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Vol 21 No 11 Nov/Dec 2016

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Injustice On Appeal: The United States Courts of Appeals in Crisis (eBook)


ISBN13: 9780199367054
Published: January 2013
Publisher: Oxford University Press USA
Country of Publication: USA
Format: eBook (ePub)
Price: £48.33 + £9.67 VAT
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The United States Circuit Courts of Appeals are among the most important governmental institutions in our society. However, because the Supreme Court can hear less than 150 cases per year, the Circuit Courts (with a combined caseload of over 60,000) are, for practical purposes, the courts of last resort for all but a tiny fraction of federal court litigation. Thus, their significance, both for ultimate dispute resolution and for the formation and application of federal law, cannot be overstated. Yet, in the last forty years, a dramatic increase in caseload and a systemic resistance to an increased judgeship have led to a crisis. Signed published opinions form only a small percentage of dispositions; judges confer on fifty routine cases in an afternoon; and most litigants are denied oral argument completely. In Injustice on Appeal: The United States Courts of Appeals in Crisis, William M. Richman and William L. Reynolds chronicle the transformation of the United States Circuit Courts; consider the merits and dangers of continued truncating procedures; catalogue and respond to the array of specious arguments against increasing the size of the judiciary; and consider several ways of reorganizing the circuit courts so that they can dispense traditional high quality appellate justice even as their caseloads and the number of appellate judgeships increase. The work serves as an analytical capstone to the authors' thirty years of research on the issue and will constitute a powerful piece of advocacy for a more responsible and egalitarian approach to caseload glut facing the circuit courts.

Subjects:
Other Jurisdictions , eBooks, USA
Contents:
PREFACE
INTRODUCTION
CHAPTER 1: A BRIEF HISTORY OF THE CIRCUIT COURTS
CHAPTER 2: THE PUBLICATION PLANS
CHAPTER 3: THE PREMISES OF THE ARGUMENT FOR LIMITED PUBLICATION
CHAPTER 4: THE COUNTER-ARGUMENTS
CHAPTER 5: THE LIFE AND DEATH OF THE NO-CITATION RULES
CHAPTER 6: THE CONSTITUTION AND UNPUBLISHED OPINIONS
CHAPTER 7: RESTRICTING ORAL ARGUMENT
CHAPTER 8: ADDITIONAL DECISION MAKERS: DECIDING BY BUREAUCRACY
CHAPTER 9: THE CUMULATIVE EFFECT OF THE APPELLATE TRIAGE REGIME
CHAPTER 10: COMMISSIONS, STUDIES, REPORTS, AND PROPOSALS
CHAPTER 11: THE OBVIOUS SOLUTION AND THE JUDICIAL OPPOSITION
CHAPTER 12: THE NEED FOR A SMALL FEDERAL JUDICIARY: REASONS, ARGUMENTS, AND REFUTATIONS
CHAPTER 13: JURISDICTIONAL RETRENCHMENT: OF BABIES AND BATH WATER
CHAPTER 14: ELITISM AND DIVERSITY
CONCLUSION