and workload in the Supreme Court
- The Chicken Little question
- 4 Why the Caseload Has Grown So 87
- Models of caseload growth
- The district courts
- The courts of appeals
- The Supreme Court
- 5 Consequences: The System Expands ... 124
- More judges, working harder
- The rise of the law clerk
- 6 ... And Is Streamlined 160
- Curtailment of oral argument
- Nonpublication of opinions
- The standard of review, the trend toward "ruledness," summariness
- Sanctions
- III Incremental Reform
- 7 Palliatives 193
- Upping the ante
- Limiting or abolishing diversity jurisdiction
- Better management
- Alternative dispute resolution
- The reform of the bar
- 8 Specialized Courts 244
- Specialized Article III courts
- Rethinking administrative review
- IV Fundamental Reform
- 9 The Role of Federal Courts in a Federal System 273
- The optimal scope of federal jurisdiction
- Specific caseload implications
- 10 Federal Judicial Self-Restraint 304
- Principled adjudication
- The meaning and consequences of judicial activism and self-restraint
- The restraint ratchet and other extensions
- 11 The Federal Judicial Craft 335
- District judges
- The institutional responsibilities of federal appellate judges
- Rule versus standard again
- Stare decisis.